Airsoft guns are air weapons?

[Pseudotectonic]

I should preface this is entirely within the context of Firearms Act 1968, in particular the offences related to air weapons.

 

And that all this time I had the impression that airsoft is not air weapons.

 

But I am raising this question because I saw this. The police website says airsoft guns are air weapons.

https://www.met.police.uk/advice/advice-and-information/fi/af/firearms-licensing/air-weapons/

 

If airsoft is air weapon, it would become illegal to gift minors airsoft, so will gifting them plastic BBs, under s 24(2). I saw some prior discussions here but cannot find any concrete conclusion. Most websites out there seem to suggest it is ok to gift airsoft to someone under 18, implying that airsoft is not air weapon. I also had the believe that gifting airsoft to under 18 is ok. But if airsoft is air weapon then it would be illegal.

 

It also says you must be above 18 to hire one. So under 18 cannot hire rentals? (What about paintball?)

 

CPS considers paintball guns as air weapons.

 

Pouring over the Firearms Act it doesn't give any indication either way. The definition of air weapon in Firearms Act s 1(3)(b) does not really exclude airsoft, like how airsoft is excluded from firearms. One can say the wordings of Firearms Act would imply air weapon is a subcategory of firearm (e.g. section titles, subsection structures), therefore by virtue of airsoft not being a firearm it is automatically excluded from the air weapon definition, but this is not super explicit, can definitions be interpreted like this? (Any experts of statutory interpretation?)

 

Interestingly, the Air Weapons and Licensing (Scotland) Act 2015 would explicitly exclude any air weapon that is not a firearm, and airsoft which is not a firearm would qualify. So airsoft is certainly not air weapon in Scotland at least for licensing purposes. However, the Act also implies that there are air weapon that is not firearm ("the expression [air weapon] does not include ... an air weapon which is not a firearm").

 

The dictionary meaning of "air pistol" and "air rifle" and "air gun" would literally include airsoft because of the use of compressed air. Therefore unless air weapon as defined in s 1(3)(b) is strictly a subcategory of firearm, it is possible to count airsoft as air weapon, similar to how airsoft is also imitation firearm.

 

One can argue, if it applies to paintball, it should similarly apply to airsoft, so if paintball is air weapon, so is airsoft?

 

Tangentially, are airsoft fields operated the same way as paintball fields? Particularly in rentals to under 18s?

[Tackle]

While technically your correct, it all comes back to "grey" areas, in particular power output.

Like most things it usually takes a legal precedent for the government to take action in implementing or altering laws.

For us it's unlikely to be on the basis of power output, most of the gats we use would implode if we tried to get them up to near lethal output levels.

The only other real issue that could affect us in the future is the realism of the kit we use, & again there'd have to be a precedent set in order to trigger a government response, either a massive increase in the number of specifically airsoft rifs in crimes, in particular violent crimes or crimes against the establishment,  bank robberies etc, 

Or an increase in cop versus airsoft rif fatal shootings, in which case coroners & the like call for further restrictions against their availability. 

The similarities between our kit & air weapons is primarily mechanical, pistons displacing air etc, but it is ridiculous that it's much easier to purchase a much higher power air rifle or pistol, that can also be as realistic as real steel, than it is our pot metal & plastic low power toys.

I for one don't feel there's any benefit in publicly admitting that on paper we technically are the same, because if "they" go after them, they might tar us with the same proverbial brush.

But that's only my opinion. 🤔

 

[Cannonfodder]

I'd say no as section 57A has specific exemptions for airsoft guns not to be classed as firearms 

 

https://www.legislation.gov.uk/ukpga/1968/27/section/57A

Edited 13 hours ago by Cannonfodder

[BigAl]

It's all a mess the hole system needs revamping.  Sadly if they ever do get round to it,  it will probably only turn out to be bad news for the shooting sports.  They will invariably take the opportunity to ban or make it harder to get some items.

[Tackle]

2 hours ago, BigAl said:

 They will invariably take the opportunity to ban or make it harder to get some items.

That's why we need to stockpile now, like those crazy yank preppers lol🤪

[BigAl]

2 minutes ago, Tackle said:

That's why we need to stockpile now, like the crazy yank peppers lol🤪

 

I would, but my shelves are all still full of toilet rolls left over from lockdown.  

[Rogerborg]

Eh. I'd always go by the statute.

 

S22 (1) purchase or hire is only for firearms.

 

S22 (4) possession of an air weapon or ammunition, OK, they got us. But 23 (1) and (3) supervision will apply at any airsoft site. Transporting to and from site without a 21+ adult is problematic, but only if you're actually caught with it. At that point, you need your "reasonable excuse" for S19 possession of an imitation (realistic or otherwise) and once you've produced that and calmed the copper down, you'd have to be phenomenally unlucky to be prosecuted.

 

S24 (4) Gifting air weapons to under 18, OK, got us again. So, don't gift it, retain ownership and lend it under supervision, as per S24 (4) (b) / S23.  We can update our advice to mums and dads.

 

Just keep doing what we've been doing, and we'll be fine, not fined.

[Tommikka]

Paintball guns are ‘low powered air weapons’ as far as legislation is concerned

(Even when CO2 powered - originally Scotland considered paintball sites to be committing section 5 offences as CO2 was used, whereas the rest of the UK accepted CO2 use as a reasonable interpretation of the intent of the law - that interpretation loophole was subsequently rectified)

 

 

 Airsoft was under the umbrella of low power air weapons, but that changed with the 57a amendment as noted by @Cannonfodder- for compliant Airsoft guns

 

Paintball falls into many grey spots in the legislation, with interpretations from the Home Office backing up paintball - but interpretations are always subject to change at any time 

 

[Tommikka]

6 hours ago, Pseudotectonic said:

 

It also says you must be above 18 to hire one. So under 18 cannot hire rentals? (What about paintball?)

 

Being an under 18 rental player on a paintball or Airsoft site would be subject to a parent/guardian/responsible adult counter signing their waiver, and within the ‘loan’ element.

[Rogerborg]

2 hours ago, Tommikka said:

would be subject to a parent/guardian/responsible adult counter signing their waiver

 

I can't think how those silly things would be relevant to the criminal situation. They're barely worth the paper they're written on for civil liability.

 

 

2 hours ago, Tommikka said:

within the ‘loan’ element.

 

By which we mean S24 (4) (b), "to part with the possession of an air weapon or ammunition for an air weapon to a person under the age of eighteen". It doesn't appear to matter if it's a loan within a family, or hire from a site: just handing an air weapon to someone under 18 triggers it.  However, S23 supervision then kicks in - an eye has to be kept on them.

 

What's interesting is who is doing that supervision on the field. If it's not a parent or guardian, it would have to be the marshals. I wonder if sites and marshals are aware of this, and agree to take on that responsibility. And even if they're supervising site hire guns, are they supervising under-18 players who aren't otherwise being supervised?  How would they even know who's under 18? 🤔