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  • VCRA & UKARA F.A.Q Thread

    Q: What does U.K.A.R.A. stand for?
    A: United Kingdom Airsoft Retailers Association

    Q: Do I need U.K.A.R.A to purchase a RIF?
    A: No, however most UK based retailers require it.

    Q: What is a RIF?
    A: A Realistic imitation firearm. Anything that could be mistaken for a real (modern) firearm, regardless of whether there is a real equivalent gun manufactured.

    Q: Are there any exceptions to this?
    A: Yes. If a real gun was manufactured before 1870, any copy of it does not count as a RIF. Regardless of the age of the gun which it is a copy of, if it is less than the size of the original gun, it may not count as a RIF depending on whether or not the Home Secretary has added a specific replica to the list of realistic guns. If it is shorter than 70mm and no higher than 38mm it cannot be classed as a RIF.

    Q: What is an IF?
    A: An Imitation Firearm. Anything which looks (in terms only of shape and size) like a real firearm.

    Q: I thought IFs were brightly coloured?
    A: Yes and no (see below). If it is painted an unrealistic colour (or clear) as "the principal colour" then it is not a realistic looking gun in the eyes of the law. The law states that only certain colours will make an imitation unrealistic and they are: bright red, bright orange, bright yellow, bright green, bright pink, bright purple and bright blue. There is no definition of "bright", but dull and subdued colours will almost certainly not count.

    Q: Does the whole gun need to be a bright colour?
    A: No. There is a general misunderstanding of the rule regarding the amount of colour needed to make a gun count as unrealistic. People have interpreted "principal colour" to mean that 51% of the gun must comply with the listed colours. In fact, the Association of Chief Police Officers (ACPO) guidelines says that as "principal" means the most common, the restriction is that it must be the largest percentage of any of the colours used. So if a gun has two colours, the bright one must be 51%, but if the gun has three distinct colours (for example black, brown and green, not just slightly different tones, such as black and grey) then the bright colour needs to be 34%, 4 colours would require 26% and so on.

    Q: So is a RIF an IF, or is an IF a RIF?
    A: Confusing isn't it! The Violent Crime Reduction Act 2006 has a section that refers to Imitation Firearms. This is used in the act to cover anything with the size and shape of a real firearm. If the item is also coloured the same as a real firearm, it comes under a sub-section of Imitation Firearms called Realistic Imitation Firearms. So, a RIF is an IF but in normal terms, most people use RIF to mean a realistic gun and IF to mean an unrealistic gun.

    Q: What does the Violent Crime Reduction Act 2006 have to do with me, I'm an Airsofter, not a violent criminal?
    A: VCRA has restricted the sale and supply of Airsoft guns (and certain accessories, such as some grenade launchers).

    Q: How do I get around the restrictions in VCRA?
    A: You don't! You may have a defence against being charged under the act, but regardless of whether or not you are an Airsofter, it's still illegal to sell an IF or RIF, to manufacture one, to import one, or (if you are under 18) to purchase one. There are, however, standard defences that may allow you to continue to sell Airsoft guns (etc.).

    Q: So, how can I buy a new Airsoft gun legally?
    A: Assuming that you are 18 or older, you must be able to prove your age to the person selling the gun. If you can do that, they may sell you any Imitation Firearm that is not realistic without any further restrictions.

    Q: But I want a realistic one. How do I get one?
    A: By proving that you are a regular Airsoft player. This can be done in a number of ways. UKARA registration is the easiest, but this is a system set up by the retailers to protect themselves and is not a legal requirement. Basically, you need to convince the person selling the gun that you qualify as a regular player. How you do this is between you and them, but examples of acceptable checks would be (for example) knowing the other person through playing at the same sites, a phone call to your regular site confirming that you are a player there, confirming via other players (whom the seller feels that they can trust) that you are a regular player. Some form of playing diary, or logbook, stamped by sites when you play there would also be acceptable.

    Q: I play Airsoft games with my friends every week at a local farm, is this OK?
    A: No! The implementation order that gave Airsofting the defence specifies that you must play at a site with third party insurance. In other words, only properly set-up, professional sites count as a defence.

    Q: OK, so I need to play at a site to qualify. How often do I need to play?
    A: The act doesn't say. In theory (and this hasn't been tested in a court yet, so may turn out to be an invalid argument in the long run) you only need to intend to be a regular player. Some retailers will sell a RIF to you if you are paying for (and collecting) it at a site run by themselves while you are signed in to play there that day. However, to qualify for UKARA membership, you need to play at least 3 games at the same (UKARA registered) site in no less than 2 months. While this is not a legal requirement, it does seem to be a good compromise that many sellers use, even if the purchaser is not actually UKARA registered.

    Q: I've already got a RIF, but I'm not a regular player. Is this legal?
    A: Yes. VCRA has made no restrictions on the ownership of RIFs and IFs, it has restricted their sale, import and manufacture. As you already own it, there is nothing illegal whatsoever about this. BUT, if you decide to sell it, you must make sure that the person you are selling it to qualifies under the act.

    Q: The person I want to sell it to isn't a regular player, but they've offered to swap it for something. Is that OK?
    A: No! As far as the law is concerned (and there is case law supporting this from many different laws, over decades of trials) swapping anything of value (or doing un-paid work that has some value) for something can be counted as purchasing.

    Q: The person I want to sell to says they are UKARA registered, how can I check this?
    A: Zero One will do this for you. Email them the persons details (full name, address including postcode and UKARA number) and they will confirm it for you in a day or two.

    Q: So, I can't get any more Airsoft guns, even though I already own one?
    A: If you are over 18, you can quite legally purchase one that is non-realistic. But, to obtain one that is realistic, you must qualify as a regular player.

    Q: Can I purchase a non-realistic one and then change it to make it realistic?
    A: This is an area that is widely debated. VCRA makes it an offence to manufacture a RIF (and to convert an IF to a RIF), but it also gives a number of defences against prosecution under the act. There are two arguments here. One is that the defence as a regular Airsofter covers not only the purchase of RIFs, but also the conversion of IFs to RIFs. The other (which is the point of view taken currently by the Home Office) is that the defence for manufacturing/converting applies to retailers and importers, but not to individual players. The act does not specify that the skirmishers defence applies to importing, but HMRC have been accepting it ever since the act came in to force. On that basis, it is possible that the manufacturing/converting issue may well be acceptable as a regular player, but until there has been a prosecution (and, therefore, case law created), there can be no firm answer on this and the responsibility lies with the individual to decide if they wish to take the risk of converting or manufacturing a RIF.

    Q: My bright green gun keeps making me stand out at games, can I cover it while skirmishing?
    A: Yes. Any form of temporary covering is totally legal, but to be on the safe side, it's best if you wait until you are at the site to do this and then remove it before leaving.

    Q: I've found a site overseas who have said they will ship the gun to me in parts, is this OK as I know the law doesn't prevent the import or sale/purchase of parts?
    A: Yes, it's legal, but only if you can prove you are a regular skirmisher. Otherwise, you are still importing an imitation firearm without the legal right to do so. If you are caught, you can be charged under VCRA . HMRC (customs) are now stopping packages which contain significant numbers of Airsoft gun parts and are attempting to find other shipments to the same person. If they find a whole gun's worth of parts, you will be charged.

    Q: I want to sell my RIF to a person who's not a regular player, can I convert it into an IF?
    A: Yes. You can paint it (as above) and then it will be legal for you to sell it to them, as long as you are sure that they are 18 or above.

    Q: I'm under the age of 18, can I own a RIF or an IF?
    A: Yes. VCRA makes no mention of age limits in relation to owning a RIF or IF.

    Q: But, as I'm too young to buy one, how can I get one legally?
    A: That is a more complex issue. If you already own it, there is nothing wrong with this at all. If you don't own it, then things get more complicated. The act only refers to the sale and purchase of RIFs and IFs in relation to age, it makes no mention whatsoever of them being given as gifts. So, in theory (and, again, this is an area of hot dispute), there is nothing to stop you being given either a RIF or an IF if it is a genuine gift. Remember, the act makes the assumption that an offence has been committed unless you can prove that it hasn't, it's not up to the police to prove that you gave up your pocket money, Christmas gifts, Birthday presents (etc.) in exchange for an Airsoft gun, it's up to you to prove that you didn't. This is known as an absolute offence and this means that there is no innocent until proven guilty assumption made. If in any doubt whatsoever, don't do anything in return for a gift of a RIF/IF.

    Q: But I've got a junior licence from my site, so why can't I buy one, I'm a regular player after all?
    A: Firstly, there is no such thing as an Airsoft licence, junior or otherwise. Secondly, a site that gives you a membership card (and that's all they can give you) cannot give you some form of exemption to the law. 18 and older is the law and, for purchasing that is that.

    Q: I've got a RIF that I have legally purchased, can I keep it in my car between skirmishes with the rest of my Airsoft kit?
    A: NO!!! This would be an offence under Section 18 of the Firearms Act 1968 as well as under VCRA. In both of these cases, you must provide proof that you have a reasonable cause to have the gun with you in a public place (and in your car is in a public place, if the car itself is in a public place). Again, these are absolute offences and you can be arrested on suspicion alone and charged if you do not have a valid reason. You could argue that you have reasonable grounds if you are travelling away from home between games and your car is the safest place to keep you gun, but otherwise, you will almost certainly be found guilty of the offence.

    Q: So, how do I get my gun to a game?
    A: Carefully! Seriously, you must not allow your guns to be visible to members of the public while transporting them. If you are travelling by car, be very careful when loading them as not everyone who passes may know about your hobby. Ideally, they should be transported in cases or bags, but the original box would be satisfactory. If travelling by other means, make sure that they are not carried in something that makes it obvious that you are carrying a gun of some description. If travelling by train, the advice given by a member of train staff is to ask the guard to lock the gun in their secure area for the duration of the journey. At the end of the day, remember that the police do not need to know that you are in possession of a gun to use lethal force against you, they only need to believe that you are.

    Q: Should I remove the battery and magazine from the gun while travelling?
    A: While this is not a legal requirement as Airsoft guns are not usually classed as air weapons (but, see below), which MUST be transported unable to fire, it would be good practice to do this in order to avoid the risk of an accidental discharge of the gun.

    Q: Airgun?
    A: Another area of disagreement. The Firearms Act 1968 does not give a minimum power level for a weapon to count as an air weapon. But, current Home Office and A.C.P.O. guidelines state that any weapon that discharges a shot through a barrel at a force at, or greater than, 1 joule may be classed as an air weapon (this is a revised recommendation, down from the previous figure of 1.35J). They do, however, accept that there is no limit in law and all cases would be treated on their merits. For reference, 1.35J is roughly 380fps and 1J is roughly 328fps (both measured with a 0.20g BB). As the Firearms Act states that an airgun capable of firing in an automatic mode is to be classed as a section 5 automatic weapon (the same class as a real machine gun), people need to be cautious when their Airsoft gun is in excess of the limits above.

    Q: On the subject of airguns, why can I buy an airgun that looks just like a real gun, but can't buy a R.I.F?
    A: Simple, an airgun is classed as a low-powered firearm under the Firearms Act and, therefore, cannot also be an imitation firearm. As it cannot be an imitation firearm, it cannot come under V.C.R.A. The same goes for high-powered 4.5mm and 6mm pellet guns, paintball markers (no matter what they look like, as they fire well in excess of 1.35j) and deactivated firearms (which are covered by different laws). Confusing, but in a very strange way also logical.



    This F.A.Q was put together by rockinrobin, if you spot anything wrong please PM him. Thanks.

  • #2
    Re: VCRA & UKARA F.A.Q Thread

    Originally posted by Sci Fi Steve
    Can you clear something up for me Rock (couldn't see it in the Q&A)

    If a U18 was sold a IF by a user would the u18 be charged/arrested/fined ect.

    cheers

    SFS

    It is an offence under VCRA for an under 18 to purchase, or attempt to purchase, any form of imitation firearm (RIF or IF), so yes, they could be arrested/charged/fined etc.

    Robin
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    • #3
      Re: VCRA & UKARA F.A.Q Thread

      Originally posted by Kingrob75
      Hey,

      After reading the UKARA thread i've become a little worried,

      My Friends and i occasionally play at my friends' farm, We are all two-toners and currently all 17, we always wear masks and appropriate protective equipment etc, as well as getting permission from my friends parents, however, is this actually illegal?

      It states on this thread that airsoft may only be played at registered sites? But i assumed (wrongly or rightly) that private land with parental supervision and as we are still using two-tone that this is legal?

      Am i wrong? I'm jsut a little puzzled over this issue

      Thanks very much,

      Rob.

      Don't worry Rob, you are doing nothing illegal. As long as you have the owner's permission you can "skirmish" wherever you want (providing it is private land and you are not shooting over, or onto, an area where the public may be).

      But, for you to rely on the airsoft skirmishing defence that would allow you to purchase RIFs when you turn 18, you would need to play at a site with the relevant insurance. So, enjoy your private games for now, then when you get to 18, start playing at an official site and after a few games, you will be allowed to buy RIFs.

      Robin
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      About the Author

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      Rampage Have you ever stopped and thought about what your life revolves around? My life revolves around Airsoft Find out more about Rampage
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