UKARA - I'm confused! Sort of.

[DanBow]

Ok, I understand the reasoning behind UKARA and I understand that you have to play 3 games at the same site in 2 months to qualify but I'm confused! Well, i have questions at the very least.

 

Whats happens if i don't like the first site i play at and go to a second site? That means i have to play 4 times! And then what if i dont like the second site? I then have to play 5 times . . . ad infinitum! That's a bit crap!

 

Read, on here, that someone has been playing for years, has never registered with UKARA but is buying new RIFs like they're going out of fashion! How?

 

What are the other defences, apart from theatrical, that you can use?

 

I was at my local (ish) shop a couple of weeks ago and was looking at a rather pretty little Sig pistol. I was on the verge of slapping my money on the counter when i mentioned that i probably couldnt buy it as in not registered. The lad said that, because of our conversation, he was satisfied that I played and I could buy it! If its that easy why do I need,  or even want, to register? I didn't buy it but if the bill for repairing my car comes back cheaper than i expect, I'll be straight back to throw some money at him.

 

[Tactical Pith Helmet]

I think that UKARA 'proves' that you skirmish and therefore qualify to use a realistic imitation firearm.  You can prove this in other ways too, provided that the seller of the rif that you want to buy from is reasonably certain that you are genuine.  That is of course 'reasonably' convinced in the legal sense.

 

The seller may be your local site, who know damn well that you have played there for years but do not have UKARA.  If challenged by the plod, they could show bank statements showing that you have paid for games, and attest that you played them.  

 

My son does not have UKARA.  I could sell him a rif based on the receipts for games paid for by me for him, and numerous pics of him playing at registered sites.  

 

How I understand it anyhow.  Possibly wrong.  Too pissed to be near a PC tbh, but we'll see in the morning.  

[Galvatron]

Being a member of a registered historical renactment group with the relevant insurance is another defence. Being a police officer or a member of the armed forces technically constitutes as you being a Crown servant (another defence) though you'd have to prove your purchase was relevant to your duties such as weapons training.

 

While it seems like a crap rule, having to do a minimum of 3 games with the same skirmish site (not location) in no less than 56 days between the first and third game for a UKARA defence is to give the impression you are committing to airsoft with genuine and honest intent since you are investing time and presumably money.

 

I was able to purchase one of my RIFs from a retailer before I got my UKARA defence because I signed up for a membership and like you, my conversation with the fellow working at that store showed that I was serious about playing and that I could talk about the days of skirmishing and buying RIFs before the VCRA came into force.

[EDcase]

You don't actually NEED UKARA to buy a realistic replica, most retailers just rely on it as the simplest VCRA exemption when buying online.

Its actually at their discretion hence some retailers waive the UKARA requirement for a little extra dosh or face to face dealings as you experienced.

 

The 3 games at one site is not a big deal even if the site sucks.  You still gain experience and then can move on once you are registered.

Since the UKARA registration lasts one year, most sites will renew for a small fee even if you don't attend again.

 

A private sale technically falls under the same requirement that the seller should be reasonably satisfied the buyer will use the replica for legal airsoft use.

I haven't yet heard of a seller being prosecuted for selling a replica used in a crime but its possible.

 

 

[Tommikka]

The VCRA (plus additional elements by ‘statutory instrument’) define the defences.

 

UKARA in itself is not a legally required defence, but it is a scheme under which your status as an ‘airsoft skirmisher at insured sites’ can be documented.

The 3 games rule is not specified in the legislation, but it aligns with the proposed methodology by the airsoft business community’s lobby groups while the VCRA was a bill.

 

It is the retailer / seller who could be committing an offence under the VCRA, and therefore the UKARA retailers association put into place a scheme based on the proposals at the time of the bill, is most importantly credible if a retailer has to go to court - and has a level of value to the airsoft sites that administer it.

The UKARA database is a central register compiled from local

site membership schemes, which without the VCRA would be a membership marketing method of encouraging repeat business

 

VCRA defences:

 

https://www.legislation.gov.uk/ukpga/2006/38/section/37
 

VCRAsection 37.2)Those purposes are—

(a)the purposes of a museum or gallery;

(b)the purposes of theatrical performances and of rehearsals for such performances;

(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;

(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

 

 

 

Note that they include caveats to justify each Defence,  b, c & d don’t include ‘making prank YouTube videos, or student films, e requires organisation of historical re-enactments rather than just deciding to dress up, and f has ‘in the capacity’ of their service.

 

(Claims of needing a RIF to practice weapons handling get brought up every now and again - weapons handling has a defined meaning in armed services and includes full safety procedures, stripping etc - which don’t work with an AEG etc, plus if you are conducting practice drills or extra practice shooting then an IF would do and no VCRA Defence would be required)

 

The airsoft Defence covers the purpose of ‘airsoft skirmishing’ and caveats the intent to skirmish at insured sites.

Your shop that decided they will be happy to sell to you either has been convinced of your true intent, or just does not care about the unlikely risk of being taken to court and is happily selling to anyone whilst giving lip service to the defence.

 

As a buyer anything that the seller will accept is good enough - but with another potential downfall (if anything made it to court)

There is a shop that introduced the ‘cosplay Defence’, complete with partnering to a Comic-Con with links to their rules which forbade RIFs and therefore documenting a conspiracy to defraud involving the retailer, the Comic-Con and the buyer.  
(Cosplay is not a VCRA defence, however professional cosplayers that truely perform as opposed to turning up to a Comic-Con as a paying customer could qualify under theatrical - if they have appropriate insurance) 

 

Your shops response has more substance - they tell you that you have convinced them that your intent is to skirmish

[1st commando]

It's about intent. The seller has to be happy that your purchase is with the intent to use it at an insured Airsoft site or organised event. Ukara just helps shops by showing what you have already done in a way to show your likely intent.

 

[Rogerborg]

2 hours ago, Tommikka said:

It is the retailer / seller who could be committing an offence under the VCRA

 

That, really.  Flip your thinking around, it's got nothing to do with purchase or your use of it.  You're not committing any offence by buying or attempting to buy a RIF, the onus is entirely on the seller to provide a defence for their behaviour if prosecuted.

 

But I've been unable to find any instances of airsoft retailers being prosecuted for selling RIFs, so we don't know what evidence would actually be required.  It's not spelled out in the law itself. A site-membership / UKARA-like scheme is suggested in a Home Office circular, but the other defences have no such specificity or scheme and would rely on individual  and ad-hoc evidence (or a simple declaration).

 

As @Tommikka notes, some retailers openly claim to be adducing an entirely bogus non-defence, and zero figs are given.  One ex-retailer (Fat Bobs) simply had a checkbox to declare your intent.  I have no idea whether or how retailers record their defence for each sale, or even if they bother with it on an individual basis.

 

RIF retailers are in the business of selling RIFs.  Unless three little kids in a trenchcoat totter in wearing a false moustache and squeak "Hello, we - I mean, I am an adult who wishes to purchase your very best stick-'em-up shooter, mister" they're going to make the sale.

[Dan Robinson]

7 hours ago, Tactical Pith Helmet said:

 and numerous pics of him playing at registered sites.  

 

One of the reasons I have a special Photo Album for Airsoft - I won't be able to play the UK very much from next year, but I might like to buy a pew every so often, so my UKARA is going to drop off soon.  Hoping this kind of thing will help when dealing with shops here.  As far as I know there is no requirements in Japan, as I just walked in and bought guns there last year, even managing to use my passport to get the VAT back.

 

All online places have asked for my UKARA, but only one physical shop has insisted on it.

[Cannonfodder]

10 hours ago, DanBow said:

Whats happens if i don't like the first site i play at and go to a second site? That means i have to play 4 times! And then what if i dont like the second site? I then have to play 5 times . . . ad infinitum! That's a bit crap!

If you want to be on the ukara database then I'm afraid so, however IIRC games at different sites run by the same company do count but the time period still stands.

 

11 hours ago, DanBow said:

Read, on here, that someone has been playing for years, has never registered with UKARA but is buying new RIFs like they're going out of fashion! How?

Being on the ukara database isn't a legal requirement to buy a rif, you just need to satisfy the seller that you'll be using it to play airsoft at a proper site

 

11 hours ago, DanBow said:

What are the other defences, apart from theatrical, that you can use?

There's been a few over the years, but tbh they've generally been a bit dodgy at best.

 

Lastly thank you for not calling it a 'licence', this is a term often banded about by people who don't know what they're talking about 

[C-Diddy]

UKARA is a bit murky, is a bit fluffy and a bit tick boxey, but if it's a way we can continue to buy RIFs and not dayglo IFs or gel blasters, I'll continue supporting it.

 

[Tommikka]

5 hours ago, Cannonfodder said:

 

 

Lastly thank you for not calling it a 'licence', this is a term often banded about by people who don't know what they're talking about 

Are you sure that they don’t know what they’re talking about ?

 

The successful proposal put up by the ABA, UKARA & governing body which resulted in the skirmisher defence was an airsoft licence scheme:

 

 

 

https://www.popularairsoft.com/news/ukasgb-ukara-aba-proposal-vcr-bill

 

The Scheme would involve the following:

• The ABA would undertake to issue Player Licenses. This would result in recognized players.
• The UKASGB would undertake to register, monitor standards and regulate itsmember sites. The sites would either register with the police or the local authority.
• Not all sites are members of the UKASGB for varying reasons. However, we feelthat this should not preclude them from forming their own body and then applyingfor HO recognition.
• UKARA would undertake to register dedicated Airsoft retailers and provideguidelines and standards for their operation. We also propose that dedicatedAirsoft retailers be registered with the local constabulary so as to provide an audittrail that is transparent and clear for examination.

 

 

 

It would appear that following the need of the complete UK airsoft community to get together to protect the game that only the UKARA still stands in line with the 2007 propositions (not surprising as this is the element that protects retailers from potential prosecution)

As was flagged up recently when coming out of covid the initial reopening of airsoft sites fell through due to the lack of a Sport England governing body - which existed in 2007 with the UKASGB

 

 

[Cannonfodder]

A licence would be something that's necessary by law, eg a driving licence is required to drive on public roads or a firearms certificate is needed to own a firearm. There's no such thing as an airsoft or ukara licence as there's no legally recognised bit of paper which says a person is either an airsoft player or on the ukara database.

 

There would also need to be appropriate legislation put in place so please show me where in the vcra (or accompanying notes) a licence is mentioned in relation to airsoft.

Edited September 27, 2023 by Cannonfodder

[Rogerborg]

44 minutes ago, Tommikka said:

Are you sure that they don’t know what they’re talking about ?

 

Yes, in the sense of what we actually have now, rather than what was proposed in 2006/2007.  It's a very peculiar situation where we have an entire industry dependent on committing crimes, then arguing that each and every sale has its own defence.  Nobody can sell RIFs, and yet everybody can sell RIFs.

 

Eh, it's worked out OK, although it's rather surprising that they didn't just lump RIFs in with (other) air guns and only allow them to be sold by registered firearms dealers.

[Dan Robinson]

kinda like the cannabis situation in Holland - or at least it used to be in the 90's 😆

[Cannonfodder]

4 minutes ago, Dan Robinson said:

kinda like the cannabis situation in Holland - or at least it used to be in the 90's 😆

Pretty much yes