I was involved with the Airsoft side of the "interested parties" when the VRCB was being discussed back in 2006 or when ever it was.
We were informed by Baroness Anelay in response to our questions as to what defined a RIF, so this was from the Home Office.
The Legislation states...
Quote:
Meaning of “realistic imitation firearm”
(1)In sections 36 and 37 “realistic imitation firearm” means an imitation firearm which—
(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
(b)is neither a de-activated firearm nor itself an antique.
(2)For the purposes of this section, an imitation 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 expert;
(b)on a close examination; or
(c)as a result of an attempt to load or to fire it.
Now, that's legal jargon and most people can't get a grip of it, so we asked for a laymans explanation.
And it was roughly as follows.
1: realistic... and a pulse rifle certainly looks real enough, and it's not a de-ac or an antique.
The main clincher are those bits described in part 2 and the curious set of double negatives in there is what makes it complicated.
1: Not by an Expert - From this you have to assume the mythical Mrs Miggins, the blind old lady who knows nothing about guns.
2: Not on Close Examination - From this you have to read, 'at a distance, and for a brief moment'.
3: Not as an attempt to load or fire it - So whether it's capable of firing a projectile or not.
So if the blind old gifford Mrs Miggins sees it for a brief moment and thinks it's a gun, then for the purpose of the legislation then it is.
The Pulse Rifle certainly falls into this category and it is something we all need to be aware of.
Inappropriate use in a public place can land you in serious hot water. So user caution is advised at all times.
Whether as members of the UKCM or other such clubs acting in a 'promotional' or 're-enactment' role, you fall under the specific defences as defined under the regulation.....
Quote:
(b)the purposes of theatrical performances and of rehearsals for such performances;
(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);
(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);
(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;
.... is really a massive grey area and one that would need to be tried as a Case Law for this specific crime.
To date, I know of NOT ONE incident where such a need has arisen.
But in all truth, no-one knows whether any of us could actually claim that part as a defence?
The reality is that the VCRA was such a large bit of knee jerk legislation in response to a number of 'firearm' related incidents at the time, and one that did nothing to address the actual problem, but looked largely like the government were doing something whilst they did as little as possible. It is so very full of holes and is such a low level issue that the Local Constabulary are very unlikely to do anything about it.... (and I am a former Police Constable).
But you must always be mindful that the legislation exists, and it is something they can fall back on should they wish to knobble you for something.
It is interesting to note that the UK Government dismissed the notion of a carpet ban on Airsoft weapons because to have done so would have raised the issue of compensation to the owners of previously legitimately held items, and it was deemed too costly to do so!
Being able to avail yourself of the Skirmishers defence (or re-enactors one) is currently the safest and securest way of saying you are covered when painting two tone rifles.
Mr Fletcher is correct when he says the UKARA thing is a bit of a misnomer.
You just have to be able to prove you are a legitimate skirmisher. How you go about this is entirely your own choice, but the easiest method is to be on the UKARA database.
Despite the fact that Customs and the Police have no physical way of checking this themselves and would probably have to go through the database administrator (Graham) or the site owner where that person is registered.
Completely irrelevant to his build.... but an interesting yarn non the less.
Oh, and I must stress that the above relates purely to the commission of an offence under Sec 36 1b
Quote:
(1)A person is guilty of an offence if—
(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;
The misuse of any firearm, be it a Realistic Imitation, Imitation or Deactivated, in a public place or directed at a member of public is another kettle of fish entirely and you'll be committing an offence no matter whether you are a skirmishers, actor or the Queen of Sheba!