Manufacturer VCRA Defence

[gbm]

I have searched quite a bit, but can't find anything that relates to my question.

The VCR act provides for a valid defence in relation to various activities and almost all forums are awash with questions around how a skirmisher can acquire a RIF which usually ends in the whole UKARA/site membership answer.

One of the provisions set out in the act is that the manufacture or sale of RIFs is allowed if the ultimate purpose is to provide a RIF to someone who is participating in the activities for which there is a valid defence - I.e. A retailer, or individual, may sell a RIF to a valid skirmisher.

Or another scenario, if a person "manufactured" a RIF from parts acquired from distributors or other entities with the ultimate aim of selling the complete RIF to a re-enactment member, my interpretation is that it is perfectly legal to do so, if that member belongs to a re-enactment society that has public liability insurance.

So my question is slightly different...

What would constitute a valid defence for the "manufacturer" in the above example? He would not need to be a skirmisher, so no site membership or UKARA number needed. How would he go about purchasing the parts then?

In many cases, when building items to sell, there is no promise of a buyer - you merely have the intent to sell. Take a PC builder as an example. He buys all the bits from various distributors and builds a complete computer to then sell. But he would not necessarily have a buyer before building, unless he built to order.

If the individual were to import parts which were subsequently held at customs, what would he need to provide as a valid defence?

If any of you have a retail business that either sells or manufactures RIFs, what do you use as a valid defence?

Graham

[No1_sonuk]

Re: Manufacturer VCRA Defence

Delivery to an airsoft business address would be valid...

[Cerbo Knight]

Re: Manufacturer VCRA Defence

You must have a valid defence to manufacture a RIF, so unless you're a registered retailer (I believe you can register with UKARA, don't quote me on this) you cannot import or manufacture a RIF.

Or so I'm told. Don't quote me on any of that, because I'm very liable to be wrong.

[Caveira]

Re: Manufacturer VCRA Defence

You must have a valid defence to manufacture a RIF, so unless you're a registered retailer (I believe you can register with UKARA, don't quote me on this) you cannot import or manufacture a RIF.

Or so I'm told. Don't quote me on any of that, because I'm very liable to be wrong.

Cerbo, not all retailers are registered.


It's simply a question of proving to UKBA/HMRC that they will be sold correctly. The exact wording in the act is:

"(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)."

[mart]

Re: Manufacturer VCRA Defence

If you want to manufacturer and sell you will need to become a RFD.

[Caveira]

Re: Manufacturer VCRA Defence

If you want to manufacturer and sell you will need to become a RFD.

Why?

You need to be an RFD to sell firearms, not airsoft guns. High powered spring guns can push into airgun territory, so need an RFD licence, but a simple downgrade would solve that problem.

There's nothing in the Firearms Act that says this and the defence is clearly set out in VCRA and makes NO mention of RFD status.

[mart]

Re: Manufacturer VCRA Defence

I posted that response because thats what i had to do.
About 6 months before the vcra became law i opened an airsoft shop and had plans for a range of custom guns to be manufactured.A few days after the act became law i had a visit from my local feo saying if i wanted to continue trading i would have to become an rfd.I ended up speaking to the head of the firearms in my area and he confirmed it and thats what i ended up doing.

mart

[Caveira]

Re: Manufacturer VCRA Defence

That was a very strange time for airsoft retailers. Lots of people were stopping selling as they didn't know what would happen and there were quite a few arrests and seizures before the various forces/HMRC decided they were legal after all. HMRC initially decided, for example, that any full auto AEG was a section 5 firearm as airsoft guns are airguns. That didn't last too long.

The Association of Chief Police Officers handbook on VCRA states that they aren't firearms.

[North West Outpost]

Re: Manufacturer VCRA Defence

I upgrade quite a few AEG's and have spoken to ...or rather had them speak to me one morning 6 armed officers, never been so busy at 09:00 befor...lol.

After a few minutes disscussing things they were fine, explained what I did and where showed them the aeg's we use, outfits we wear. Pyro etc etc, They were fine knew nothing about the VCRA or defences had to radio back to the station. They had never heard of Airsoft.

When I explained some of the guns we use can hit a man size target at close to 100m, one of them turned to his mate and said....He couldn't...lol.

[ThatblokewiththeScar.]

Re: Manufacturer VCRA Defence

The Association of Chief Police Officers handbook on VCRA states that they aren't firearms.

Now that would be a useful book to own. Amazon?

[Caveira]

Re: Manufacturer VCRA Defence

Now that would be a useful book to own. Amazon?

You can get it from them if you ask really nicely

[ThatblokewiththeScar.]

Re: Manufacturer VCRA Defence

You can get it from them if you ask really nicely

Pwease may I haff a copy of you magical secwete handy books pweaseeeee

(Dont mention the Masons)

[MUCKYMICK]

Re: Manufacturer VCRA Defence

I import lot's of airsoft part's and my last order from hk was a valve knocker and 150 recoil spring set for a maruzen p99 compact .custom's stopped them and insisted i need to be a member of an insured airsoft site that is reconised by ukara in order for me to be able to import these airsoft part's.
This confused me a lot and i tried to explain that ukara is a scheme run by uk retailer and is only a work around for them to comply with current UK home office guidelines and/or the vcra act, but i was told by custom's unless i can provide proof that i was a member of an insured airsoft site and that site was reconised by ukara then the part's would be siezed and destroyed.This was easy for me to prove as i own the site that i am a member of and direct custom's to the ukara website were they could clearly see that me site is reconised game site.
I'm not 100% sure that i understand how this all work's but i'm pretty sure that what custom's force me to prove is not correct within the current Uk home office guidelines.

I have also had about 5 visit's from armed response to my home address normally because the local chav's like to call the police and tell them they have seen a man with a gun near were i live ,the police are fairly well clued up on the whole airsoft thing and the vcra act and how it all work's so i never get any hassle from them ,they told me unless i do some thing stupid with them like threaten some one or go out side with one then their is nothing for them to get involved with as far as they were conserned importing part's and the legality of it was down to custom's who clearly seem to be making it up as the go along.

[ThatblokewiththeScar.]

Re: Manufacturer VCRA Defence

Customs hold on to the UKARA thing because it's an easy reference for them. Do you have a UKARA number? No? Into the crusher then.

Essentially they can not take a piss without a written procedure for it! and trying to interpret whether you or I can legally own something that has yet to be fully described and tested in law is a rabbit hole they cant be arsed to go down.

Join UKARA, UKAPU Your local site! Buy your own third party insurance! Register as a Firearms dealer! Join the Marines or pronounce yourself the Son of God! But if it's not on the list it ain't coming in... :D

[MUCKYMICK]

Re: Manufacturer VCRA Defence

just goes to show you how badly run the Uk is when the organisation that are their to run or police the country can't be bothered to learn the correct procedure or law that applies to some thing the home office has asked them to enforce.