Is It Legal to Sell Airsoft Guns to the Uk

The Violent Crime Reduction Deed

This document is an explanation of the effect that the in a higher place Act volition have on the airsoft skirmishing community within the U.k. from the 1st of Oct 2007. Its author is not a lawyer and makes no claim to a consummate and irrefutable understanding of the law. If you have whatever concerns regarding legal problems, you should seek communication from a qualified practitioner.

The Government has granted airsoft skirmishers a Specific Defense force under Sect 36 of the Act, and the following explains how the UK airsoft industry aims to bargain with the new restrictions. Delight read this certificate carefully every bit the new offences are criminal and not civil and the penalties for contravening the Act are severe.

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

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

We would urge that those concerned, particularly 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 merely just released the draft of the defence.

Whilst in that location are likely to exist some further changes to the wording of the defence before October, the intention contained therein is clear enough to allow the states to at present offset preparing for the changes to come. More time would accept been nice, but nosotros work with what we accept.

The Headlines

From the 1st of October 2007 it volition exist illegal to sell, industry or import realistic faux firearms within the Uk.

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

A realistic imitation firearm is defined thus in the Act:

38 Meaning of "realistic imitation firearm"
(i) In sections 36 and 37 "realistic imitation firearm" means an imitation firearm which—
(a) has an appearance that is so realistic as to get in indistinguishable, for all applied purposes, from a real firearm; and
(b) is neither a de-activated firearm nor itself an antique.
(2) For the purposes of this department, an simulated 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 practiced;
(b) on a close test; or
(c) as a result of an attempt to load or to fire information technology.
(3) In determining for the purposes of this section whether an simulated firearm is distinguishable from a real firearm—
(a) the matters that must be taken into business relationship include whatever differences between the size, shape and principal color of the simulated firearm and the size, shape and colour in which the real firearm is manufactured; and
(b) the false is to be regarded every bit distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

The Statutory instrument entitled "arms and ammunition" which includes the Defense says the following most 'unrealistic imitation firearms'.

Simulated firearms which are to be regarded as unrealistic for a existent firearm
— For the purposes of section 38(3)(b) of the 2006 Deed, the size of an imitation firearm is to be regarded as unrealistic for a real firearm just if the simulated firearm has dimensions that are less than the dimensions specified in paragraph (two).
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 Human action, a colour is to exist regarded as unrealistic for a real firearm just if information technology is a color specified in paragraph (ii).
The colours specified in this paragraph are—
Vivid red.
Brilliant orange.
Bright yellow.
Bright green.
Bright blue.
Bright pink and
Brilliant purple.

This should exist read in conjunction with Section 38 of the Human action 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 xviii regardless of whether or non they were a registered skirmisher.

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

The main aim of Sections 36 – xl of the Act is to reduce the availability of imitation firearms within the Britain. The ABA, UKARA & UKASGB have successfully argued for a specific defence for airsoft skirmishing. This defence is for skirmishers only – it is not applicative to target shooters, collectors or to those with a passing attraction to realistic fake firearms. Therefore the main restriction is on the auction of realistic imitation firearms. You may legally proceed 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' power to purchase accessories, spares, replacement parts etc. It is the auction of complete guns that is affected. It is likely that a courtroom would view the assembling of component parts to produce a realistic false firearm as 'manufacture'. Information technology may well take the aforementioned view if a brightly coloured imitation firearm was painted to go far look more realistic.

The Specific Defence

The defence granted by the Home Secretary allows for the standing purchase of airsoft guns by those participating in, property or organising airsoft skirmishes.

It is understood that in order to abide by the defence force, the airsoft community within the U.k. will become cocky-regulating. It is therefore of the ultimate importance that everyone involved takes their responsibilities seriously. Failure to do so could, in the worst example, meet the defence being revoked.
There volition inevitably be cases where the Act will either exist contravened or ignored. Should any of u.s. exist aware of such instances, information technology 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 altitude themselves from those involved. Think – whatever breaches of the Act are not a simple 'trading standards' issue, they are a criminal act.

Sites

Sites are at the heart of the scheme, as just through membership of a legitimate airsoft site can an individual demonstrate their entitlement to the specific defence granted to airsoft skirmishers.

The Government has determined that a 'legitimate' site is one that holds 3rd-political party insurance. This is of import, because only members of a site or society with valid third party insurance tin merits to be "airsoft skirmishers" for the purposes of the defence.

Information technology is therefore vital that sites ensure that they have up-to-appointment third-party liability insurance earlier the 1st of October if they wish to register their members.

It is expected that in order to differentiate the casually interested from the committed airsoft skirmisher, that sites will maintain a minimum standard with regards to new players. UKARA will crave that whatever site applying to register under the scheme should ensure that a new entrant into airsoft should play a minimum of three times in a period of not less that two months before existence offered membership of a site. This is important, as the principal objective of the VCRA is to reduce the supply of imitation firearms within the United kingdom of great britain and northern ireland, and the defence force granted is aimed at assisting only legitimate skirmishers. Nosotros must there be, and be seen to exist, serious nigh our pastime and non willing to grant membership on a whim.

Nosotros would suggest that sites when granting membership in relation to the VCRA follow a standard form. They should record and obtain the following information.

Name
Address
Date of Birth
A Passport photo
A re-create of the players Passport/ Driving Licence
A copy of a utility nib.

Site membership cards should ideally contain a Passport sized photo.

Full general information or advice regarding sites can be sought from UKASGB (United Kingdom Airsoft Sites Governing Trunk).

Membership Cards

A universal grade of membership carte was discussed with the Abode Office and there is much to recommend it. Given the timescales we now find ourselves working to, it has proved impractical to implement such a organization in time for the Human activity coming fully into forcefulness. This does non prevent standing work being done to reach this, and the Government volition no doubt be sympathetic to the difficulties involved in introducing large-scale ID carte du jour schemes… Some sites are considering or implementing commercially bachelor menu schemes and these may well become more widespread over time. Ultimately it is a decision for individual sites to determine whether or not they wish to pursue this at present.

Retailers

Whatsoever retailer who wishes to sell airsoft guns will be legally obliged to demonstrate that they take taken reasonably practicable steps to ensure that the purchaser is entitled to ane of the exemptions or defences under the Act. UKARA (Great britain Airsoft Retailers Association) members have agreed to bide by a lawmaking of conduct, and have set upward a national scheme that will ensure that they come across this exam. Whatsoever retailer wishing to apply for membership should contact UKARA via their website. Every bit an system, UKARA is dedicated to providing specialist airsoft equipment to skirmishers and not all retailers volition be deemed suitable applicants for membership. Please see "Non UKARA Members" beneath should you fall into this category. Regardless of membership, anyone being granted access to the database for the purposes of trading in realistic imitation firearms will be contractually obliged to abide by the Code of Conduct.

UKARA Database

UKARA accept developed and funded a database to facilitate the continuing distance selling of airsoft guns. While not the only way to meet the restrictions of the Act, nosotros believe this is the most efficient way to tackle it. No actor can register direct with UKARA, every bit the players 'legitimacy' comes from site membership and nowhere else.

The UKARA scheme is to an extent paper-based. We are aware of the potential criticism this may occasion, but we were keenly aware that non all sites would accept the means or the desire to implement a fully digital membership organization past the 1st of October 2007. By designing the system as it is, a degree of flexibility is retained to allow maximum participation by the airsoft community.

How volition it piece of work?

Sites wishing have their players registered on the database must starting time register themselves with UKARA. They tin can download the necessary form from the UKARA website, or obtain it from a UKARA retailer. This should be completed & returned to any UKARA retailer with a re-create of their insurance document. In order to found a sites' bona fides UKARA reserves the right to request boosted information. The site will then be added to the sites register and this will allow members of that site to then exist added to the database.

UKARA will event a postage stamp to each registered site that they will utilise to stamp the players' form (run into below). This, along with an agreed signatory, will ensure that only valid players are entered onto the database.
For airsoft clubs, which exist to allow simply their members to play, further information may be required, for instance a copy of their Constitution and proof that they have permission to hold skirmishes on the country they use.
Sites or clubs who have registered to participate in this scheme will have their site name & contact details displayed on the UKARA website. Players volition therefore be able to establish which sites are participating in the scheme.

Participation in this scheme is not mandatory, and not registering does not foreclose a site from hosting perfectly legal airsoft skirmishes, nevertheless sites may deem registration advantageous equally it will enable their members to more easily prove their entitlement to the specific defence when purchasing airsoft guns.

How sites run a membership scheme is up to them, but if they wish to participate in the UKARA database scheme, they will need to utilise membership numbers which are in the format XXX12345 – three alpha characters followed by five numeric characters. The exact site-specific format should be agreed at time of registration.

Players who agree site membership.

Players wishing to accept their details entered on the database should obtain a form from either the UKARA website or from their local UKARA retailer. This should exist taken to the site at which they are a member where it will be filled in, signed & stamped. It should and then be returned to any UKARA retailer who will enter their details onto the database. Thereafter, whatsoever UKARA retailer who receives an guild for an airsoft gun from that player will be able to cross-check the database to establish that the private is entitled to purchase RIFs.

Histrion's detail will remain on the UKARA database for a flow of 365 days afterward outset entry. If no query is registered confronting a player on the database by the end of that period, they will be automatically removed from the database. This is to ensure that nosotros are non accused of allowing "lifetime" access to RIFs – the defence is for skirmishing – if you no longer skirmish you are no longer permitted to buy.

UKARA will levy no charges for any of the foregoing, however sites may charge for membership as they are going to incur additional overheads and responsibilities. That is a matter for them.

Altitude Selling

In some respects, this is the very reason for a national database. Without this, establishing that a potential customer is entitled to purchase could prove to be a long and tortuous process.

When a registered actor attempts to buy an airsoft gun, he or she will exist asked for their site membership number. Using this, along with the other data routinely provided (Name, accost etc) the retailer will be able to speedily and efficiently cheque the database to ostend that the private is indeed entitled to purchase under the terms of the defense force. In order to reduce fraudulent orders, it may exist necessary to only send airsoft guns to the accost specified in the player's membership details. For this reason, players should ensure that any changes in address details are notified to their site and through them to UKARA as quickly as possible.

Under 18s

While nosotros are sympathetic to the plight of younger players, at that place is no easy way around the restrictions contained in Section xl of the Act. It was originally hoped that under-18s could nominate a parent or adult who could buy on their behalf, still unless that person is themselves a registered skirmisher, such a scheme would be unworkable and illegal. Furthermore grave concerns must exist entertained about the legality of transferring an imitation firearm to a modest. The Act would not appear to prevent hiring or lending imitation firearms, only we would urge the greatest caution in this area.

Data Protection.

All information volition be held in accordance with the Data Protection Act. The histrion data requested will be the accented minimum necessary to allow a retailer to ensure they are dealing with a member of a legitimate skirmish site.
Your data will never be used for any purpose other than to confirm your right to avail yourself of the specific defence for airsoft skirmishers. Only the designers of the database have consummate access to it, and their actions are contractually divers. UKARA members can merely enter sites & players & request individual searches confronting that data. Each search is logged & given a unique reference number.

Non-UKARA members.

Nosotros cannot and will not create a airtight store within the UK; therefore non-UKARA members with a legitimate reason for accessing the database will be able to exercise so. They will have to approach UKARA and demonstrate good reason. They will be permitted access which will let only player searches, they will be contractually bound to adhere to the same code of conduct every bit UKARA members and a reasonable fee will be levied for this access, probably on an almanac ground.

2d Hand sales.

We appreciate the importance of these to the community. Any seller will exist obliged to ensure that the purchaser is entitled to the Defense earlier selling. Remember the offence created in the Act is the auction, manufacture or importing of a realistic imitation firearm. The precise mechanisms whereby 2d mitt sales are to be facilitated are still nether discussion. For instance, UKARA might make available to all major UK forums a log on which will allow them to perform the necessary check for their members. It may exist possible to allow players registered on the UKARA database a limited number of queries to enable person to person sales. Regardless of the 'how' all participants will exist required to excercise a responsible attitude and abide by any rules set up in place. Individual UKARA retailers are gratuitous to offer such a cheque every bit a service to their customers and information technology is upwardly to them whether or not they accuse for this.

Sales By Sites

Sales of airsoft guns by airsoft sites will be legal providing that the seller can demonstrate that the purchaser is entitled to avail themselves of the specific defence. Clearly if the sale is to a player registered at that site, that is a straightforward process, sales to visiting players may require more care. We would not necessarily suggest even so that all sites that sell airsoft guns should apply to join UKARA as this may non be an advisable or cost-effective choice.

Personal imports

This is an area that any scheme will struggle to address due to the complex nature of the relationships involved.

UKARA will carefully consider any approach from whatever courier company that wishes to offering a "clearing" service to its customer to facilitate personal importation of RIFs. This will be offered on a commercial footing. Nosotros may make available the ability to check players' details via the database to Her Majesty'due south Revenue & Customs (HMRC). It is unlikely however that HMRC will check private imports and no purchaser should count on this. HMRC are extremely busy and have higher priorities. You lot should therefore exist aware that whatsoever airsoft gun imported after 1st October might be subject to seizure & devastation.

Importation of Realistic Imitations by way of business

HMRC have expressed no particular concerns regarding the importation of realistic simulated firearms by businesses who can demonstrate that they are doing so specifically to supply those entitled to avail themselves of the specific defence – or to put it in slightly more lay terms, airsoft equipment retailers selling to skirmishers. The HMRC firearms team appear to be well versed in the details of the VCRA and a senior member of the squad involved in formulating policy has been directly involved in the discussions regarding the defense force.

Overseas retailers.

Retailers based outside the Uk will not be immune access to the database. This scheme is for the benefit of the Britain airsoft community. Oversees retailers take non helped Britain airsofters throughout the long period of consultation & representation and furthermore nosotros are concerned about possible security implications and corruption of the organisation from areas of the world where we might struggle to accomplish adequate legal redress. Since such abuse could compromise and possibly threaten the defence force itself, we deem the risk to outweigh any perceived benefits.

Useful Contacts:

UKARA world wide web.ukara.org.uk
UKASGB www.ukasbg.org.u.k.