Who is in the wrong?

[The Fighting Mongoose]

Hi guys, me an my friend were having a "debait" in college today as part of my Politics & Law class and I wanted to check with all of you's first before I go to him tomorrow and say I was right all along, haha!

If a sellers sells a RIF to somebody who isn't UKARA registered and doesn't have proof that he is a frequent airsofter (We used Peter Fitzpatrick as an example), who is in the wrong and therefore who is punished?

I say the buyer was as he knew, he said the seller...
Or is it both?

Anyway, thanks guys.

[dave-yzf]

Re: Who is in the wrong?

Both I believe as you are not allowed to buy a RIF unless you have a valid defence.

But you are also not allowed to sell to some body with out a valid defence either.

To be honest though I think this is more for retailers as a private person selling an RIF is unlikely to get taken to court over it.

[jssmitty96]

Re: Who is in the wrong?

mainly seller im afraid but basicly both

[tomson2912882]

Re: Who is in the wrong?

mainly seller im afraid but basicly both

This is true.

Both are in the wrong, but the seller would be in the poo more so than the buyer as the seller has the control over wether the item is sold or not.

[Fil]

Re: Who is in the wrong?

I'm pretty certain it's just the seller who would be breaking the law. I can't find any reference in the VCRA to it being an offence to purchase a RIF if you are over 18. The offences are for selling, manufacturing or importing a RIF, or for modifying an IF into a RIF.

[da1994]

Re: Who is in the wrong?

It's just the seller, as say hypothetically the buyer may not know about the defences required to buy a RIF.

[BAMF]

Re: Who is in the wrong?

It is both, as in the eyes of the law, ignorance is no excuse.

[Fil]

Re: Who is in the wrong?

It is both, as in the eyes of the law, ignorance is no excuse.

And which bit of the law is the buyer breaking?

[mack]

Re: Who is in the wrong?

And which bit of the law is the buyer breaking?

buying a rif without a valid defence

[jssmitty96]

Re: Who is in the wrong?

well for a start he should know and reaserch what he is buying and what he is required to own the product

[Fil]

Re: Who is in the wrong?

buying a rif without a valid defence

I was hoping for something a little more specific, like the title and section of an actual piece of legislation.

[mack]

Re: Who is in the wrong?

I was hoping for something a little more specific, like the title and section of an actual piece of legislation.

VCRA
From the 1st of October 2007 it will be illegal to sell, manufacture or import realistic imitation firearms within the UK.

Furthermore, selling an imitation firearm to, or the purchase of an imitation firearm by, anyone under the age of 18 years is illegal under Section 40 of the Act. Contravening this is a criminal offence punishable by imprisonment, a fine or both. In blunt terms it will not be legal to sell imitation firearms (of which realistic imitation firearms should be seen as a sub-set) to anyone under 18.

UKARA Defence
The defence granted by the Home Secretary allows for the continuing purchase of airsoft guns by those participating in, holding or organising airsoft skirmishes.

It is understood that in order to abide by the defence, the airsoft community within the UK will become self-regulating. It is therefore of the ultimate importance that everyone involved takes their responsibilities seriously. Failure to do so could, in the worst case, see the defence being revoked.

[bravotwozero]

Re: Who is in the wrong?

So long as the buyer is over 18 then he's not breaking any laws.


It's the Seller who is liable.

[Fil]

Re: Who is in the wrong?

VCRA
From the 1st of October 2007 it will be illegal to sell, manufacture or import realistic imitation firearms within the UK.

Furthermore, selling an imitation firearm to, or the purchase of an imitation firearm by, anyone under the age of 18 years is illegal under Section 40 of the Act. Contravening this is a criminal offence punishable by imprisonment, a fine or both. In blunt terms it will not be legal to sell imitation firearms (of which realistic imitation firearms should be seen as a sub-set) to anyone under 18.

UKARA Defence
The defence granted by the Home Secretary allows for the continuing purchase of airsoft guns by those participating in, holding or organising airsoft skirmishes.

It is understood that in order to abide by the defence, the airsoft community within the UK will become self-regulating. It is therefore of the ultimate importance that everyone involved takes their responsibilities seriously. Failure to do so could, in the worst case, see the defence being revoked.

And where in any of that does it say it's an offence for someone over the age of 18 to purchase a RIF? With or without a defence?

[mack]

Re: Who is in the wrong?

VCRA
From the 1st of October 2007 it will be illegal to sell, manufacture or import realistic imitation firearms within the UK.

Furthermore, selling an imitation firearm to, or the purchase of an imitation firearm by, anyone under the age of 18 years is illegal under Section 40 of the Act. Contravening this is a criminal offence punishable by imprisonment, a fine or both. In blunt terms it will not be legal to sell imitation firearms (of which realistic imitation firearms should be seen as a sub-set) to anyone under 18.

UKARA Defence
The defence granted by the Home Secretary allows for the continuing purchase of airsoft guns by those participating in, holding or organising airsoft skirmishes.

It is understood that in order to abide by the defence, the airsoft community within the UK will become self-regulating. It is therefore of the ultimate importance that everyone involved takes their responsibilities seriously. Failure to do so could, in the worst case, see the defence being revoked.

did you not read it?