Paintball and the law
- Thread starter Tom
- Start date
Here’s one that may be of concern to paintballers in Scotland
Though there is more than meets the eye to this case
(CID attended a property regarding witnessing a traffic offence ??????) *
The Scottish airgun licence/certificate has been cited when impounding a 0.43” umarex pistol
This could affect the original interpretation that paintball (due to frangibility) was out of scope
But in this case the Umarex was loaded with rubber balls (not frangible) plus co2, and also in a bedside drawer (a whole new can of legal worms on self defence weapons)
* (and the boyfriend who has posted this on Facebook has a record of spent airgun convictions)
Facebook
www.facebook.com
Though there is more than meets the eye to this case
(CID attended a property regarding witnessing a traffic offence ??????) *
The Scottish airgun licence/certificate has been cited when impounding a 0.43” umarex pistol
This could affect the original interpretation that paintball (due to frangibility) was out of scope
But in this case the Umarex was loaded with rubber balls (not frangible) plus co2, and also in a bedside drawer (a whole new can of legal worms on self defence weapons)
* (and the boyfriend who has posted this on Facebook has a record of spent airgun convictions)
www.facebook.com
I can't speak for Scotland on that one but in Northern Ireland a paintball gun 100% is classed as a firearm, as are sub 12ft/lb airguns, as such they require a FAC.
Airsoft guns do not, though we are limited to 1ft/lb energy which equates to 328fps, anything above that WILL require a FAC.
Reading through that above quickly, I'd say the OP is talking ****e and there's more to it than that, it's a sawn off shotgun replica, you could rob a post office with it and joe public would be none the wiser. A mentioned, the police don't simply land at your door and root through your house without a reason.
Airsoft guns do not, though we are limited to 1ft/lb energy which equates to 328fps, anything above that WILL require a FAC.
Reading through that above quickly, I'd say the OP is talking ****e and there's more to it than that, it's a sawn off shotgun replica, you could rob a post office with it and joe public would be none the wiser. A mentioned, the police don't simply land at your door and root through your house without a reason.
That would be people who do their plinking from the bedside table and in post offices or banks
Latest news from the UKPSF player member AGM 2022
https://p8ntballer-forums.com/threads/ukpsf-players-agm.183464/#post-1638225
https://p8ntballer-forums.com/threads/ukpsf-annual-players-agm-24-march-2022.183463/
The big headline news is that following the commissioning of a barrister for a review of the law in relation to paintball the UKPSF guidance in regard to the VCRA is that we can no longer hope to rely on frangibility.
Recommendations are that buyers are UKPSF members
Retailers are implementation membership validation.
To purchase a paintball gun/marker in the UK the buyer will need to be aged 18 and have current UKPSF membership
For private sales it’s up to the seller
For import it’s up to the buyer and whether or not they can convince the carrier and/or Border Force to allow it to come through - therefore it would be advisable to sign up enabling you to show you’re a ‘responsible’ player
https://p8ntballer-forums.com/threads/ukpsf-players-agm.183464/#post-1638225
https://p8ntballer-forums.com/threads/ukpsf-annual-players-agm-24-march-2022.183463/
The big headline news is that following the commissioning of a barrister for a review of the law in relation to paintball the UKPSF guidance in regard to the VCRA is that we can no longer hope to rely on frangibility.
Recommendations are that buyers are UKPSF members
Retailers are implementation membership validation.
To purchase a paintball gun/marker in the UK the buyer will need to be aged 18 and have current UKPSF membership
For private sales it’s up to the seller
For import it’s up to the buyer and whether or not they can convince the carrier and/or Border Force to allow it to come through - therefore it would be advisable to sign up enabling you to show you’re a ‘responsible’ player
A summary by the UKPSF ….
With the ever-increasing likeness of Paintball markers to “real guns”, the UKPSF approached a Barrister that is an expert in this field to ask his opinion on where Paintball stands with the law in the UK. After several months of going back on forth we feel we have a good ‘opinion’ and something that will steer us forward if Paintball is ever threatened.
Firstly, why is this only an opinion?
As there has never been a case in law, there can be nothing other than a well-educated, informed opinion. However, we must base how we act and conduct ourselves as an industry against something, and the ‘opinion’ we have received is the most comprehensive documents we have ever seen for Paintball and UK law.
The key points of the opinion are as follows (please bear in mind this is only an opinion from our Barrister):
• The legal classification of a Paintball Marker is that as it is an air weapon that produces under 12 ft. lbs, but over 1 Joule. It is a ‘firearm’ but of a type that in England and Wales does not require certification. Certification is required in Scotland for air weapons, but does not appear to be applied to Paintball markers, probably because of the Home Office view that they are not ‘weapons’.
• Paintballing is a permitted purpose under the VCRA.
• An individual or retailer who manufactures, imports, or sells a Paintball Marker which is also a RIF commits an offence under the VCRA if the importation or sale is not for a permitted purpose, but can sell them for paintballing. It is not an offense to own a Paintball marker.
• Some Paintball Markers are RIF’s (Real Imitation Firearms) according to the ‘opinion’ but can still be manufactured, sold, and used in the UK for a ‘Permitted Activity’. It is highly recommended that ALL sales of Paintball markers ask for UKPSF membership as joining the UKPSF shows intent to play Paintball, which is a permitted activity.
• The person buying the Paintball Marker must be over 18 years of age (but can then gift it to people under 18, i.e. a parent can buy one for a minor).
• Paintball markers can only be used for permitted activities, such as skirmishing and re-enactment where suitable third-party liability insurance is in place.
• There is NO requirement to have played X number of times like Airsoft (UKARA) requires.
• Non-Frangible rounds should not be sold or associated with Paintball markers. The UKPSF stance on this is that if the Paintball marker shoot anything other than a frangible Paintball it is no longer a Paintball marker.
The UKPSF are not making up rules. We have sought the opinion of an expert and we are following those opinions. The UKPSF are trying to keep Paintball safe and legal within the UK. We are happy to answer questions. Please email: info@ukpsf.com or comment on the UKPSF Facebook page. We will avoid commenting on other forums / pages to keep answers in one location.
With the ever-increasing likeness of Paintball markers to “real guns”, the UKPSF approached a Barrister that is an expert in this field to ask his opinion on where Paintball stands with the law in the UK. After several months of going back on forth we feel we have a good ‘opinion’ and something that will steer us forward if Paintball is ever threatened.
Firstly, why is this only an opinion?
As there has never been a case in law, there can be nothing other than a well-educated, informed opinion. However, we must base how we act and conduct ourselves as an industry against something, and the ‘opinion’ we have received is the most comprehensive documents we have ever seen for Paintball and UK law.
The key points of the opinion are as follows (please bear in mind this is only an opinion from our Barrister):
• The legal classification of a Paintball Marker is that as it is an air weapon that produces under 12 ft. lbs, but over 1 Joule. It is a ‘firearm’ but of a type that in England and Wales does not require certification. Certification is required in Scotland for air weapons, but does not appear to be applied to Paintball markers, probably because of the Home Office view that they are not ‘weapons’.
• Paintballing is a permitted purpose under the VCRA.
• An individual or retailer who manufactures, imports, or sells a Paintball Marker which is also a RIF commits an offence under the VCRA if the importation or sale is not for a permitted purpose, but can sell them for paintballing. It is not an offense to own a Paintball marker.
• Some Paintball Markers are RIF’s (Real Imitation Firearms) according to the ‘opinion’ but can still be manufactured, sold, and used in the UK for a ‘Permitted Activity’. It is highly recommended that ALL sales of Paintball markers ask for UKPSF membership as joining the UKPSF shows intent to play Paintball, which is a permitted activity.
• The person buying the Paintball Marker must be over 18 years of age (but can then gift it to people under 18, i.e. a parent can buy one for a minor).
• Paintball markers can only be used for permitted activities, such as skirmishing and re-enactment where suitable third-party liability insurance is in place.
• There is NO requirement to have played X number of times like Airsoft (UKARA) requires.
• Non-Frangible rounds should not be sold or associated with Paintball markers. The UKPSF stance on this is that if the Paintball marker shoot anything other than a frangible Paintball it is no longer a Paintball marker.
The UKPSF are not making up rules. We have sought the opinion of an expert and we are following those opinions. The UKPSF are trying to keep Paintball safe and legal within the UK. We are happy to answer questions. Please email: info@ukpsf.com or comment on the UKPSF Facebook page. We will avoid commenting on other forums / pages to keep answers in one location.
