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xAlanAttackx
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#1
Just a quick UKARA/VCRA Question...
11 August, 2009, 18:05
If you have bought a gun in Two Tone from a retailer. Are you allowed to swap the Brghtly Coloured parts with Black parts?
Sorry for being a N00B, put thanks for being patient (goes to everyone who helped me
)
GR-16 for Sale
http://www.zeroin.co.uk/showthread.php?t=24928
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Caveira
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#2
11 August, 2009, 18:07
Re: Just a quick UKARA/VCRA Question...
Unless you are able to rely on the defence (regular skirmisher), that would be classed as manufacturing and is illegal.
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xAlanAttackx
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#3
11 August, 2009, 18:08
Re: Just a quick UKARA/VCRA Question...
Originally posted by
rockinrobin
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Unless you are able to rely on the defence (regular skirmisher), that would be classed as manufacturing and is illegal.
So If I Skirmished regularly, could I replace, for example, The Receiver of a M4?
GR-16 for Sale
http://www.zeroin.co.uk/showthread.php?t=24928
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bravotwozero
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#4
11 August, 2009, 18:10
Re: Just a quick UKARA/VCRA Question...
No.
Not at 14...
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Caveira
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#5
11 August, 2009, 18:10
Re: Just a quick UKARA/VCRA Question...
No reason why not. Just make sure that if you don't go down the UKARA route, you get some form of proof that you've played.
Photos on sites websites would be one way, but may get deleted, so a log book signed by the site owners would be a better bet.
UKARA is not a legal requirement, but is easy to proove to retailers.
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Caveira
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#6
11 August, 2009, 18:14
Re: Just a quick UKARA/VCRA Question...
Originally posted by
owainthegreat
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No.
Not at 14...
No, assuming that he didn't buy it, the restriction is only on sales to under 18s and purchases by them. There are no age limits relating to manufacturing.
http://www.opsi.gov.uk/acts/acts2006..._20060038_en_6
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Havocide
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#7
11 August, 2009, 18:36
Re: Just a quick UKARA/VCRA Question...
Originally posted by
rockinrobin
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No, assuming that he didn't buy it, the restriction is only on sales to under 18s and purchases by them. There are no age limits relating to manufacturing.
http://www.opsi.gov.uk/acts/acts2006..._20060038_en_6
Isnt he modifying it? Not manufacturing..
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Caveira
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#8
11 August, 2009, 19:04
Re: Just a quick UKARA/VCRA Question...
(2) A person is guilty of an offence if—
(a) he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this section;
(b)
he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;
The act uses modifies when referring to manufacture. Not to mention, both manufacture and modification are both illegal..lol
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Dom S
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#9
11 August, 2009, 23:39
Re: Just a quick UKARA/VCRA Question...
Originally posted by
owainthegreat
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No.
Not at 14...
Sorry owain, dont want to cause a vcra argument here...
You only have to be 18 in order to purchase RIF's and IF's. If he has been giften an IF, and is entitled to the defence, he can quite legally "un 2 tone" it. This is what i have done, and as both my parents work for the police, and i have had their work friends over having a go with them at a bbq, who didnt say anything about it, im assuming its ok.
Please see this thread, as well as iTrader, for trader feedback!
http://www.zeroin.co.uk/showthread.php?t=26651
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Aeviv
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#10
12 August, 2009, 00:09
Re: Just a quick UKARA/VCRA Question...
Ok since no one paid any attention to the legal explanation i Provided for this previously I'll repost it
Section 36 of the VCRA
(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;
(c) he sells a realistic imitation firearm; or
(d) he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.
Thats the part that applys to us, those are the restrictions in place
This then is followed with the defenses in section 37
(1) It shall be a defence for a person charged with an offence under section 36 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).
(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.
Section E is acknowledged to include airsofters
Now nowhere in this section is age mentioned at all, meaning there are no restrictions on how old you have to be to commit the crime, or to recieve a defense
However, there is a seperate section of the VCRA which states that sale to minors is illegal. This part is not covered in an airsofters defense, only section 36 is. This means that legally, ANYONE who can prove they have a defense can buy (as retailers wont sell to people without a defense (mostly)), manufactuer, convert an imitation firearm into a REPLICA imitation firearm, or import. HOWEVER, there is a further section which states that Minors cant buy RIFs or IFs, which is not covered buy the defense. Hence, a minor who can prove thier defense can SELL, MANUFACTUER, CONVERT or IMPORT, but CANNOT BUY themselves, as thier defense doesnt cover that section of the act.
40 Supplying imitation firearms to minors
(1) After section 24 of the 1968 Act insert—
“24A Supplying imitation firearms to minors
(1) It is an offence for a person under the age of eighteen to purchase an imitation firearm.
(2) It is an offence to sell an imitation firearm to a person under the age of eighteen.
(3) In proceedings for an offence under subsection (2) it is a defence to show that the person charged with the offence—
(a) believed the other person to be aged eighteen or over; and
(b) had reasonable ground for that belief.
(4) For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—
(a) sufficient evidence of those matters is adduced to raise an issue with respect to them; and
(b) the contrary is not proved beyond a reasonable doubt.”
(2) In the table in Part 1 of Schedule 6 (punishment), after the entry for section 24(4) insert—
“Section 24A(1) or (2) Acquisition by a minor of an imitation firearm and supplying him. Summary In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both. —”
(3) In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks in the entry inserted by subsection (2) of this section is to be read as a reference to 6 months.
In laymans terms, this is a seperate section that forbid sale of imitation firearms to minors, and as it is not covered by the airsofters defense, which only relates to section 36, minors cannot use thier defense to purchase a RIF, as a second subsection of the law forbids it
IN SHORT- YES. YOU CAN RESPRAY OR COVERT A TWO TONE IF YOU CAN PROVIDE A DEFENSE REGARDLESS OF AGE!
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Caveira
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#11
12 August, 2009, 09:45
Re: Just a quick UKARA/VCRA Question...
Aeviv, you've just used up about 50 lines to recap what Dom S and myself have already written.
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ejtrent
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#12
12 August, 2009, 09:53
Re: Just a quick UKARA/VCRA Question...
Mmmmm the usual 'Law' jargon, do we haev a sticky for this yet?
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Caveira
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#13
12 August, 2009, 10:00
Re: Just a quick UKARA/VCRA Question...
Not a bad idea.
The only problem would be that some people would argue the toss about it, even when shown a copy of the act and the exemption.
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Havocide
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#14
12 August, 2009, 10:10
Re: Just a quick UKARA/VCRA Question...
Originally posted by
rockinrobin
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Not a bad idea.
The only problem would be that some people would argue the toss about it, even when shown a copy of the act and the exemption.
If you wanted to sticky something regarding law, you would want to get a solicitor to give the correct answers.
If your quoting law explanations, they need to be correct.
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Caveira
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#15
12 August, 2009, 10:20
Re: Just a quick UKARA/VCRA Question...
The problem at the moment here is that there have been no clear test cases.
For example, an armed response unit a while ago confiscated a young child's toy gun because they said it was an IF and therefore illegal under the act. It was bright orange and the child, somewhere around 5 from memory, had clearly not bought it or any intention of using it in an anti social manner.
All there is is the act and the exemption. Add to that the firearms act (for those guns shooting over the power limit for airguns) and the rest is speculation regarding interpretation.
However, some things are clear, for example age limits, colours, definitions of IFs (remember all RIFs are a subset of IFs in the act and not a separate category) and penalties.
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