Painting over/stripping two tone after getting UKARA

[Josh453]

I currently don’t have a UKARA licence but I’ve already bought quite an expensive two tone pistol, so I was wondering whether I can modify the colour once I’ve got a UKARA licence or not? I’m aware that it’s illegal without the licence but I’m not sure about if you have it.

 

[mp5a4]

When you are registered with the UKARA (Not a licence) you will have a valid defence 

 

Quote

 

S.36 of the VCRA covers the Manufacture, import and sale of realistic imitation firearms (RIF)

(1) A person is guilty of an offence if—

 

(a) he manufactures a realistic imitation firearm;

 

(b) he modifies an imitation firearm so that it becomes a realistic imitation firearm;

 

 

With a valid defence such as UKARA, you can modify the IF into an RIF. Some will tell you depending on their interpretation of the law, there are other defences too beyond UKARA although UKARA is well established and has precedent in law.

With the 'defence' you're still guilty of the offence, but you have a 'defence' to commit it haha. 

Take a read of section 36 and section 37 of the VCRA 2006, iirc there's been a few things more recently to supplement what's there, but it basically tells you everything you need to know

[Rogerborg]

On 26/10/2022 at 16:10, Josh453 said:

I’m aware that it’s illegal without the licence

 

There is no licence, and it's always illegal.  However, you may have a defence.

 

Our defence hangs on the very thinnest of pegs.  It was added to the defences as the very catchy "the organisation and holding of permitted activities for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of those activities". 

 

https://www.legislation.gov.uk/uksi/2007/2606/regulation/3/made

 

This was then expanded on by some Joe Nobody in the Home Office to mean "the organisation and holding of airsoft skirmishing" and "The defence for airsoft skirmishing can apply to individual players because their purchase of realistic imitation firearms for this purpose is considered part of the “holding” of a skirmishing event"

 

https://www.gov.uk/government/publications/the-violent-crime-reduction-act-2006-commencement-no-3-order-2007-firearms-measures

 

A scheme that looks quite like the current UKARA one is described, but it's suggestive, not prescriptive. The defence in the (modified) statute is simply "to show that his conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified" (e.g. airsoft skirmishing).

 

tl;dr version - the defence actually relies on future intent, not past behaviour, although you need to adduce it rather than just assert it. So book another game day, paint or strip it, be sensible with its use, and it's not going to be an issue for you.

 

Of course, if you're not actually an active airsoft skirmisher, none of this applies, but it's not like me saying "Gonnae no spray that" will actually stop you from doing it.

[Josh453]

Great thanks!

[BigStew]

17 hours ago, Josh453 said:

I currently don’t have a UKARA licence but I’ve already bought quite an expensive two tone pistol, so I was wondering whether I can modify the colour once I’ve got a UKARA licence or not? I’m aware that it’s illegal without the licence but I’m not sure about if you have it.

 

Can't add anything to the legal side of things, but regards the painting of the pistol depending on your skill level and which gun it is. it may not be possible to get a good finish either after stripping or painting over the two tone paint. It will certainly get you a better result just purchasing an OEM replacement (frame or slide)