Spraying a two tone

[DECKTRON]

I am UKARA registered, and have sprayed my two tone gun, I mentioned this on my youtube channel and got this message.

Hi, I'm John, part of UKARA. I was looking at this video, when i had a look at the description i saw that you used a spray can on your gun. "Under section 36 of the V.C.R.A it is an illegal act to alter the appearance of two-tone/ "2-tone" weapon to make it appear like a RIF." RIF stands for Realistic imitation firearm, because of this you have committed a criminal offence. This means you can have the gun removed and a large fine to pay as well. Please close the youtube account. Kind Regards.

Is this true, if so why is he being so fussy? I own a lot of imitation fire arms and I have a good cause for them, I cannot get my head around this and doubt this guy is actually legit.

[jagillham]

Re: Spraying a two tone

If you have defence, you can manufacture

The important parts are...

36 Manufacture, import and sale of realistic imitation firearms

(1)A person is guilty of an offence if—

(a)he manufactures a realistic imitation firearm;
(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;
(c)he sells a realistic imitation firearm; or
(d)he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.

(2)Subsection (1) has effect subject to the defences in section 37.

(3)The Secretary of State may by regulations—
(a)provide for exceptions and exemptions from the offence under subsection (1); and
(b)provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

So yes, it is an offence, but then a defence is provided as spelt out in section 37....

37 Specific defences applying to the offence under s. 36

(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).

(2)Those purposes are—
(a)the purposes of a museum or gallery;
(b)the purposes of theatrical performances and of rehearsals for such performances;
(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);
(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);
(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;
(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

[Caveira]

Re: Spraying a two tone

Sorted.