Category: News

The Policing and Crime Bill 2015-16 is out. I really wasn’t expecting it to be this soon after the law commission report.

From Parliament.uk “This Government Bill was presented to Parliament on Wednesday 10 February 2016. This is known as the first reading and there was no debate on the Bill at this stage.

The date for this Bill’s second reading debate has yet to be announced.

If the bill passes second reading and is committed to a public bill committee the membership of the committee will be published in Votes and Proceedings and posted on this page under ‘Commons Public Bill Committee’. The soonest this can be is the Thursday following second reading of the bill, but it may be later.”

Relevant sections for Airsoft;

Firearms Act 1968: meaning of “firearm” etc.

(1)The Firearms Act 1968 is amended as follows.

(2)In section 57 (interpretation), in subsection (1), for the words from the beginning to the end of paragraph (c) substitute—

“(1)In this Act, the expression “firearm” means—

(a)a lethal barrelled weapon (see subsection (1B));

(b)a prohibited weapon;

(c)a relevant component part in relation to a lethal barrelled

weapon or a prohibited weapon (see subsection (1C));

(d)an accessory to a lethal barrelled weapon or a prohibited

weapon where the accessory is designed or adapted to diminish

the noise or flash caused by firing the weapon;”.

(3)In that section, before subsection (2) insert—

“(1B)In subsection (1)(a), “lethal barrelled weapon” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.

(1C)Subsection (1) is subject to section 57A (exception for airsoft guns).”

(4)In that section, after subsection (1C) (as inserted by subsection (3) above)

insert—

“(1D)For the purposes of subsection (1)(c), each of the following items is a

relevant component part in relation to a lethal barrelled weapon or a prohibited weapon—

(a)a barrel, chamber or cylinder,

(b)a frame, body or receiver,

(c)a breech block, bolt or other mechanism for containing the

pressure of discharge at the rear of a chamber,

but only where the item is capable of being used as a part of a lethal

barrelled weapon or a prohibited weapon.”

(5)After section 57 insert—

“57AException for airsoft guns

(1)An “airsoft gun” is not to be regarded as a firearm for the purposes of this Act.

(2)An “airsoft gun” is a barrelled weapon of any description from which only a small plastic missile, with kinetic energy at the muzzle of the weapon that does not exceed the permitted level, can be discharged.

(3)“Small plastic missile” means a missile that—

(a)is made wholly or partly from plastics, and

(b)does not exceed 6 millimetres in diameter.

(4)The permitted kinetic energy level is—

(a)in the case of a weapon which is designed or adapted so that

two or more missiles can be discharged successively without

repeated pressure on the trigger, 1.3 joules;

(b)in any other case, 2.5 joules.”

My thoughts;

No airsoft replica is ‘only’ capable of discharging plastic projectiles. All of them can fire steel and glass BBs. Could this make the airsoft exception worthless?

Definition between single/semi and full auto seems reasonable.

Contrary to the report (based on our feedback), they have ruled 8mm airsoft out of the exception.

The exception, interestingly, is for all airsoft replicas and not just for those used in permitted activities ala VCRA, as per the report.

Description of BB material, ‘or partly from plastics’ (having just consulted someone involved in BB manufacture) includes bio BBs, which alleviates a concern which was raised previously. Good stuff.

Still no clarification of the position of variable power devices such as HPA driven.

Matt Furey-King, Chairman

Source- http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0134/cbill_2015-20160134_en_10.htm

• 

As many of you have seen, there’s a player from Ireland who’s been getting rounds down from his custom wheelchair at airsoft events for the last 8 years, getting well stuck in despite pretty major disability. You may not be aware that his combat chair is knackered and wasn’t quite up to the task of getting over terrain anyway, so he’s trying to crowdfund for a pukka off-road chair on which they can build a proper airsofting platform. No telling how long he’ll be around for, so, he’s one of us, pretty important we get him back in the game. Worthy use of a few quid if ever I did see it.

Here’s Simon’s crowdfunding page https://www.gofundme.com/cqj26f4k

Matt

• 

UKAPU update.

I’ve handed over the Presidency of the European Airsoft Association, which will allow me to put more attention into (amongst other things) getting UKAPU spruced up. Unfortunately when things went upside down with the EU firearms proposal at the end of last year, I didn’t have time to look at UKAPU at all. As soon as I handed over I was away for a month. So the schedule has slipped from what I promised, sorry about that.

Website/membership system wise I sat down with a few designers, and the quotes I got back would have more or less emptied the UKAPU coffers. But a knight in shining armour has stepped forward and volunteered to sort it out, cost to the association will be minimal and he’s shown me some really good options for a new membership system. So the ball is definately rolling there.

I would like to bring in a new committee soon, we’ve had some very keen volunteers, however I’m going to hold off doing so untill there’s a membership system back in place. I think one of the reasons the previous administration struggled was because the tools they needed to utilise were hard to work with or just broken. But it shouldn’t be long now. FYI James Williams is still serving as treasurer and has always kept tabs on the bank account, PayPal and cash box, and I’m collecting up association property from various ex committee members. We’ll likely hold a mid year AGM.

I’ve sent a follow up letter to the home office in reference to the reform of English/Welsh firearms law, as I’ve heard nothing from that end for a while.

I’ve also just been back in touch with Vicky Ford MEP in reference to the EU firearms proposal.

Finally, we are in need of a Scotland rep, as I’m not clued up about the current situation up here with the new air rifle legislation and how it may tie up with the England/Wales fireams law (if at all). I’m concerned that Scottish UKAPU members may not be getting acceptable representation with the Scottish authorities. I live up I Aberdeen and don’t feel like I’m in the loop as a player, personally.

Thanks for the ongoing support,

Matt Furey-King, Chairman

Excellent news from the firearms stakeholder meeting. Vicky Ford MEP (who is the designated rapporteur- the person given responsibility to review amendments before its put to a vote) clarified that the intention of the proposal is not to reclassify airsoft replicas as category C firearms. The EU say they only wish to reclassify certain blank firing replicas. Ms. Ford informed our representative that they will forward an ammendment to sort out the wording of the relevant section. The proposal as currently written will reclassify all replicas, regardless of the intention.

The threat isn’t entirely gone as they haven’t written any amendments yet and MEPs still need to vote on whether to adapt the amendment, so we’ll stay engaged with the process and we ask you to keep up to date on the situation. But things are looking positive.

I also ask that you keep standing with our cousins in the real firearms community, as a large chunk of their pastime still hangs in the balance. We expect that the amendment which we have requested will be one of very many.

Matt Furey-King

Chairman UK Airsoft Players Union

The EAA has been successfully prowling the halls of Brussels, fighting your corner.

Matt

UK MEP Vicky Ford has been appointed to head a review and reccomend ammendments to the recent EU firearms proposal. As part of the process a meeting with stakeholders is being held in London later tomorrow (Thursday). Unfortunately I’m on the other side of the world on holiday at the moment, but I have just written a short piece detailing our objections to the proposal, and our good freinds from Firearms UK will read it to the assembled MEPs. It’s promising that one of Vickys first actions was to arrange to consult stakeholders directly. If we get any feedback I will let you know.

Matt

Operation MEP is now in effect! UK residents, this is how you find your MEP https://www.writetothem.com/

So if you didn’t write to them yet, copy the letter from the EAA website, email it, and then SHARE THIS POST LIKE THERE’S NO TOMORROW! If not enough people do it, there is no future for airsoft in the UK or Europe.

Matt Furey-King, Chairman UKAPU

http://milsimman.co.uk/2015/11/27/eu-attack-on-replicas/

• 

The law commission has published its report on firearms which you can read here;

http://www.lawcom.gov.uk/wp-content/uploads/2015/12/lc363_firearms.pdf

There’s a good chance it will be put into law, as this is the case with law commission reports generally. From our perspective the most interesting parts are that they state that the lethality threshold should be set to 1J, but that an airsoft exemption should be created (based around the VCRA specific exemption). They recommend setting this at 1.3J/2.5J in line with the 2011 ACPO testing. This is good news.

Edit: Note that laws in Northern Ireland and upcoming laws in Scotland mean that players there will be fixed to 1J as before.

“IF THE THRESHOLD OF LETHALITY WAS SET AT 1 JOULE SHOULD

THERE BE A SPECIFIC EXEMPTION FOR AIRSOFT GUNS?

2.33 As we have already pointed out, groups representing both airsoft retailers and

players suggested that a 1 joule threshold would be detrimental to the trade in

airsoft guns for a number of reasons. It is important for us to point out that we are aware of the fact that the use of airsoft guns is not confined to airsoft skirmishers.

The analysis in this section is applicable to anyone who uses an airsoft gun in

furtherance of a “permitted activity”.

2.34 First, the United Kingdom Airsoft Retailers’ Association estimated that 85% of its members’ sales take place online and a requirement for airsoft guns to be sold face-to-face would undermine the viability of a significant number of retail businesses.

2.35 Secondly, the lawfulness of possessing a realistic imitation firearm (which

includes airsoft guns), is dependent upon the possession of third party liability

insurance.14 Both the United Kingdom Airsoft Retailers’ Association and the

United Kingdom Airsoft Players’ Union pointed out that an insurance company

would be unlikely to insure an activity that involves players shooting each other

with what the law classifies as firearms.

2.36 Thirdly, the United Kingdom Airsoft Players’ Union also made the point that many airsoft guns are capable of automatic fire and have a muzzle kinetic energy of more than 1 joule. If a 1 joule threshold were to be adopted it was suggested that this would have the consequence that such airsoft guns would become prohibited weapons by virtue of section 5(1)(a) of the Firearms Act 1968.15 Possession of such a firearm without the authority of the Secretary of State carries a mandatory minimum five year prison sentence. The United Kingdom Airsoft Players’ Union said that it is highly questionable that Parliament intended for such low powered air weapons to be classified as prohibited weapons.

2.37 Finally, both the United Kingdom Airsoft Retailers’ Association and the United Kingdom Airsoft Players’ Union suggested that there are no reported instances of potentially deadly injury occurring through misuse of an airsoft gun.

2.38 Consultees from outside the airsoft skirmishing community also stated that there ought to be some form of exemption for airsoft if a 1 joule threshold were to be adopted. For example, the Crown Prosecution Service said:

If the threshold of lethality was set at 1 joule, the CPS considers it

appropriate for there to be a specific exemption for the airsoft trade.

Such an exemption, similar to that already contained within the

Violent Crime Reduction Act 2006, would allow the operation of the 1

joule setting for lethality for all other firearms, without having a

disproportionate impact on the airsoft trade.

2.39 This view was also expressed by, amongst others, Her Majesty’s Council of Circuit Judges, the Gun Trade Association and the British Association for

Shooting and Conservation.

Discussion

2.40 In evaluating whether there ought to be an exemption for airsoft guns, we agree that it is necessary to consider the impact imposing a 1 joule threshold might have on businesses. On the basis of information provided by representative organisations, it is clear that there could be quite a significant impact.

2.41 We therefore agree that classifying airsoft guns as firearms (because they have a muzzle kinetic energy above 1 joule) could have a number of undesirable consequences. These would appear to be disproportionate given that it is unclear whether there would be any corresponding benefit to public safety: we are not aware of any reported instances of serious injury being caused through misuse of an airsoft gun.

2.42 We do not believe, therefore, that creating an exemption for airsoft guns would be detrimental to public safety and believe this would be a proportionate approach.

Recommendation 3

2.43 We recommend the creation of an exempting provision in the Act

exempting airsoft guns from the scope of the 1 joule kinetic energy

threshold which deems a barrelled weapon to be lethal.

2.44 In making this recommendation, we believe it is important to examine how such an exemption could be crafted. Our aim is to minimise the impact upon the airsoft trade whilst also ensuring public safety is not compromised.

2.45 We believe that a suitable approach is to define in law what an airsoft gun is. Currently there is no legal definition. The United Kingdom Airsoft Retailers’

Association suggested the following definition:

An airsoft imitation firearm is an imitation firearm (whether a realistic

imitation firearm or not) designed for use in permitted activities and which is;

(1) Only capable of discharging a spherical plastic pellet not

exceeding 8mm in diameter and,

(2) When discharging such a pellet does not impart kinetic energy,

measured at the muzzle, which exceeds 2.5 joules if firing single

shots with each operation of the trigger or 1.3 joules if firing

successive shots whilst the trigger is held.

2.46 We believe that this definition creates an exemption for airsoft guns without compromising public safety. Public safety is ensured in three ways. First, there is research to suggest that these are safe kinetic energy thresholds within which airsoft guns can operate;17 secondly, the definition limits airsoft guns to those guns that are only capable of firing small plastic pellets; thirdly, it defines airsoft guns by reference to the “permitted activities” listed in The Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007, placing a constraint on the types of activity airsoft guns can be used for.

2.47 The other public safety benefits are that this definition places a legal limit upon the maximum muzzle kinetic energy at which an airsoft gun may operate.

Currently no such limit exists. It would also limit the exemption to those guns that use plastic, as opposed to metal pellets. Again, there is currently no legal

restriction on the type of ammunition an airsoft gun may fire.

2.48 Having consulted other stakeholders on the merits of this tentative definition, we are confident that it is sufficiently precise to avoid unintended consequences.

Recommendation 4

2.49 We recommend that if a deemed lethality threshold of 1 joule kinetic muzzle energy be created, a statutory exemption for airsoft guns should also be created. The exemption should be defined:

(1) by reference to safe kinetic energy thresholds for airsoft guns to

operate within;

(2) so as to exempt those guns that are only capable of firing small

plastic pellets; and

(3) having regard to the “permitted activities” listed in The Violent

Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations

2007. “

Matt Furey-King