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Paintball and the law

Discussion in 'Talking Points' started by Tom, Jan 7, 2015.

  1. Tom Tom

    Tom
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    Every now and then the law gets discussed
    To put things in one place and as a spin off from another different thread please see some points in the posts below

    .... Discuss

    Anything I put here is my opinion and interpretation
    Appropriate links and quotes will be included
     
    Last edited: Jan 7, 2015
  2. Tom Tom

    Tom
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    I put some details into a different thread, and to minimize deviation am transferring it here
    The original post is at:
    http://p8ntballer-forums.com/thread...-own-megalomaniac.170431/page-52#post-1560728

    ukpsf had a clarification with the home office last year and publishing a letter with 2 possible exemptions from the vcra:

    1) home office / dpp / courts may accept 'frangible' from other acts and totaly exclude paintball from the VCRA therefore a magfed paintball gun would not be a RIF or IF
    (Basing the interpretation of a paintball gun as a firearm (therefore if it's a firearm then it's not an imitation firearm) and due to frangibilty and non lethal is not a licenced firearm

    2) membership of a scheme may classify magfed players as 'skirmishers' and therefore be an acceptable RIF defence under the vcra
    This would include but not exclusively be ukpsf membership
    Rap4uk, magfed command scheme memberships etc would also most likely be considered valid

    European travellers may therefore get a copy of the letter and carry their scheme membership details

    Another concern is if travelling through germany without an f stamp

    Scotland have introduced licencing to cover air weapons

    There is a full review being conducted on all firearms, air weapons, vcra and related asbo legislation in the UK so all is subject to change

    @rexy

    Note that I refer to the letter from the home office to the ukpsf
    I will get hold of it and add it up here

    The ukara was formed by the airsoft industry during the vcr bill as they liased at the time and secured the skirmisher defence. It is 'skirmisher' in the law and not the ukara.
    Ukara and its register forms the industries defence from prosecution to establish an individual's skirmisher defence to buy a RIF
    Ukara is not the only skirmisher scheme in UK airsoft

    It is equally not necessary for a scheme or club to have existed at the time of the legislation to qualify for the defence

    Rap4Uk were visited a number of years ago by a group of chief constables conducting a fact finding review
    No surprise that they considered rap4 guns were probably RIFs but they considered that due to the non expert requirement in vcra that every paintball gun in stock could be a RIF in someone's opinion and recommended rap4uk think of a defence - noting that the defence may not stand up in law
    Rap4uk then created a free membership scheme - join it on purchase or they would fit blue two tone parts
    Rap4uk were slated by the paintball industry and players - until they explained why
    More recently ukmagfed command established themselves with one of the aims of a defence for magfed players

    Non frangible - my mistake with a typo
    Non frangible would definatley not help!
    I've corected the above
    Frangible is an element which exempts paintball from some firearms and air weapon law. In the home office/ukpsf letter the home office has given that as a potential factor. This was the first time that was brought up to exempt from vcra
    (Remember vcra was intended as a bit of an anti chav law)

    The point on opinion on how a paintball gun can easily look like a real gun to anyone is spot on
    Unless it is coloured as specified in the vcra then the definition of a RIF is what anyone thinks is real
    By the word of law that pretty much means you could be brought to court and a judge decides it's not a RIF, but the fact someone thought it was real then legaly means it was a RIF
    No longer innocent until proven guilty but guilty even if proven innocent
    That is one of the points of the review to follow
     
    Last edited: Jan 7, 2015
  3. Tom Tom

    Tom
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    A quick addendum, I knew I would miss something

    The Crime & Security Act 2010 adds an offence if anyone under 18 has access to your property and you fail to reasonably secure air weapons
    For the purposes of this act, it is assumed that it applies to paintball
    You don't need secure gun cabinets, it can be any method of securing such as a locked cupboard, a box, a lock on your gearbag etc

    This was brought into place following incidents which included a child's death with their parents air gun

    If a minor gets your paintball gun then you are liable for its security and the offence carries a fine up to £1000



    https://www.gov.uk/government/uploa...ta/file/117804/air-weapons-safety-leaflet.pdf
     
    Last edited: Jun 1, 2015
  4. Tom Tom

    Tom
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    Ukpsf and the home office on the potential exemption of paintball from the vcra and RIFs

    (Based on paintball being considers a firearm under parts of law and therefore not an imitation)

    https://m.facebook.com/UKPSF/posts/532643633518379

     
    Last edited: Jan 7, 2015
  5. Tom Tom

    Tom
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    Scotland:

    Scotland have had a pretty bad time with paintball ever since it began
    We have paintball in the UK where it is today because of the struggle of those original sites being busted for firearms offenses because they used co2 and paintball was therefore illegal

    In England the police turned a blind eye to the use of co2

    Paintball guns are airguns (throughout the UK) even when they are co2 because of what they went through

    But the latest for the Scots is firearms licencing, and this counts for visitors as well



    http://basc.org.uk/basc-scotland/airgun-licensing-in-scotland-frequently-asked-questions/


    http://www.scotland.gov.uk/Topics/Justice/policies/reducing-crime/reducing-violence
     
    Last edited: Jan 7, 2015
  6. Tom Tom

    Tom
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    Everything is now subject to review:
    http://lawcommission.justice.gov.uk/areas/firearms.htm



     
    Last edited: Jan 7, 2015
  7. Tom Tom

    Tom
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    .... Open to all now ....
    Please discuss
     
  8. Spikerz Well-Known Member

    Spikerz
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    It's interesting to see other countries who don't have as liberal of a firearms policy as the US, and how they deal with Paintball, and even Airsoft.

    In Ireland, there's talk that we may need firearms licenses in order to own a paintball gun. Which is utterly mind boggling to me.

    In the UK are there any forms of license that are needed?
     
  9. Dusty Don't run, you'll only die tired....

    Dusty
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    Northern Ireland has its own firearms laws and paintball markers require a full FAC to own. You can obviously buy a marker over the internet and have it delivere but if you're caught with a marker and no FAC then you're in for a spot of bother.

    Very few people here have an FAC for their markers, I do actually through the rental site we own.
     
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  10. Spikerz Well-Known Member

    Spikerz
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    Interesting! So the Republic, has the 1 Joule law. Roughly 328fps? But paintball guns can go lower...or higher, so I guess they have to just be set at 300 fps or lower and it should be ok to own? It's a weird grey area, unless it's talking about the overall capability of the paintball gun, which would then make it a firearm and need the certificate.

    It's really annoying actually. Lovely country, weird views on what constitutes a firearm.
     

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