There are currently certain restrictions on the possession of airsoft replicas, which came in with the introduction of the ASBA (Anti-Social Behaviour Act 2003) Amendments, prohibiting the possession of any firearms replica in a public place without good cause (to be concealed in a hard gun case or sealed container only not to be left in view of public at any time). The prohibition of self-contained gas cartridge firearms similar to that made by Brocock can arguably apply to Moscarts and BB-Shower grenade systems. However, a formal case precedent has yet to be set.
There were initial concerns among the airsoft community that the Violent Crime Reduction Bill (passed an Act in November 2006) would in future prevent airsoft skirmishers from buying realistic imitation firearms. However, on 20 September 2006, the Association of British Airsofters (ABA) received a letter from Tony McNulty (Minister of State for Security, Counter-Terrorism, Crime and Policing at the Home Office) saying that he has "decided to provide a defence for airsoft skirmishing in relation to the ban on the sale etc. of realistic firearms." There has been confirmation that airsoft will receive an exemption. This letter is viewable to all at Airsoft International online.
According to Section 36 of the VCRA (Violent Crim Reduction Act), which came into effect on 1 October 2007, RIF's (Realistic Imitation Firearms) may not be sold, imported or manufactured.
Unrealistic imitation firearms (IF's) must be more than 50% bright red, bright orange, bright yellow, bright blue, bright green, bright pink or bright purple or have dimensions of no more than a height of 38 millimetres and a length of 70 millimetres (as defined in the Home Office regulations for the VCRA). Defences to the act are available for the following:
- a museum or gallery
- theatrical performances and rehearsals of such performances
- the production of films and television programmes
- the organisation and holding of historical re-enactments
- crown servants.
The notes for the VCRA state the following: "The regulations provide for two new defences. The first is for the organisation and holding of airsoft skirmishing. This is defined by reference to "permitted activities" and the defence applies only where third party liability insurance is held in respect of the activities." and "The defence for airsoft skirmishing can apply to individual players because their purchase of realistic imitation firearms for this purpose is considered part of the "holding" of a skirmishing event."
The airsoft defence is based on whether or not a person is a skirmisher. One of the measures put in place by retailers was the forming of a centrally recorded and maintained database. This system is managed by the United Kingdom Airsoft Retailers Association or
UKARA (Founding members of this organisation were Airsoft Armouries, Airsoft World Ltd, Firesupport Ltd., Ironfoot Industries, RedWolf Airsoft (UK) Ltd., Wolf Armouries, Zeroone Airsoft and J.D. Airsoft Ltd.) UKARA shares the database of registered skirmishers with the member retailers allowing quick and easy verification that the purchaser is allowed to buy a RIF under the VCRA skirmisher defence. To qualify for UKARA a person must be a regular skirmisher (i.e. skirmish three or more times in no less than two months, and typically at one site) in order to be registered and the airsoft site they register/skirmish at must hold public Public Liability Insurance. Once a skirmisher is registered, they receive a membership card and must produce this before buying or trading airsoft firearms from these retailers, although this is not a legal requirement.
As long as a person can prove that they are an airsoft skirmisher, they may purchase RIFs. This can be done successfully by either joining UKARA or other means, such as ordering a RIF from outside the UK and ensuring the parcel is marked in such a fashion that if Customs were to stop the parcel they can check the purchaser's validity to purchase said RIF.
Two-tone variants of the Airsoft Gun are also available, where the majority of the surface of the gun is bright red, bright orange, bright yellow, bright blue, bright green, bright pink, or bright purple. These colour variants allow for the purchase of an Airsoft Gun in the UK from an airsoft distributor without the need to be registered, although their use in skirmishes is discouraged and at some sites, banned. Airsoft is not prohibited to persons under the age of 18. To take your airsoft into a public building you have to be 18 ,but no licence is needed ,for airsoft is clasified as a toy. (Information provided by the airsoft laws institute of the UK, all following laws apply to adults and children and should not be taken for granted)
What are these new laws? / What is the VCRA? The Violent Crime Reduction Act 2006 or VCRA as it is often shortened is a new piece of legislation created by the Government to help combat crime. Unfortunately it threatens Airsoft by banning the sale, importation and manufacturer of Realistic Imitation Firearms (RIFs) in the UK. All true Airsoft replicas fall under this RIF definition. The laws that affect Airsoft replicas came in to effect on the 1st of October 2007.
Who does it affect? All UK based customers who wish to purchase Airsoft replicas. Customers not located in the UK, such as those in the Republic of Ireland are completely unaffected. It also doesn’t affect customers making non-replica purchases, so the sale of everything else, parts, accessories, magazines, consumables will continue as normal.
Does it affect ownership? No, the VCRA only bans the sale, importation and manufacturer of Realistic Imitation Firearms (RIFs) in the UK. Therefore all Airsoft replicas you currently own are as legal to keep as before.
But Airsoft has an exemption? Yes, the
UKARA (United Kingdom Retailers Association) of which Airsoft Direct is a member, along with other groups such as the ABA (Association of British Airsoft) have fought successfully for an exemption. This exemption protects the sport of Airsoft by giving players a workable defence, allowing them to continue to purchase RIFs if they meet certain requirements.
What are these requirements? In order for any retailer to sell a UK customer an RIF under the exemption that Airsoft as a sport has been granted, the customer must be 18 years old or over and be an Airsoft Skirmisher. To qualify as an “Airsoft Skirmisher” you must be a regular player at that skirmish site that has 3rd party insurance and having attended no less than 3 times in 2 months.
How does the UKARA player’s scheme work? The scheme we currently use to establish that customers purchasing Airsoft replicas are 18 years old or over and are Airsoft skirmishers has been setup by the UKARA. The scheme is fairly simple, as it is the seller’s responsibility to prove that the customer meets these requirements it was necessary to setup a database that allows the retailer to quickly and easily check that a customer has the right to purchase Airsoft replicas. This UKARA player’s database is accessible by UKARA retailers allowing them to check that a customer is legally entitled to purchase.
The UKARA has approved lots of Airsoft skirmish sites located in the UK, ensuring that they have the required 3rd party insurance and then issuing them with a validating stamp. Players are then validated by these sites, they check each of them to make sure they are registered skirmishers, therefore having attended no less than 3 times in 2 months and making sure they are 18 years old or over. This is done through a player’s membership form, which the player fills out and then gives to the site along with the required forms of ID. The site checks and stamps this form, issuing the player with a membership number, the player is then required to posts it off to a UKARA retailer who uploads the player’s details onto the database. Once this has been done all the player needs to do is quote this membership number when they place an order with a UKARA retailer for Airsoft replicas. The retailer checks the order details and membership number against what is held on the database and if they match the order is processed and shipped.
Where can I see a list of UKARA Registered Gaming Sites? On the UKARA website there is a page with a list of UKARA registered game sites.This list is being updated all of the time as sites register with the UKARA.
Are there any requirements once I’m on the database? Yes, in the first 12 months after you are registered you must make one purchase of an Airsoft replica, otherwise your entry will be removed. After this you must place one order every 12 months in order to stay on the database.
Can I have my Airsoft Replicas sent to a different address? No, your order details including your name and postal address must be the same information you supplied on your players application form, so that it matches what is held on the database.
Are mail order and other distance selling like online purchases still allowed? Yes, because of the way that the UKARA scheme works all mail order and online purchases will continue as normal as long as the customer can provide proof that they meet the requirements. This is done by supplying a valid player membership number, a membership number which is currently on the player’s database.
What about Collectors and Target Shooters? Unfortunately the exemption only protects Airsoft as a sport, so if you wish to continue purchasing you must play at a skirmish site that holds 3rd party insurance, even if you are 18 or older. If you do meet the age requirements we would suggest you visit the UKARA Registered Game Sites page and visit your local site, Airsoft is a great sport to get into and once you are registered you can purchase as many Airsoft replicas as you want.
Are any other Airsoft products affected? No, only the replicas themselves fall under the RIF definition, everything else from accessories such as magazines, parts and consumables such as gas and BB’s are all unaffected. They can all be purchased as normal as they do not resemble a realistic imitation firearm and therefore are not covered by the VCRA.
The Act & other exemption's On the Government website you can view
The Act. Part 2, section 36 onwards deals with Realistic Imitation Firearms. You will also be able to see what the other exemptions of ownership are.
Link to UKARA.org.uk Q&A