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Is 'Trading' Legally the Same as 'Selling?'
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Longshot
Colonel
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#1
Is 'Trading' Legally the Same as 'Selling?'
9 May, 2014, 21:03
Bit of an odd one, but since it is illegal to sell a RIF what is the legal position on 'trading?'
If I were to swap a RIF with someone who had a RIF, in the full knowledge that they never played airsoft and never intended to, would this legally be considered the same as selling to them?
102nd Chairborne Rangers
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kc1990
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#2
9 May, 2014, 21:04
Re: Is 'Trading' Legally the Same as 'Selling?'
I think so, but if they already have an RIF I don't really see any harm in it.
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Pepperisit
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#3
9 May, 2014, 21:06
Re: Is 'Trading' Legally the Same as 'Selling?'
If you knew they had no defence then I would think you shouldn't trade with them.
But i'm sure the internet lawyers will be along soon and help more than I can (just my opinion)
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wildething
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#4
9 May, 2014, 21:10
Re: Is 'Trading' Legally the Same as 'Selling?'
A trade is a sale it's just using RIF as currency.
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BigAl
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#5
9 May, 2014, 21:11
Re: Is 'Trading' Legally the Same as 'Selling?'
By trading you are being paid for your gun with another, so yes it's covered by the VCRA and needs a defense.
The laptop is mightier than the pistol.
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Hunter512
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#6
9 May, 2014, 21:11
Re: Is 'Trading' Legally the Same as 'Selling?'
Erm I'd say no.
I have no formal legal training but I think this goes against the spirit of the law if not the word.
Originally posted by
tackle
For the haters who feel that bamf, & others, are picking on you, GROW THE FUCK UP, their actually trying to stop you destroying our sport or having even more draconian measures foisted upon us.
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BigAl
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#7
9 May, 2014, 21:17
Re: Is 'Trading' Legally the Same as 'Selling?'
It is legally classed as a sale if you gain anything in return for it.
The laptop is mightier than the pistol.
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Longshot
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#8
9 May, 2014, 21:19
Re: Is 'Trading' Legally the Same as 'Selling?'
Originally posted by
Pepperisit
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?.. i'm sure the internet lawyers will be along soon and help more than I can (just my opinion)
See that's the problem: I'm usually one of those annoying internet lawyers!
But then this situation came up and I don't know for sure where the law stands. I assume, as has been said, that 'selling' is exchanging any goods and services for other goods and services, but I'd be interested if anyone knows for sure (and could point me in the direction of some relevant legislation).
102nd Chairborne Rangers
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Longshot
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#9
9 May, 2014, 21:48
Re: Is 'Trading' Legally the Same as 'Selling?'
Someone on another forum whose opinion on legal matters I generally trust said:
Simple answer: yes, they're the same.
Long answer: When entering into a sale or trade, you're creating a contract. A contract is formed by two parties each paying the other 'consideration', this consideration can be any item of value to either party (there are other things that form a contract, but those aren't important).
So, in a normal sale, party A might offer a gun as consideration, and party B will offer currency. In a trade, the only difference is that party B changes what their consideration physically is to goods or services instead of currency.
Hope that makes sense...
Seems right to me!
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BigAl
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#10
9 May, 2014, 22:28
Re: Is 'Trading' Legally the Same as 'Selling?'
Above is bang on.
The laptop is mightier than the pistol.
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ScoobySnacks
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#11
9 May, 2014, 22:35
Re: Is 'Trading' Legally the Same as 'Selling?'
The answer is yes, in the eyes of the law, receiving ANY valuable consideration (whether it's another gun, cash, a blow job, replastering your lounge) in return for a RIF is classed as selling.
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