by caaw on Sat Oct 03, 2009 9:04 pm
vcrb is the violent crime reduction bill.
Old post now instead of an act its been passed and is now a bill
Q: What is the VCRA?
A: It stands for Violent Crime Reduction Act and amongst many other things it includes a section banning the sale, manufacture or importing of Realistic Imitation Firearms. We use RIFs to play airsoft, so you cannot buy new airsoft guns unless you can use the specific defence which applies to airsoft skirmishers (see below). You will still be able to own the ones you have, and you can buy parts to maintain them without needing the defence.
Q: What is a RIF?
A: Realistic Imitation Firearm. This is something that clearly looks like a gun. If you take a RIF and paint it one of the following colours, then it becomes an unrealistic IF:
a)bright red;
b)bright orange;
c)bright yellow;
d)bright green;
e)bright pink;
f)bright purple; and,
g)bright blue.
Transparent guns are also IF's rather than RIFs.
Unrealistic IF's are still legal to sell import or manufacture if you (and the buyer when selling) over 18.
Q: What's an airsoft skirmisher then?
A: Someone who takes part in "the acting out of military or law enforcement scenarios for the purposes of recreation.", i.e. someone who takes their airsoft guns to a site with public liability insurance where airsoft games are played for the purposes of playing.
Q: How do I prove I'm a skirmisher in order to use the specific defence if I need to?
A: Neither the VCRA or the Regulations that cover this explain how you prove it - it's left up to us to figure that out (great eh?). The HO does mention site membership in it's guidelines to the VCRA, so I would recommend that you join your site's membership scheme (if they have one) and get a membership card. Some organizations (such as UKARA) are setting up databases that retailers can use to check that you're an airsoft skirmisher before they'll sell to you. This involves becoming a member of a site that's registered with them (Link to their list). Check UKARA's website for more information. For proving you're a skirmisher for importing, see below.
Q: I want to sell a RIF - how do I make sure I can use the defence when selling?
A: Well, you need to make sure you have a defence first. I'll assume you're selling to a skirmisher aged over 18 and take it from there. It is common for sellers here to ask for a UKARA or site membership number, but ask yourself: If I have these, what will I do with them? If you can check them, then do so - whether with the site or retailer. You'll also need to be sure the site has PLI of course (if they're listed on UKARA's site then of course they should have PLI - that's if you really want to trust your liberty to the accuracy of someone's website of course. Are you sure they've kept it up to date? Positive? Hope you're right!). Tricky, isn't it? There is an auction site that verifies whether buyers are UKARA registered or not (which means you should have a defence when selling to them), but again you need to be okay with trusting your individual liberty to their information.
In short, it's up to you to prove you have a defence to sell, and there is no single golden bullet answer to help you. Sorry.
Q: What have HMRC (Customs) said about importing?
A: Now this seems to vary, depending on who you speak to at customs - the one thing that's consistant is that they want proof you have a defence, though the level of proof varies. So far I've heard a few stories and I'll add more info as and when I hear it. In some cases, Customs have contacted the importer while in others it's been the other way around (some people are just impatient). In all cases so far, Customs have asked the importer to tell them what the importer intends to use them for. When the importer has stated that they intend to use them "for the enactment of military or law enforcement scenarios as permitted under the specific defence contained in the regulations to the Violent Crime Reduction Act" (or a similarly worded sentence) one of two things have happened:
1. Customs have said "Okay we'll clear it then"
2. Customs have asked for further proof.
In the cases where proof has been requested, a number of possible "proofs" have been suggested, again depending on who they've spoken to. They have mentioned the following, and sometimes asked for more than one (they basically want as much as you can give them in some cases):
A copy of your site's PLI certificate.
Copies of your disclaimer forms filled in on site.
A skirmisher diary, signed by the site - together with contact details for the site so they can check.
Receipts from the site.
Site Membership card
UKARA registration details (one customs officer thought they could check this, despite what UKARA have told me ("No they can't" they said)
So although there doesn't seem to be a uniform approach to "proof", they do at least accept that they need to ask for something. Gawd knows what they do with it, but at least they can say they've checked I suppose.
Now then: I'm told that at least a couple of people so far have faced an additional charge of £40-£45 for their items to be inspected by a firearms expert to prior to release for shipping.
Q: Can I still skirmish if I'm under 18?
A: Yes, the law is only to do with selling, manufacturing and importing RIFS. Using the ones you have is fine, so if you own 'em and the site lets you play, you're fine.
Q: Can I keep the guns I already own?
A: Yes.
Q: I'm a collector and I don't skirmish. Can I still buy RIFs after October 1st?
A: Nope. You will need to be an airsoft skirmisher or have another defence. Collecting is not a defence in itself. Sorry.
Q: What about second hand sales?
A: Same law applies. If you're selling, make sure the buyer is legit (and I'd recommend you keep a record of everything you used to make sure they were legit). If you're buying, make sure you're over 18 ('cos it's illegal to buy too if you're under 18).
Q: Are replica grenades RIFs too?
A: They're not replica firearms, so no.
Q: Can an adult give an imitation firearm to someone under 18 as a gift?
A: First, let's be absolutely clear what we mean here by a gift in this context. This is when an adult buys an initation firearm as a present or gift for an under 18 year old, and NOTHING IS GIVEN IN EXCHANGE. Anything else could very well be classed as buying/selling, so don't think for a moment that this is acceptable. Having said that, it is perfectly legal for someone to give an imitation firearm as a gift to an under 18 year old. The Home Office clarified this with the ABA.
Q: Does a trade (i.e. swapping a RIF for another RIF) count as selling?
A: Legally, yes - therefore the VCRA applies, and BOTH parties would need a defence to avoid prosecution.
When in doubt, empty the magazine.