Police turned up at a private game...

[Viper Scout]

Re: Police turned up at a private game...

With any projectile, it is fall of shot that could be deemed as trespass. When out shooting for real, I must have permissions from landowners and neigbours.
If I can't gaurantee fall of shot then I don't pull the trigger. All this to consider and £10million insurance.
So, although innocent airsofting, all it takes is a disgruntled bod and the police are obliged to act.
As earlier post, good on the Police for seeing things as they were.

[ScoobySnacks]

Re: Police turned up at a private game...

I'm not sure on this one Viper. I know that for low powered air weapons, if your shot falls outside the boundary you have permission to shoot on then you are committing an offence, and for my FAC rifles it is stipulated that I may only shoot "on land over which I have permission to shoot" (paraphrasing my FAC conditions) but as an airsoft gun is not classed as a firearm (due to the low power levels) and so I'm not sure if this offence would stand.

Of course, if you manage to hit someone outside the boundaries on which you have permission to shoot, then you are likely to be committing an offence, and it's only common sense to make sure your shot does not fall outside these boundaries.

Stealth, you stated something about the fifty foot rule, which was entirely incorrect and misleading. The ASBU information talks about RIF's in public places. Your back garden is not a public place, even though there might be a right of way across it. It would be sensible to signpost the area stating shooting is in progress, and shooting people on the footpath is likely to get you in trouble, but it is not illegal to use airsoft guns on or around a footpath (I know, I shoot deer and rabbits in all sorts of places with footpaths, bridleways and even roads across them with no legal issues.

[Stealthkiller]

Re: Police turned up at a private game...

Not completely correct ,if you are in a council property or leasehold property some landlords / councils may have clauses in your tenancy agreement / contract , that forbids shooting anything in the back garden . If the house is owned by you , no issues , but some councils will use the antisocial behaviour laws and tenancy agreements to threaten you with eviction .
Its worth reading your tenancy terms beforehand just to be sure .

[Stealthkiller]

Re: Police turned up at a private game...

Using air weapon to resist or prevent arrest

life imprisonment and/or appropriate fine

Threatening others with an air weapon (even if unloaded) to cause them to fear unlawful violence

10 years imprisonmegnt and/or appropriate fine

Now, you'll notice that firing an air weapon within fifteen metres of a public highway, road or street, is a criminal offence. This means, in practice, that all Airsoft Skirmish sites must be well away - at least fifteen metres - off any public road, in order to prevent misunderstandings or errors in model velocity ratings. In addition, any form of trespassing with an Airsoft model could be construed as a criminal act under existing legislation, so Airsoft skirmish sites MUST have permission from the land owner, or lease holder, to operate on that land.

A small aside - While I've noted above the law regarding producing an Air Weapon in a public place, you could, instead, be prosecuted for producing an imitation firearm in a public place - the minimum penalty on conviction in a Crown Court is typically two years imprisonment - AGAIN I SAY: THINK BEFORE YOU MAKE A COSTLY MISTAKE!

While it's a potential minefield of trouble, don't be put off.

The Legal Status of Airsoft, and some sensible precautions

Therefore, with the above in mind, and under present legislation, the hobby sport is perfectly legal, provided that you take the proper and common sense precautions.

Ensure that the Airsoft model in your possession does not exceed the power limits for this type of model.
This can be accomplished with ease. Your regular Airsoft gaming site will have a device designed to measure the muzzle velocity of your Airsoft model (a chronograph) to hand.
Using a 0.2 gram 6mm Airsoft BB pellet, measure the muzzle velocity by firing a series of three to five single shots.
If any of the shots exceed the limit for the class of Airsoft model you possess, do not use it, and have an Airsoft model technician (the site should be able to recommend one) reduce the power level to a more appropriate level.
Do NOT show any form of Airsoft model in a public place (other than the shop where you bought it).
When transporting your Airsoft model, put it in a container that can be secured (such as a gun case), in an unloaded condition, safety switch (if fitted) on, and with the battery, if an AEG, or the gas supply, if a gas operated model, removed.
Keep the model, and any ammunition/power source, separate whilst in transit from your home, to the legitimate gaming site where you'll be playing.
A final note

Now, as to using an Airsoft model in a skirmish game environment. Strictly speaking, the offence of Actual Bodily Harm is committed by someone causing any injury of a trivial or minor nature (Section 47, Offences Against The Person Act, 1861).

However, since the introduction of paintball in the UK, it is generally accepted that a person taking part in a paintball skirmish game should expect that another person may fire, and hit him with ammunition fired from a paintball gun. This meaning has crossed over to the Airsoft Skirmish game, so you should have no problems whatsoever, as the principle is exactly the same.

I hope that this article has been of some help to you. Have fun, and be both legal and safe!

[ScoobySnacks]

Re: Police turned up at a private game...

Sorry Stealth, but can you show me exactly where it says it is specifically an offence to fire an air weapon within 50 feet of a highway?

I'm not sure how the above post is relevant to the discussion? We're not talking about resisting arrest, or even using or having RIF's in a public place. If you try to use a RIF to resist arrest, you are either monumentally stupid or suicidal. A life sentence would be a good outcome, rather than three 9mm slugs in your chest!

However, the OP was about using airsoft weapons IN A PRIVATE PLACE, so the above is mostly irrelevant!

[Kodiak212]

Re: Police turned up at a private game...

A final note

Now, as to using an Airsoft model in a skirmish game environment. Strictly speaking, the offence of Actual Bodily Harm is committed by someone causing any injury of a trivial or minor nature (Section 47, Offences Against The Person Act, 1861).

No.

This is from the CPS' own guidelines on what constitutes ABH

"Although any injury that is more than 'transient or trifling' can be classified as actual bodily harm, the appropriate charge will be one of Common Assault where no injury or injuries which are not serious occur.

In determining the seriousness of injury, relevant factors may include, for example, the fact that there has been significant medical intervention and/or permanent effects have resulted. But there may be other factors which are also relevant and these will need to be carefully considered when deciding whether or not the injuries are serious.

It should be borne in mind that Parliament created the offence of Common Assault specifically to cater for those assault cases in which the injuries caused are not serious."

Feel free to read this if you like.

http://http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a20

[Stealthkiller]

Re: Police turned up at a private game...

Read the precedent . Moore vs gooderman . A court case that set a precedent . For injury by air weopons
I can't link to the site I am on due to it having links to a few retailers .
Private land is only private if you own it . Council land including council premises requires the landowners permission to be used . Rarely enforced but can be .councils are tightening up on rules on tenancys given out nowadays as are leaseholders . , housing associations , .etc . Regarding pets , nuisance , and what you can and cannot do whilst renting their premises .

[Kodiak212]

Re: Police turned up at a private game...

That's case law relating to the legality of selling an air gun to a 17-year old, and they demonstrated potential lethality as it was capable of firing darts. I'm telling you what the definition of ABH is. Entirely separate things.

I will take you at your word on council tenancy agreements though. I haven't got the first idea what is in them.

[Stealthkiller]

Re: Police turned up at a private game...

You are here: Parliament home page > Parliamentary business > Publications and Records > Committee Publications > All Select Committee Publications > Commons Select Committees > Home Affairs > Home Affairs
Select Committee on Home Affairs Appendices to the Minutes of Evidence

APPENDIX 1

Memorandum by the Home Office
CONTROLS ON FIREARMS
Section
A Introduction: Government Policy on Firearms Matters
B Controls on Air Weapons
Definitions

Makes interesting reading with regards to definitions of what an Airsoft gun is classified as with regards to the law .

[Stealthkiller]

Re: Police turned up at a private game...

Off-Line References

The Firearms Act 1968 (available for view in the reference sections of all UK Public Libraries, and HMSO (for purchase by mail order))
On-Line References

Firearms (Amendment) Act 1988 (c.45)
Statutory Instrument 1993 No. 1490
The Firearms (Dangerous Air Weapons) (Amendment) Rules 1993
Firearms (Amendment) Act 1997 c. 5
Firearms (Amendment) (No. 2) Act 1997 c. 64
Home Affairs Select Committee - Second Report, printed 6th April 2000
Anti-social Behaviour Act 2003 (attention is drawn to sections 37 through 39, which apply to Airsoft models as well as Firearms)
Other Notes and References on Practical Airsoft

[Viper Scout]

Re: Police turned up at a private game...

Think you may need a chat with your firearms officer. 50'/15mtrs is the rule I go by and as reiterated by my F.O.

- - - Updated - - -

Think you may need a chat with your firearms officer. 50'/15mtrs is the rule I go by and as reiterated by my F.O.

[Coz]

Re: Police turned up at a private game...

Simple solution..If in doubt don't fire the gun at all.

@ op If your friend has a public footpath running through his property then its best to just save your games for an insured site

[ScoobySnacks]

Re: Police turned up at a private game...

Stealth. Yes, that's lots of legislation. Can you tell me the exact chapter/verse that defines the points you're making? I've read all of those, and don't remember seeing what you refer to. (oh, the 50 foot rule is actually set out in the Highways act, not any of the firearms acts, to give you an assist)

Viper, why would I need to talk to my FEO? As it happens, mine is very knowledgable on the law, but I know many who actually don't have a clue. I am well aware of the 50 foot rule, where it comes from and what the conditions are.

It's quite simple to see when someone comes on to a footpath. When they do, put the guns down and wait for them to pass. I see absolutely no reason why you shouldn't carry out a perfectly legal activity on your own land. The coppers in this case did a good job and got it spot on. Sadly it's often not the case.

I've been at the wrong end of an all too real MP5 on one occasion (actually four) whilst shooting perfectly legally, on private land with no public access for miles around. Somebody (obviously trespassing) had seen a bloke with a rifle and phoned the plod, who have to respond to calls of firearms.

Once they had checked my FAC and permission letters they were fine with it, and said they were off to talk to the reporter as they were obviously where they shouldn't have been and had ignored signs all over the entrances stating shooting was in progress, putting themselves in danger.

What I choose to do, legally, on land that is legally my own (or on which I have permission to carry out the activities), is entirely up to me! It matters not a jot if I have insurance, or if a footpath runs across the ground.