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Who is the 'Importer?'
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Longshot
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#1
Who is the 'Importer?'
23 February, 2014, 09:27
Right, I was just chatting to someone on Facebook who was asking my advice about something and a scenario came up and I really wasn't sure how the law would see it.
His aunt from the US was offering to bring a RIF over for him. He has a UKARA membership, and thus has a legal defence to import, and was going to give her his number so she could say she was bringing it in for him.
However, I genuinely don't know how they would see this at customs. Would they say to his aunt: 'sure, he's the importer and you're just the delivery service (just like the postal company would be if he'd have had it posted)' or would they say: 'you're the importer, since it's in your possession, and you don't have a defence. Please come with us.'
Anybody have an idea?
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pacey
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#2
23 February, 2014, 10:15
Re: Who is the 'Importer?'
She has every right to enter with the RIF, if she has solely bought to gift to a relative then I don't believe she will be charged anything. IE its a birthday present.
If they suspect its brand new and she's bought it over to save postage etc then at worst she will be charged VAT on the the item entering the country. She will have to pay this before leaving customs.
But to clarify your question she at all times is the importer.
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Longshot
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#3
23 February, 2014, 14:55
Re: Who is the 'Importer?'
You say she has 'every right' to bring it in, but importing RIFs is illegal. Surely she's importing it regardless of whether it's a gift or not?
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call of legend
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#4
23 February, 2014, 15:37
Re: Who is the 'Importer?'
if shes flying its probably best to inform the company of her intentions and see where they stand on it
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Jez Armstrong
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#5
23 February, 2014, 16:28
Re: Who is the 'Importer?'
Why can't she say it's hers?
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call of legend
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#6
23 February, 2014, 16:32
Re: Who is the 'Importer?'
she could, she'd just have to make sure she informs the company that she is bringing it with her and that it is unloaded (normally have to sign a declaration)
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wildething
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#7
23 February, 2014, 17:02
Re: Who is the 'Importer?'
Thinking about it if she says it hers she doesn't have the right to import it as she has no valid defence to bring a RIF in to the country. I think it would need to be marked very clearly that gun is the OPs and that evidence of defence is present as well. then she would just be acting as courier.
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Jez Armstrong
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#8
23 February, 2014, 17:07
Re: Who is the 'Importer?'
But You don't need a valid defence to own a RIF in America and as you don't need a valid defence if you're being gifted a RIF...
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wildething
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#9
23 February, 2014, 17:10
Re: Who is the 'Importer?'
but she is bring it in from another country so shes importing a RIF doesn't matter if it's a gift.
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Longshot
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#10
23 February, 2014, 17:58
Re: Who is the 'Importer?'
^ see, that's my thinking.
Jez, I see your point of her saying it's hers, but by that logic she could also just post it to her UK address a few days before she comes over to the UK on holiday, since she owns it and is sending something she owns to herself. But then if customs stops it I really doubt they'd let it go if she told them: 'well it's mine and I'm from the US where I'm allowed it, so I should be allowed it here too. Give me it.'
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Muppetdaze
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#11
22 March, 2014, 21:45
Re: Who is the 'Importer?'
regardless of semantics, the importer is the person who causes the weapon to be imported, IE asks for it.
this would possibly result in a few prosecutions, god bless our customs service
after all why blame one person when your target figure can be hit by two people in the same incident?
after all she's not the importer if she's been asked to bring it, as long as that can be proven that she's merely the agent of such.
HOWEVER just get to know your local RFD, and get anything posted to them
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loki7491
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#12
22 March, 2014, 22:40
Re: Who is the 'Importer?'
Read the VCRA...... It is laid out very simply.
He, your Facebook buddy, is the importer.......
The offence is under section 36 (1) d. "Is the cause for an import"
His defence is his Airsoft eligibility, easily proved by his UKARA membership.
http://www.legislation.gov.uk/ukpga/...ation-firearms
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Longshot
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#13
23 March, 2014, 12:46
Re: Who is the 'Importer?'
Well that answers the general question of who is legally the importer, but what about the associated situation that was described.
By this definition of who the importer is does it not become the case that, since I'm on the UKARA database, I could send the money to buy a RIF to anybody in any country that sells them and they could just bring it into the UK without getting into any trouble if stopped whilst doing so? Literally all that would happen if customs found it in their baggage (or if they declared it) would be that they would be able to say: "don't worry, I'm not importing it, a guy I met on the Internet is. He PayPalled me the money and told me to ring it over for him. Here are some copies of our emails and here is his name, address and UKARA number." At which point customs officers should be able to check the details that had been provided as genuine and then say: "fair play. Just make sure you give it to him," and let him go?
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Longshot
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#14
23 March, 2014, 13:02
Re: Who is the 'Importer?'
Actually, having looked at the VCRA wording, section 36 (1) actually says someone is guilty of an offence if:
"(d) he
brings
a realistic imitation firearm into Great Britain
or
causes
one to be brought into Great Britain."
By my reading of that it would seem that the person who 'causes' the item to be imported and the person who physically 'brings' it in are both legally responsible.
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salazar
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#15
23 March, 2014, 13:56
Re: Who is the 'Importer?'
I think it would be fine, it is the end user who must have a defence and that person does, Airsoft player, UKARA registered, this is just a gift.
No doubt when customs see a gun in the suitcase they'll have her in for questioning anyway. my nan once spent 3 hours in customs because she bought me back a cap gun from Spain, it was silver and looked like those old guns used in cowboy films (this is going back 15 yrs
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23 March, 2014, 14:24
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