Airguns/airsoft guns/blank firing guns UKARA?

[Caveira]

Re: Airguns/airsoft guns/blank firing guns UKARA?

OK, time to clear up a few points.

It is illegal to sell an imitation firearm to anyone under-18 (VCRA).

It is illegal to sell a realistic imitation firearm to anyone (VCRA).

It is illegal to possess an imitation firearm in a public place without a valid reason(VCRA & Firearms Acts).

VCRA does allow certain defences, which airsofting is one of. If you can claim one of those defences then you can purchase/import/modify/manufacture. I always use the analogy of assault. If I punch you, then I may be prosecuted for affray. If you throw a punch at me and then I punch you, that's still affray but there is a defence which allows me to do it in self defence. So, even though I've still commited the offence, I cannot be prosecuted under the circumstances.

Blank firers will always be imitation firearms (if the correct size etc) and will be a RIF if they are also a realsitic colour.

Air guns are covered under the firearms act and defined in law as low powered firearms. Because they are already classed as firearms, they cannot also be imitation firearms (obvious when you think about it, no matter how anoying it is to airsofters!). They cannot be sold to you by a retailer who is not a registered firearms dealer.

An RFD can chose to class an airsoft gun as an air weapon if he/she chooses to, but they need to be able to justify that decision in court if prosecuted under VCRA for suppling an imitation firearm.

At the moment there is a guideline that ACPO use that says they will look at any weapon firing above 1J and consider if it may be classed as an air weapon. They recognise that not all weapons firing at 1J are capable of inflicting a "lethal injury" (the legal definition of where a gun becomes a firearm - including air weapons) and there is testing going on at the moment to come up with a more solid definition. I have been in touch with ACC Whiting (the chair of the ACPO firearms unit) on this subject and he will copy me in on the findings.

A valid reason for having an imitation firearm in a public place is, as said, a matter of discretion and common sense. BUT, you have to be able to prove that you have a reason, the police do not have to prove that you don't. This is an absolute offence, which means that innocent until proven guilty only applies in relation to the conviction itself. You WILL be convicted if you can't prove that the reason you give is valid and reasonable. The prosecution only need to show that your excuse isn't reasonable, not that you had any other illegal intentions; the burden of proof is reversed with offences like this one. If they can prove that you possessed it and were in public (which includes locked out of sight in your car boot etc), that is all that is needed for a conviction.

On a side note, I'd not suggest taking a blank firer to a game. You'd have no problems proving that an airsoft gun is needed to play airsoft, but you can play without a blank firer, so you could have trouble proving a valid reason.

[bobfish]

Re: Airguns/airsoft guns/blank firing guns UKARA?

(sorry this is a hell of a late reply)
but thank you for clearing that up, it has answered 100% of my questions