In 2006, the UK government published The Violent Crime Reduction Act 2006 (Realistic Imitation Firearms). I suspect its main function was to curb crime, especially "armed" robberies where replica firearms were being used to intimidate victims. Unfortunately, these controls inadvertently affected a lot of people in the UK who use realistic imitation firearms (RIF) as an intrinsic part of their sport or pastime.
In a subsequent compromise, various amendments were made to try to accommodate law abiding citizens who like playing with toy guns as part of a legitimate hobby, such as war re-enactment fans and Airsofters.
The new Act effectively made it illegal to sell, manufacture or import RIF's in the UK. To avoid destroying peoples recreation and probably more likely, thriving tax-paying industries, it was agreed that there could be exceptions, exemptions or defences which would, in some circumstances allow RIFs to be sold to adults in the UK. One of these defences related to those involved in Airsofting and this was covered under the heading of "Permitted Activities". Manufacturers, importers and vendors of Airsoft RIF had to demonstrate that they were only supplying people aged 18 or more, who were genuinely engaged in Airsoft skirmishing.
The United Kingdom Airsoft Retailers Association (now more commonly known as UKARA) was formed to meet this need.
As they say on their website:
"UKARA is an association of UK Airsoft Retailers brought together to protect themselves from prosecution and enable a safe method of selling Realistic Imitation Firearms ( RiF's ) to the largest of the permitted purchaser groups in the UK, Airsoft Players.
The onus is on the seller of a RiF to make sure they only sell to a legitimate purchaser, prosecution could result as a failure to do this.
The Governments desire was to have a third party system in place which would track sales to legitimate purchasers of RiF's, checking their eligibility".
This system has now been in place for nearly 8 years. UKARA constructed their own scheme where a set of rules were created by them to illustrate to the government that they were only supplying people genuinely engaged in Airsoft skirmishing. Most UK airsofters are familiar with these rules although there is a lot of confusion and urban myths amongst players and people often talk about UKARA licences, memberships and so on. In reality, if players meet the desired criteria, they are entered on to a UKARA database. Retailers wishing to supply these individuals can check the database to confirm the buyer meets the criteria and this furnishes the retailer with a defence against prosecution from the VCRA. The hoops that players have to go through are largely defined by UKARA.
As UKARA is effectively maintained by the trade to protect the trade, there has been some criticism of the scheme, particularly by smaller retailers who felt that their interests weren't best served by the current arrangement.
Now the British Airsoft Club (BAC), a registered non-profit making company has been registered in the UK and they are creating an alternative system which will directly compete with the existing UKARA scheme.
There are some key differences in the two schemes. UKARA charge the retailer and player registration is free. My understanding is that the cost to the retailer has prevented some smaller retailers being able to afford to join. Although player registration is free, some skirmish sites charge the player to administer their application for UKARA registration on the basis that it takes them time and effort to complete their part of the paperwork. Also, it usually means that new players have to play at least three games at that site to reach registration status.
BAC provide their defence scheme free to the retailer, but make a charge of £6.99 per annum to the player. Logically, this would encourage more retailers to join (potentially opening up competition). It also allows players to use different sites in order to qualify for the three game status. This reduces the three game hold that sites have over new players wishing to get to a position where they can purchase their own RIF.
At the the time of writing, BAC have just launched their scheme at the British Airsoft Show and are busy signing up retailers and sites.
With this scheme, the player has to record where and when they have just played, on their own private page using the online BAC database. Their attendance stored in this game log is then confirmed by the site who receive an automatic e-mailed link requesting their confirmation that the player was there. Once the resultant record shows at least three games played in no less than 2 months, it forms a time proven defence for any retailer looking at the database.
Another scheme is also being discussed, currently called Project Luther. This is a scheme set up by a group of Airsofters who are attempting to create yet another alternative which would be controlled by the players rather than a retailer interest. The details of the scheme are still crystallising although it would appear to be modelled on a more techical solution than the others and which might offer some form of digital sign-in/recognition for players at sites, speeding up registration for player and site alike.
Again it is intended that the player would bear the cost and a yearly fee of £5.00 has been talked about.
Another issue that is often ignored concerns the 1968 Firearms Act which states that it is an offence to be in a public place with a RIF without a valid excuse. All of the Airsofters that I've met are very responsible and only take their RIF outside their homes when they are going to a game. Even then, the RIFs are stored in their original boxes or special gun cases, so as not to alarm anybody.
However, it is always a concern for me when I am driving to or from a game with my RIF in their gun cases in the boot of the car. What if I get stopped by a police officer for a routine motoring matter or I break down on the motorway and a police car stops. Will I get the opportunity to fully explain before they look inside the case ? will they overreact or panic - will I end up at the police station for the RIFs to be examined by firearms officers before they are satisfied they are only toys ?
In February 2012, a member of a historic re-enactment society foolishly left a replica machine gun on the back seat of his parked car. When he returned to his vehicle, he was surrounded by armed police and arrested. A passer-by had seen the RIF and called the police thinking it was real.
Re-Enactment Enthusiast Arrested Over RIFs
As you can see, he ended up in court because he didn't want his valuable RIF destroyed.
I carry a membership card from my regular Airsoft site which is a laminated photo ID card with a holographic seal like a credit card. Although I imagine these could be easily faked if somebody could be bothered to go to such lengths, it at least adds credence to my verbal explanation that I am a member of an Airsoft club and that the realistic looking guns they are about to find in my car boot are only toys that fire 6mm plastic balls at about half the muzzle velocity of the average air rifle.
It occurs to me that apart from a defence being used as a historical game record to protect retailers, it also has a very valid use as a defence for the player, to prove that they have a valid excuse to transport their RIFs in public.
This point has been made to both BAC and Project Luther.
Another viewpoint, from the police directly this time:
The Thames Valley Police on Replica Guns
So, has UKARA had its day or is there room for three or more competing schemes providing a defence ?
Only time will tell....
