Legal Issues in Airsoft - United Kingdom

United Kingdom

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 gun case or container only not to be left in view of public at any time). The prohibition of self-contained gas cartridge firearms can arguably apply to Moscarts and BB-Shower grenade systems, although it is intended to ban the sale of 'brocock' cartridge revolvers. However, a formal case precedent has yet to be set.

According to Section 36 of the VCRA (Violent Crime Reduction Act 2006), 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% transparent, 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. 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 the UKARA database 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.

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 the UKARA database (although this is not a legal requirement, and as such, is not recognised by the Home Office as having any legal authority over airsoft skirmishers) 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.

Airsoft is not prohibited to persons under the age of 18, nor is owning a RIF, although the only way they are able to obtain a RIF or IF is by being given the item as a gift or by having parental consent. If someone under the age of 18 attempts to purchase an airsoft weapon, they are committing a crime and it may result in a fine.