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VCRA Bill Re - The Sale of Realistic Immitation Firearms
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Author:  admin [ Tue Nov 09, 2010 7:23 pm ]
Post subject:  VCRA Bill Re - The Sale of Realistic Immitation Firearms
The Violent Crime Reduction Act

This document is an explanation of the effect that the above Act will have on the airsoft skirmishing community within the UK from the 1st of October 2007. Its author is not a lawyer and makes no claim to a complete and irrefutable understanding of the law. If you have any concerns regarding legal issues, you should seek advice from a qualified practitioner.

The Government has granted airsoft skirmishers a Specific Defence under Sect 36 of the Act, and the following explains how the UK airsoft industry aims to deal with the new restrictions. Please read this document carefully as the new offences are criminal and not civil and the penalties for contravening the Act are severe.

Any reference to 'clubs' within this document should be taken to mean a properly constituted body that exists to facilitate airsoft skirmishing between its members. It does not include social, shooting or other clubs. The specific defence has been granted for airsoft skirmishing and not for any form of target shooting.

The schemes and procedures outlined in this document are the result of close cooperation between a number of bodies and individuals. Those responsible believe that they represent a workable solution to the Act, however time and experience will inevitably lead to changes and improvements.

We would urge that those concerned, especially airsoft sites within the UK, should take steps to prepare to the coming of the VCRA as a matter of urgency. Although this process has been on going for some two years or more, the Home Office has only just released the draft of the defence. Whilst there are likely to be some further changes to the wording of the defence before October, the intention contained therein is clear enough to allow us to now start preparing for the changes to come. More time would have been nice, but we work with what we have.

The Headlines

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.

A realistic imitation firearm is defined thus in the Act:

38 Meaning of “realistic imitation firearm”

(1) In sections 36 and 37 “realistic imitation firearm” means an imitation firearm which—

(a) has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

(b) is neither a de-activated firearm nor itself an antique.

(2) For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

(a) by an expert;

(b) on a close examination; or

(c) as a result of an attempt to load or to fire it.

(3) In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—

(a) the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

(b) the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

The Statutory instrument entitled “arms and ammunition” which includes the Defence says the following about ‘unrealistic imitation firearms’ Imitation firearms which are to be regarded as unrealistic for a real firearm

— For the purposes of section 38(3)(b) of the 2006 Act, the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in paragraph (2).

The dimensions specified in this paragraph are a height of 38 millimetres and a length of 70 millimetres.

— For the purposes of section 38(3)(b) of the 2006 Act, a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in paragraph (2).

The colours specified in this paragraph are—

bright red,
bright orange,
bright yellow,
bright green,
bright pink, and
bright purple.

This should be read in conjunction with Section 38 of the Act and is included for reference. It would be legal to sell an airsoft gun conforming to these specifications to a person over the age of 18 regardless of whether or not they were a registered skirmisher.

What is affected by the VCRA and why was it enacted?

The main aim of Sections 36 - 40 of the Act is to reduce the availability of imitation firearms within the UK. The ABA, UKARA & UKASGB have successfully argued for a specific defence for airsoft skirmishing. This defence is for skirmishers only - it is not applicable to target shooters, collectors or to those with a passing attraction to realistic imitation firearms. Therefore the main restriction is on the sale of realistic imitation firearms. You may legally keep any you own prior to the Act coming into force. The Act has no effect on skirmishing, nor has it any impact upon an individuals' ability to purchase accessories, spares, replacement parts etc. It is the sale of complete guns that is affected. It is likely that a court would view the assembling of component parts to produce a realistic imitation firearm as ‘manufacture’. It may well take the same view if a brightly coloured imitation firearm was painted to make it look more realistic.

The Specific 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.

There will inevitably be cases where the Act will either be contravened or ignored. Should any of us be aware of such instances, it is in our own interest to ensure that such acts are brought to the attention of the relevant bodies or authorities and that law-abiding airsofters distance themselves from those involved. Remember - any breaches of the Act are not a simple 'trading standards' issue, they are a criminal act.
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