VCRA and NON airsoft repro weapons/blank firers rules?

a RIF can be anything, from an airsoft gun, to a blank firer, to an inert non-functioning replica. I don't think the law makes any distinction between the different types, you just need a valid defense under the VCRA to buy them.

And to sell them too?

Sell/Manufacture/Import........

you just need a valid defense under the VCRA to buy them.

It's actually a defence or exemption you need to sell or supply them, not to buy. There is no law against buying them, it's the seller who has to be sure he is within the law.

EDIT: And, as Kermit says, you need a defence to import or manufacture.

Be interesting to see how that works in the case I mentioned - say I approach a dealer to buy a non firing metal replica, I show him my membership card with my UKARA no, as its specific to airsoft he may refuse the sale on the grounds its not an airsoft replica and thus possibly not a legitimate sale?

How do the non airsoft reenactors get on with this? Do you rely on an organisation membership card, or do you have a UKARA type system?

Its a minefield out there!

How do the non airsoft reenactors get on with this?

Don't have any problems at all. Although I do airsoft, I am not UKARA registered. I the send seller a scan of my re-enactment association membership card and PLI documents, together with contact details for our chair and secretary and our website address for them to check.

As dieselmonkey quite rightly states, there is no distinction in the law between different types of RIF. Those clever government types were to busy making fraudulent expenses claims to be bothered about specifics

Re-enactors have a defence specifically incorporated in the VCRA section 37 (2e):

37 Specific defences applying to the offence under s. 36
(1) It shall be a defence for a person charged with an offence under section 36 in
respect of any conduct to show that the conduct was for the purpose only of
making the imitation firearm in question available for one or more of the
purposes specified in subsection (2).
(2) Those purposes are—
(a) the purposes of a museum or gallery;
(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;
(f) the purposes of functions that a person has in his capacity as a person
in the service of Her Majesty.

I assume airsoft comes under section 36 (3a):

(3) The Secretary of State may by regulations—
(a) provide for exceptions and exemptions from the offence under
subsection (1)

Oddly enough, though, deactivated firearms are NOT covered by the VCRA:

38 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.

I interpret that to mean the VCRA covers anything that looks like a real firearm, but not anything that is, or was, a real firearm.
Not quite sure if that means blank-firers are also considered RIFs as well, but I presume it does...

its VERY interesting that deactivated firearms are not covered as RIFs, i mean im 15 and i own a deactivated Mk2 Bren Gun but cannot by an airsoft weapon :/

It is a right old 'donkeys breakfast'.
Ukara only covers you with those dealers signed up for it and only for airsoft replicas. If you buy a BF or even non firing replica under your UKARA membership the dealer is in trouble and so are you. The dealer for selling a RIF to a non qualified person and you for having a RIF with no defence under the act. The UKARA 'Airsoft defence' only works for airsoft replicas.
The 're-enactor' defence is more involved than UKARA, requires more from it's users. They must be a constituted club with PLI

its VERY interesting that deactivated firearms are not covered as RIFs, i mean im 15 and i own a deactivated Mk2 Bren Gun but cannot by an airsoft weapon :/

its VERY interesting that deactivated firearms are not covered as RIFs, i mean im 15 and i own a deactivated Mk2 Bren Gun but cannot by an airsoft weapon :/

insurance, they must be active in the hobby, you might even need to show that the rifs you have a relevant to the periods you re-enact.

WW2enth' are you sure? " i mean im 15 and i own a deactivated Mk2 Bren Gun, " I thought the law was 18 for buying deacts?

If you buy a BF or even non firing replica under your UKARA membership the dealer is in trouble and so are you. The dealer for selling a RIF to a non qualified person and you for having a RIF with no defence under the act.

Not entirely. Possession of a RIF is not an offence under the VCRA.

36 Manufacture, import and sale of realistic imitation firearms
(1) A person is guilty of an offence if—
(a) he manufactures a realistic imitation firearm;
(b) he modifies an imitation firearm so that it becomes a realistic imitation firearm;
(c) he sells a realistic imitation firearm; or
(d) he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.

This means that you can "legally" buy a RIF - The seller is committing the offence.
It also implies that the transaction is legal if no money changes hands (dependent on the definition of "sell").

Heh, even after all this time, despite questions about the consequences being asked and answered ad infinitum, simple answers get qualified and incorrectly or inaccurately 'corrected' by subsequent posters! So much so that there end up with no clear answer to a poster's original question and more confusion added.

It isn't an offence to buy a RIF within the UK if you are over 18 - but it is an offence to sell one (although there are qualified exemptions/regulations). Clearly the law intends that if you can't sell then buying RIFs won't be possible, so no need to make that an offence too. So, if you can't buy in the UK the only option would be to import. Except that IS an offence, so all quarters covered. If you are under 18 then buying IFs or RIFs is illegal

BTW, No1 - 'selling' doesn't legally require an exchange of money. Selling covers a multitude of exchanges whether that be goods in kind, legal tender, exchange for labour or spurious 'free' offers. Try and get away without paying income tax, VAT, PAYE or inheritance tax by using such schemes!

Casual buyers should now find it impossible to legally buy a RIF. As has been pointed out, there are a few ways that it is still possible for some people to legally obtain RIFs but since it is the seller that is carrying the can you will be expected to PROVE that you have the required the right credentials. The proof required by vendors will vary but systems are now well established and well documented.

BTW, No1 - 'selling' doesn't legally require an exchange of money. Selling covers a multitude of exchanges whether that be goods in kind, legal tender, exchange for labour or spurious 'free' offers.

That's why I added "(dependent on the definition of "sell")".
However, exchange of goods is usually referred to as such in legalese, or "trade". Other parts of the VCRA refer to "sells by way of any trade or business", but not the sections regarding RIFs.

So much of the VCRA (that applies to us) is written about in loose, general terms, as is a lot of legislation, it would be up to the courts to interpret as set a precedent wouldn't it? The intention of the legislation is very clear - just because something isn't specifically and unequivocally mentioned doesn't mean it is an invitation to exploit a 'loophole'!

Tell that to Brawn GP!

I don't know personally of any cases of people having been asked to prove their specific defence entitlement since it came into force, I don't think my local police force is aware of its existence as there are still a couple of bargain shops locally selling RIFs quite openly (not airsoft/gun shops) but its such a pigs ear anyway in that the VCRA only applies since it came into force in 2007; any airsoft/RIFs etc owned before that time can still be legally owned as far as I'm aware, and thus any potential prosecution would have to prove they were purchased since then?

Reading through the above replies then it would theoretically be ok to buy a non firing replica RIF to convert to airsoft use as my airsoft membership would provide my defence (though from my ownership of DEACTIVATED FIREARMS I recall that converting them to fire ANY projectile - such as airsoft BBs - would be illegal and classify it as a section 5 firearm; quite sensible really. NB I'm sure I read somewhere that using ANY part of a real firearm in the construction of a replica is also illegal? But I can't remember if that related to UK or an overseas law.)

I don't know personally of any cases of people having been asked to prove their specific defence entitlement since it came into force
Try buying from a mainstream retailer...
I don't think my local police force is aware of its existence as there are still a couple of bargain shops locally selling RIFs quite openly (not airsoft/gun shops)
Irritatingly true...
but its such a pigs ear anyway in that the VCRA only applies since it came into force in 2007; any airsoft/RIFs etc owned before that time can still be legally owned as far as I'm aware
VCRA doesn't cover possession so you can own what RIFs you like, pre or post VCRA...
and thus any potential prosecution would have to prove they were purchased since then?
The onus would be on the SELLER to prove a legal transaction, not the purchaser, who if over 18 can buy in the UK. Remember it is the vendor who is committing the offence.
Reading through the above replies then it would theoretically be ok to buy a non firing replica RIF to convert to airsoft use as my airsoft membership would provide my defence
Yes, both are RIFs. You will have a skirmisher's defence under regulation.
(though from my ownership of DEACTIVATED FIREARMS I recall that converting them to fire ANY projectile - such as airsoft BBs - would be illegal and classify it as a section 5 firearm; quite sensible really. NB I'm sure I read somewhere that using ANY part of a real firearm in the construction of a replica is also illegal? But I can't remember if that related to UK or an overseas law.)
To be safe don't use anything from a deactivated gun or try to make it 'do' anything. It is what it is, a certified legal lump of metal/wood.

Yes the police are aware if the act, but the simple fact, it not worth the hassle to start knocking people off for it. this act was never going to a viable option to curb violence on our streets. Mrs anti gun bint, who forced this garbage through, just happens to be the wife of an MP. Please, Please, let him be one of the twat who gets shafted for expences fraud.
Like so many bits of shit legislation brought in by this mockery of a government, it only looks like it works, reality is, it has no effect on crime and is just another little bit of legislation, which distroys another civil liberty. you can rob a bank with a banana, shall we ban them?
Its the same arguement.
Customs will use it, trading standards may use it and local councils should us it (but don't cos they don't know about it) the old bill, well you have more chance of finding them playing with them.

I'm sure I read somewhere that using ANY part of a real firearm in the construction of a replica is also illegal? But I can't remember if that related to UK or an overseas law.

The bits you can't use are any parts which pressure directly impinges upon during the firing cycle, and parts that when removed stop the firearm functioning. However, this does not include springs and screws.

If I can be arsed, I'll dig out the details of the court case that gave us these definitions.

In short:

Trigger guard OK. Stock OK. Gas parts not OK. Bolt parts not OK. etc etc.

The simple way to remember this is anything that the weapon uses to fire cant be used or re activated.