Paintball and the law

[Tom]

The underlined part of your post says it does not include paintball guns?
Cheers for the patronising response though, I wasn't claiming Facebook made it exempt, I was simply pointing out what others had said on the matter.

Not meant to be patronising

You were pointing out something that you saw on Facebook, I pointed out the current copy on the web does not have the paragraph
The link may be out of date

The one with the underline is as per the copy on Facebook which does say paintball is exempt
The one without is on the Scottish parliament website
The two copies contradict each other, the underlined one is listed as at stage 2. The current situation has just gone through stage 3, however there is not a stage 3 guidance document showing
It could have been edited in or it could have been edited out, the exemption may still be valid

 

[Tom]

Update on the Law Commissions review


http://www.lawcom.gov.uk/project/firearms/

Airsoft gets some mentions, paintball doesn't (but falls within 'air weapon' in some areas of legislation, and in / out of other parts)

Some notable points are the explanation of lack of legal definition of lethal, possible more use of tested kinetic energy
Progress on these would be of value or concern with regard to the first strike issue

 

[Caleyjaggy]

So it seems the Scottish Government has gone through with their plans to licence paintball markers (As well as all air weapons)
http://news.scotland.gov.uk/News/Licensing-air-weapons-2306.aspx
Although with a estimated 500,000 in scotland apparently how the police will manage to get it all done in 6 months.

 

[Tom]

Although with a estimated 500,000 in scotland apparently how the police will manage to get it all done in 6 months.

One of the points in the lead up was an intent to get rid of plinking guns, so the average buckfast NED plinking in his garden, in the park etc is the target of the law change and won't be granted a certificate for plinking. That will affect a lot of air guns in Scotland
If they already have a shotgun certificate then they are covered
If they are going somewhere reasonable to shoot then they will have a successful application

 

[Pog49]

Paintball is fun but like anything else it can be dangerous if not used in the right way

 

[Tom]

FAQs on the new Scottish legislation:

http://airweapon.scot/faqs/

Questions (in my opinion) particularly relevant to paintball are in bold with my comments in italics




What air weapons will need a certificate under this law?

• Unsure if you will need a certificate?
  Broadly speaking, if your airgun can fire a missile with a muzzle energy above 1 joule but below 12 foot pounds (or 6 foot pounds for an air pistol) you will need to get a certificate or permit. If in doubt, ask your firearms dealer or the police.
  
  
  If an airgun exceeded the 12 foot pounds / 6 foot pounds then it is already classified as a firearm. Off the top of my head 12 foot pounds with an 'average' paintball is 330 fps, and technicals speaking paibtball guns are pistols rather than rifles and would need to be at the lower 6 foot pounds but case law seperately established 300fpa for paintball
  
  
• How can I find out the muzzle energy of my air weapon?
  You may be able to find out by looking at the manufacturer’s website. Most firearms dealers have a machine called a chronograph which can measure the approximate muzzle energy of a gun. You can also contact the police for advice, though they will not be able to test air weapons for you.
  
  
• What guns are not covered by the new law?
  The new law does not distinguish between different firing mechanisms – if your air weapon has a barrel and can fire a missile between 1 joule and 12 foot pounds (or 6 foot pounds for an air pistol), then it is covered by the new legislation.
  
  The law does not cover guns that are essentially toys, or which are not considered firearms. For example, BB guns or airsoft guns will not usually require a certificate. If in doubt, ask your firearms dealer or the police.
  
  Crossbows and underwater guns, such as those used for spear-fishing, are also not covered by the new legislation.
  
  
• Are paintball guns covered?
  Paintball guns which are only used to fire paint pellets at properly run and insured venues will not need a certificate. Paintball guns owned or used for other purposes may need a certificate – you should contact Police Scotland for advice.
  
  'Only to be used on sites' would cover the rental guns not a player who takes his gun home (see the other questions below hat I have not highlighted about owning but not using an air weapon - such as its in the attic)
  If in doubt then ask the police - and take note of who you ask and what the answer was, if they say you don't need one then that's your defence if at a later date someone decides you did need one
• Are airsoft guns covered?
  Realistic imitation airsoft guns with a muzzle energy below 2.5 joules (or 1.3 for fully automatic guns) are not covered by the new legislation. These guns are already controlled by the Violent Crime Reduction Act 2006. Airsoft guns above these muzzle energies may require a certificate – you should contact the police for advice.
  
  
• Is ammunition covered?
  No. You won’t need a certificate to buy or own ammunition for air weapons.
  
  
• Are component parts of an air weapon covered?
  Yes, you will need a certificate to own or acquire individual components of an air weapon. This generally means parts which are required to fire the gun. Accessories like sights or stands do not need a certificate.
  
  
• Are sound moderators (silencers) covered?
  Yes, you will need a licence to own or acquire a sound moderator for an air weapon.
  

Do I need a certificate...

• If I am under 18?
  You can’t have an air weapon certificate if you’re under 14. If you are over 14 but under 18 you can apply for a certificate but you can’t buy, hire or own an air weapon?
  
  If you are under 14, you can’t have a licence but you can use an air weapon if you are supervised by someone aged 21 or over who holds a licence.
  
  
• If I already have a firearm or shotgun certificate?
  Not yet. If you are aged 14 or over and hold a valid firearm and/or shotgun certificate when air weapon licensing comes into force, you won’t need to apply for a separate air weapon certificate until your existing certificate expires. When you renew your existing certificate then you can apply for a new air weapon certificate at the same time. The police will remind you of this closer to the time. You can also ask for your certificates to be coterminous, meaning that they all expire on the same date, in which case you’ll pay a reduced fee.
  
  However, if you want to buy or otherwise acquire a new air weapon then you will need to apply for an air weapon certificate. This means that you can show the firearms dealer that you are authorised to purchase an air weapon.
  
  
• If I’m a member of an approved air weapon club?
  No, as long as you only borrow air weapons at the club. This includes borrowing air weapons from certificate holders at the club. You can also use borrowed weapons at other venues – for example at a competition – as long as it’s part of the club’s activities.
  
  If you own your own air weapons, or use them in activities not connected with the club (including practising at home), then you will need a licence.
  
  
• If there’s an air weapon in my attic that I never/rarely use?
  Yes. It will be an offence to own an air weapon without a licence, even if you don’t use it. If you don’t have a good reason for keeping the air weapon then you should consider selling it, passing it on to someone else or handing it in to the police.
  
  
• If I collect air weapons but never fire them?
  Yes. If the air weapons are capable of being fired then you will need a licence to possess them.
  
  
• If I want to go to a paintball venue/shoot at a funfair?
  No. As long as the venue is run legally then you can participate without a licence.
  
  
• If I have inherited an air weapon unexpectedly?
  If you want to keep the air weapon then yes, you should apply for a certificate.
  
  If you want to dispose of the weapon then you should contact the police for advice. They can take it off your hands, or you might be able to get a short-term permit to allow you to sell it.
  

Air weapon clubs

• Do air weapon clubs have to be licenced?
  Not necessarily. Any club whose members all have their own certificate might not need to apply.
  
  However, from 1 July 2016, air weapon clubs can apply to Police Scotland to become an approved club.
  
  
• Why become an approved club?
  Members of an approved club can use air weapons at the club without needing their own licence. This includes borrowing air weapons from licence holders at the club. Members can also use borrowed weapons at other venues – for example at a competition – as long as it’s part of the club’s activities.
  
  
• How to apply for approval
  The club secretary or responsible person should apply to Police Scotland for approval. The forms are available now.
  
  To be approved, a club must have an up to date list of members and at least one safe place to shoot and store weapons. We will be publishing further guidance on this in the next few months.
  
  
• Want to publicise this new law at your club?
  Material is being prepared that will help you publicise this new law at your club.
  
  
• One-off events
  Events like funfairs and gala days with air weapon ranges can also be approved.
  
  From 31 December, Police Scotland will be able to issue an Event Permit allowing non-certificate holders to use air weapons at a specified time and place.
  
  An individual responsible for organising the event should apply to Police Scotland. Forms will be available from this site from 1 July 2016.
  

Visitors to Scotland

• If you’re travelling from England or Wales with an air weapon
  From 31 December 2016, you will need a visitor permit to own, use, purchase or acquire air weapons while in Scotland. Visitor permits are issued by Police Scotland. You can apply for a permit after 1 July 2016.
  
  
• If you’re travelling from England or Wales, and hold a valid firearm or shotgun licence
  If you are aged 14 or over and hold a valid firearm and/or shotgun licence issued in England or Wales on 31 December 2016, you won’t need a separate licence to own or use air weapons while in Scotland. If the licence was granted or renewed on or after 31 December 2016, then you will need a visitor permit.
  
  Even if you have a valid firearm or shotgun licence, if you want to buy an air weapon in Scotland and walk out of the shop with it, then you will need a visitor permit.
  
  
• If you’re travelling from Northern Ireland with an air weapon
  A Northern Irish firearm certificate will not allow you to possess an air weapon in Scotland. Visitors will need a visitor permit to use, buy or acquire air weapons while in Scotland. Visitor permits are issued by Police Scotland. You can apply for a permit after 1 July 2016.
  
  
• If you’re travelling from outside the UK with an air weapon
  You will need a visitor permit to own, use, buy or acquire air weapons while in Scotland. Visitor permits are issued by Police Scotland. You can apply for a permit from 1 July 2016.
  
  
• I want to borrow an air weapon while in Scotland, do I need a permit?
  If you will be shooting under the supervision of a licence holder, or at an approved club or other authorised venue, then you shouldn’t need a permit. However, if you will be shooting on your own then you will need a visitor permit. If in doubt you should contact Police Scotland for advice before you travel.
  
  
• If you want to buy an air weapon while in Scotland
  If you want to buy an air weapon and walk out of the shop with it, then you will need a visitor permit.
  
  You can buy an air weapon from a Registered Firearms Dealer and have the weapon sent directly to your home country without requiring a permit.
  
  
• I live in England or Wales but travel to Scotland regularly, can I get an air weapon licence
  

 

[Tom]

Formal statement from the UKPSF

https://www.facebook.com/UKPSF/posts/734588179990589

.... And an update

https://www.facebook.com/UKPSF/posts/765103163605757

Update on the first strike situation

Tiny Coester (the big South African bloke who runs magfed uk) has arranged the testing required for first strikes, (due to have taken place today)
He has funded the testing but created a gofundme page to recoup some of the costs

More info and a link to the funding (not the results yet) below

http://www.ukpsf.com/news

https://www.facebook.com/UKPSF/posts/1120467854735951

https://www.justgiving.com/crowdfunding/FSRBallistictesting?utm_id=108&utm_term=pkm8N5Vr2

 

[Tom]

Status update from tiny


https://m.facebook.com/story.php?story_fbid=677211635786176&id=138325403008138

But formal results awaited

 

[Tom]

Status update from tiny


https://m.facebook.com/story.php?story_fbid=677211635786176&id=138325403008138

But formal results awaited

Final update on first strike
The report concludes first strike are frangible as defined in law, and are therefore paintball guns firing fs are legal in the U.K.

https://www.facebook.com/UKPSF/posts/1175569275892475

This doesn't mean other shaped rounds are frangible etc. (eg the one2one rounds that were out for a bit), and it doesn't mean all sites will let you use fs

It does mean that the ukpsf recognises fs, that there is valid testing in place to legitimize them, and that they will be usable again in more places
It's up to individuals sites and event organizers to decide if they will allow them to be used based on their insurance, suitability to the venue etc


Remember that if mixing both paintballs & fs (wg combined magazine and hopper) that fs fly faster and your paintballs will need to be at a lower velocity to keep your fs within the maximum velocity
If you're hit by a fs, it's maintained its velocity for longer so they aren't necessarily shooting hot because it comes faster

 

[Tom]

BZ have put together a law blog post with a good summary for new (and existing!) players , see here:


http://p8ntballer-forums.com/threads/paintball-and-the-law.179086/