Interpreting the Law

[balaclava ben]

Hello there,
As a young airsofter I have always found the new VCRA a bit of a pain but I understand how we are actually very lucky to have it in place rather than having all airsoft guns simply banned. What I have difficulty in understanding is the law surrounding buying airsoft guns. I read on the armory of wolves website once that their interpretation was that anyone over 18 could purchase an airsoft gun in person so long as they could prove that they were regular airsofters, another skirmishing site I've been to allows young airsofters (under 18) to get a junior membership and then buy guns with their parents present (with their consent as well), and there was even one shop that sold me a pistol whilst being 16 and having no license number. I have two RIFS that I had from before the VCRA was brought in, which I use and apart from the pistol mentioned I borrow my friends guns. My question is what IS the law concerning purchasing RIFS as from what I have experienced there seems to be a very varied interpretation.
Thanks
BB

[acheekymonkeyuk]

Re: Interpreting the Law

the VCRA is about the selling of rifs, if a shop sells to you and your not over 18 and able to prove a "defence" they are breaking the law

The VCRA act is nothing to do with owning RIFs, its about selling them

[No1_sonuk]

Re: Interpreting the Law

If you are under 18 it is illegal for anyone to sell an Imitation Firearm to you, whether it's realistic or not. If it's your money, the seller broke the law.

If it's your parents' money, that's when things get fuzzy. By strict interpretation, they could only buy an IF (e.g. 2-tone) if they're not registered or have other mitigation in their own right. It is the seller's responsibility to determine if they have a defence for selling to anyone.
They MIGHT determine that in selling an RIF to your parents, your junior membership gives them that defence. However, that's not really the way the law is written, and it'd take a court case to clarify that interpretation.

[jagillham]

Re: Interpreting the Law

Unfortunately some retailers/sellers are short-sighted and would rather take a quick profit now rather than ensure airsoft continues in this country in the future.

The main points are since October 2007...

- Only over 18's can be sold any airsoft weapons (this includes two tones and realistic)
- Only "regular skirmishers" can be sold realistic airsoft weapons
- Only over 18's with valid defence can manufacture a realistic weapon

This is very clear cut.

The interpretation comes about because the VCRA only covers SELLING.

The main form of what I could call "bending the rules" is

- Over 18 (usually parent) buys a two tone, and then gives it as a gift (ie, no money or reward exchanged)

The definition of regular skirmisher is not clear, and would have to be proven if ever a case got to court. In order to help prove you are a regular to a shop, most will make you sign up to their own scheme called UKARA. This helps them know from sites if you are over 18 and a regular. They define regular as playing 3 times or more in more than 2 months. Although UKARA is not required by law, most shops won't sell to you without it as it is the easiest way to prove you are entitled to be sold to legally.

Basically the 'purpose' of the law was to keep "BB guns" from under 18's and ban "realistic weapons" from the public. Certain groups like airsofts, re-enactors and performers have a defence to the law at the moment.

But the more we push our luck by trying to bypass the laws, the more likely they will be reviewed and further restrictions brought into place to make the 'purpose' of the law be fulfilled.

[Ominous Slayer]

Re: Interpreting the Law

Unfortunately some retailers/sellers are short-sighted and would rather take a quick profit now rather than ensure airsoft continues in this country in the future.

The main points are since October 2007...

- Only over 18's can be sold any airsoft weapons (this includes two tones and realistic)
- Only "regular skirmishers" can be sold realistic airsoft weapons
- Only over 18's with valid defence can manufacture a realistic weapon

This is very clear cut.

The interpretation comes about because the VCRA only covers SELLING.

The main form of what I could call "bending the rules" is

- Over 18 (usually parent) buys a two tone, and then gives it as a gift (ie, no money or reward exchanged)

The definition of regular skirmisher is not clear, and would have to be proven if ever a case got to court. In order to help prove you are a regular to a shop, most will make you sign up to their own scheme called UKARA. This helps them know from sites if you are over 18 and a regular. They define regular as playing 3 times or more in more than 2 months. Although UKARA is not required by law, most shops won't sell to you without it as it is the easiest way to prove you are entitled to be sold to legally.

+ 1

[Havocide]

Re: Interpreting the Law

If you are under 18 it is illegal for anyone to sell an Imitation Firearm to you, whether it's realistic or not. If it's your money, the seller broke the law.

If it's your parents' money, that's when things get fuzzy. By strict interpretation, they could only buy an IF (e.g. 2-tone) if they're not registered or have other mitigation in their own right. It is the seller's responsibility to determine if they have a defence for selling to anyone.
They MIGHT determine that in selling an RIF to your parents, your junior membership gives them that defence. However, that's not really the way the law is written, and it'd take a court case to clarify that interpretation.

The law is clear on this actually. To purchase you must be over 18 and be able to prove a defence, As per Jag's messsage.

I quote from RockinRobin in one of the AOBA threads.

It is illegal! The law says that a RIF can only be sold to a regular player, so if the parent is not a regular player, then regardless of the junior member being a regular player, the parent cannot be sold a RIF. Equally, despite being a regular player, nobody should sell the junior member a RIF, or an IF, as they are under the legal age to buy them. The only way this would stay within the law is if the parent is also a regular player, who can legally be sold a RIF, who then gives the gun to the junior player (but, this is a grey area, see below).

http://zeroin.co.uk/showpost.php?p=370462&postcount=4

The Home Office have also made it very clear that any Site/Retailer doing this should stop.

[wildething]

Re: Interpreting the Law

" Only over 18's with valid defence can manufacture a realistic weapon "
going to dispute that one a under 18 can manufacture a rif if the have a valid site membership. manufacturing a rif can be as simple as spraying a two tone black someone bought an under 18 it.

[Abbadon101]

Re: Interpreting the Law

" Only over 18's with valid defence can manufacture a realistic weapon "
going to dispute that one a under 18 can manufacture a rif if the have a valid site membership. manufacturing a rif can be as simple as spraying a two tone black someone bought an under 18 it.

I am not sure that is correct. I would check that one if I were you.

[balaclava ben]

Re: Interpreting the Law

So I am 16, if I have a valid defence (site membership) an airsofting friend can buy a RIF for me as he is a regualar airsofter and is over 18 and then "loan" it to me, you could he even "gift" it to me? Thank you all for your thoughts, anymore would be very welcome.
Thanks
BB

[jagillham]

Re: Interpreting the Law

He could indeed loan or give you it. But you can't give him any reward for that.

That includes....

"Oh here is a airsoft weapon for your birthday"
"Thanks, here is that £150 I owe you, wink wink".

So unless you have a very generous friend - still not a legal sale.