What is UKARA (and more importantly, what ISN'T it)

[ScoobySnacks]

I keep seeing references on here to people "getting their licence" or "getting their defence". I think there is a great deal of mis-information and misunderstanding of what is required to purchase a realistic imitation firearm, and what exactly UKARA is.

So the basics.

The Violent Crime Reduction Act (heretofore known as the VCRA) made it an offence to sell any realistic imitation firearm (RIF). This is an absolute offence, for which there are some pretty specific defences.

So first point to note. It is THE SELLER who is guilty of an offence in the sale of a RIF. It is not an offence to possess a RIF. It is not an offence to buy a RIF. The person who commits an offence which requires a defence is the SELLER!

So, I mentioned there "a defence". This is the little bit of law that allows people to buy RIF's without the seller committing an offence.

There are several defences, which are laid down in the legislation. (If anyone wants me to quote chapter and verse I can)

For someone to sell you an RIF, and not be prosecuted for an offence under the VCRA, they need to be satisfied that you can provide them with a defence against such prosectuion. Note that they will still technically still be committing an offence, but that they have a defence against prosecution.

So there are several defences. The one that we'll want to look at here is what we would call the skirmishers defence. This requires that the person who is purchasing the RIF can show that they are regularly involved in the use of RIF's at events where public liability insurance is in effect.

So consider the case of the person who uses the RIF only for playing with a few friends on his own land. He would not be able to offer the retailer a defence and so the retailer should not sell to him (if he values his business and freedom that is).

Now if he plays at the local airsoft site, which carries public liability insurance, and the retailer (or private seller, this applies equally to ANYONE selling a RIF) can in some way contact the site and ascertain that the person does actually regularly play there, then the defence is "proven" and the retailer can sell relatively safely.

Of course, the seller needs to keep records of such checks, in order to be able to prove they had reasonable grounds to believe the person was a genuine skirmisher and to prove their defence. If the seller does not record such searches then they are at risk.

Now we come on to UKARA.

UKARA stands for the UK Airsoft Retailers Association. It is a TRADE BODY. It has no statutory or regulatory power. It cannot issue any kind of licence.

All that the UKARA registration offers is an easy, quick and readily recorded method for retailers to check that a person offers them a valid defence.

It is not the only way to prove such a defence, but the online database allows for quick, easy checking of your credentials.

You do NOT need UKARA (or any other form of defence) to OWN, KEEP, TRANSPORT or USE a RIF. If anyone tells you you do then they have either misunderstood, or are trying to pull some sort of fast one.

You do NOT need UKARA to PURCHASE a RIF.

You cannot commit an offence by purchasing a RIF.

Please don't think I have a problem with UKARA. I am registered with UKARA, and have found it useful. It allows retailers, especially online retailers, to carry out checks quickly and efficiently, thus minimizing the cost and waiting time. It should also allow people to readily check for private sales, though it appears the website to check doesn't seem to work (well, it doesn't show my registration, even though I have checked with various retailers and it comes up when they interrogate the system)

I just think it's important for people to fully understand their rights/responsibilities in terms of purchasing RIF's.

Note also that a retailer is well within their rights to refuse to sell you a RIF, whether you have UKARA registration, or can prove all kinds of site membership. It is up to them to decide what is sufficient evidence for THEM!

Sorry for the rambling post, I hope some of it is useful!

[Genista]

Re: What is UKARA (and more importantly, what ISN'T it)

Ah, a topic that often needs re visiting.

[ScoobySnacks]

Re: What is UKARA (and more importantly, what ISN'T it)

Genista, I have seen so much mis-information and misunderstanding I thought the above might clarify things a bit for people. I expect we'll see the exact same errors of assumption and misunderstandings again and again, but I've tried!

[a_flea]

Re: What is UKARA (and more importantly, what ISN'T it)

Uh oh... Could be useful as a locked sticky, is potentially dangerous as an open thread...

[salazar]

Re: What is UKARA (and more importantly, what ISN'T it)

Good point but the top and bottom of it is that if I want to go online and buy a rif, they'll want to know I am registered with UKARA, they won't take my word that I play at a site and I very much doubt they will want to be bothered contacting the site I play at to prove that I do indeed play there.

I suppose what you are saying does matter to people who buy a two tone and spray it. The shop won't have sold a rif and you as the owner will not be in trouble for owning a rif, providing you're not not doing anything stupid like shooting your neighbours dog

[javaoverride]

Re: What is UKARA (and more importantly, what ISN'T it)

Good point but the top and bottom of it is that if I want to go online and buy a rif, they'll want to know I am registered with UKARA, they won't take my word that I play at a site and I very much doubt they will want to be bothered contacting the site I play at to prove that I do indeed play there.

I suppose what you are saying does matter to people who buy a two tone and spray it. The shop won't have sold a rif and you as the owner will not be in trouble for owning a rif, providing you're not not doing anything stupid like shooting your neighbours dog

altering a twotone to make it more realistic ie spraying it black is an offence

[dave38x]

Re: What is UKARA (and more importantly, what ISN'T it)

what Java said - manufacturing and importing are also both illegal without defence.

[Sidewinderforge]

Re: What is UKARA (and more importantly, what ISN'T it)

So you don't need to actually be a member of a site, just be able to prove to the person selling that you play there?

SAS

[ScoobySnacks]

Re: What is UKARA (and more importantly, what ISN'T it)

Salazar. If you, the customer, is wanting to spend some of your hard earned on a RIF, but for some reason don't or can't have UKARA (some people don't liv3 anywhere near a registered site for example) then I would expect any retailer that wanted to keep their business going to make the effort to contact the site and check. If they don't want to, fine, my money would go elsewhere!

Don't forget that you are the customer. Without you, they have no business. Of course you can't expect them to do anything contrary to legislation, but a little effort to make the sale, yes, I think that should be expected. Even the online retailers should be able to check your credentials without UKARA. If they won't accept any other defence then go elsewhere!

I deliberately left "manufacturing" and "importing" out, to try and prevent confusion.

Yes, you CAN commit an offence by altering an IF to make it a RIF (for example by spraying, or by replacing brightly coloured parts with readily available black parts). You can also commit an offence by importing a RIF without a defence. The offence is the same as selling a RIF to someone who does not fall under one of the allowed categories. However, the defences are the same. If you play regularly at an insured site, whether it's UKARA or not, you can claim a defence. In the case of importing, it is also a defence to show that you are importing the item for sale by business for the permitted uses.

Do you need to be a "member" of a site? Well, no, I guess not, as long as the owner/manager/bloke that the shop gets on the phone knows your name and can vouch for you playing regularly. If you are a member, there will be a record of your name and address (if their record system is worth a damn) which they will be able to check as evidence of your "skirmishers defence". Being a member will make it easier for you, and the shop.