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Paintball legalities

goldenelite0

Active Member
Jul 1, 2009
102
1
28
Someone on another forum asked me for some advice on the law. I've written out something for them but I understand that the law is really vague and theres been a lot of interpretations but no case set ruling. I just want to check wether I've missed anything or got something wrong. A grammer check won't be minded either. :p I've written this in plain speak rather than copy and pasting bit's of generic law wording.

Laws are normally ambiguous in their content and what they refer to so it's up to judges to interpret how that law was intended to be used. As such I don't think there has been any court case regarding paintball that can be used as an example. I have read the UKPSF and to be honest what they've written is not in normal speak and is difficult to understand. From what I can make out they have interepreted the law in a worst case scenario and are working with advice because there is no court precedent. Here are what I think are the points you need to worry about:

- You need to be at least 16 to own a paintball marker and at least 12 to be able to use one. A lot of shops only sell to 18 year olds but a parent can buy you a paintball gun as a gift providing your 16.

Verdict: Need to be 16 to own a paintball gun


- Any fully automatic mode on a weapon is ILLEGAL in the UK. However paintball guns are NOT classed as air weapons because the paintballs burst on impact, as stated above they are classed as toys. Though in a court case the judge would not consider paintball guns as a toy compared to say a water pistol, it's not gonna be a generalised like that. Fully automatic modes on a paintball gun are therefore currently legal. But I'm pretty sure 100% of sites don't allow it anyway so it's a moot point.

Verdict: Fully auto paintball gun legal, but not field allowed.


- Realistic Replica firearms are toys/weapons that are made specifically to look like a firearm. Replica imitation firearms are just anything that imitates a firearm but doesn't look like one. For example a realistic firearm would be something that looks like a m16, ak47 or anything real world. An imitation firearm could be militarily styled/authentic (say a gun from Halo), or say an ak47 that's painted unrealistically in a shade of pink.

Replica firearms are banned in the UK. Airsofters with realistic looking guns have worked to secure their game and special exceptions to laws were made for them. They can either register for a license at their skirmish field, or they can elect to have their gun turned more than 50% of a bright colour; orange, pink, blue etc.

Immitation firearms are allowed and paintball guns come under this category. In terms of the realistic/imitation argument, the majority of paintball guns do not look like realistic firearms. However because of paintball guns like the Tippman A5, Tm7 and the mag feeding guns do blur the line a little uncomfortably. To me a hopper and gastank (neccessary components) are enough to make them imitation firearms but this is a grey area and a court case would have to decide what makes a paintball gun realistic or not.

Be aware though that the general public will regardless of the guns colour and looks will probably only recognise the barrel and grip. They probably don't know what paintball is or what a paintball gun looks like. You don't what a fireteam unit on your ass so don't carry your gun openly in public.

Verdict: All paintball guns legal. Personally I'd be weary of those mag fed M16's but they're ok for now.


- Your paintball gun cannot exceed more than 330 feet per second and this is a legal requirement. Any more than this is unsafe. The majority of paintball sites hover around 275 and no more than 300.

Verdict: Don't increase the velocity over 330fps and shoot someone. Fields won't let you anyway so don't worry about it.


-
All paintball guns cannot be taken out into any public place or can be seen from a public place.If you do it needs to be hidden from sight in a secure bag or case. You also need to have a good reason to be carrying one (eg going to a paintball game). Same rules applys if you are driving to a game.

Even if your in your own home or car, you gun cannot be viewable from the street. Don't prance with your gun by the window, someone may see and before you know it your house will be surrounded by cops.

Also your paintball gun needs to be dissasembled and unable to fire. Don't worry too much, I would say 'dissasmbled' would be a gun without the tank and barrel screwed in. I don't think you don't need to take the bolt out or anything.

Verdict: Make sure your gun is hidden from view, secure and dissasembled. Also you MUST have a good reason to take it outside the house.


- You are allowed to shoot on private land with the permission of the owner. However you need to be a certain distance from any public road, paths etc, Even public paths that cross the owners land. Hence why you will find that paintball sites are a long way from the main road! I'm not sure of the distance, I think it's 15 yards. Also, some areas may have bylaws that protect nature etc, so you'll need to look those up.

Verdict: You cannot shoot in your backgarden unless your backgarden is a massive field and big enough that your 15yards away from any public place/road/path.


This should cover all the common legalities around paintball that you need to know. Please note however this is only my interpretation as how I have understood the laws, I could be wrong or a precedent could be later made that states something different. If anyone knows that what I've written is wrong then please say so so I can change it.

This post has been edited by GoldenElite0: Today, 11:53 PM
Thoughts?
 

Jckk335_crazy

Always reads never posts
Mar 21, 2008
73
1
0
Durham in the North East
- Any fully automatic mode on a weapon is ILLEGAL in the UK. However paintball guns are NOT classed as air weapons because the paintballs burst on impact, as stated above they are classed as toys. Though in a court case the judge would not consider paintball guns as a toy compared to say a water pistol, it's not gonna be a generalised like that. Fully automatic modes on a paintball gun are therefore currently legal. But I'm pretty sure 100% of sites don't allow it anyway so it's a moot point.

Verdict: Fully auto paintball gun legal, but not field allowed.
That is not true fully auto and burst are banned in the uk and the only firing mode that you are allow is semi. Have you checked out the information on the ukpsf website yet because that has the law for paintballing. Here is the link http://www.ukpsf.com/paintballlaw.asp
 

PaintballWizard

The best in the west!
Oct 5, 2009
209
12
0
Thoughts?
Despite the faults and, Great idea - a quick flick through both confirmed some of the things i thought and changed others.

Thanks alot - can't believe noone had done this sooner.

(£10 says someone posts saying it's already been done :D)
 

Tom

Tom
Nov 27, 2006
4,082
1,211
198
Salisbury
www.TaskForceDelta.co.uk
- You need to be at least 16 to own a paintball marker and at least 12 to be able to use one. A lot of shops only sell to 18 year olds but a parent can buy you a paintball gun as a gift providing your 16.

Verdict: Need to be 16 to own a paintball gun


Realistic Replica firearms are toys/weapons that are made specifically to look like a firearm. Replica imitation firearms are just anything that imitates a firearm but doesn't look like one. For example a realistic firearm would be something that looks like a m16, ak47 or anything real world. An imitation firearm could be militarily styled/authentic (say a gun from Halo), or say an ak47 that's painted unrealistically in a shade of pink.

Replica firearms are banned in the UK. Airsofters with realistic looking guns have worked to secure their game and special exceptions to laws were made for them. They can either register for a license at their skirmish field, or they can elect to have their gun turned more than 50% of a bright colour; orange, pink, blue etc.

Immitation firearms are allowed and paintball guns come under this category. In terms of the realistic/imitation argument, the majority of paintball guns do not look like realistic firearms. However because of paintball guns like the Tippman A5, Tm7 and the mag feeding guns do blur the line a little uncomfortably. To me a hopper and gastank (neccessary components) are enough to make them imitation firearms but this is a grey area and a court case would have to decide what makes a paintball gun realistic or not.

Be aware though that the general public will regardless of the guns colour and looks will probably only recognise the barrel and grip. They probably don't know what paintball is or what a paintball gun looks like. You don't what a fireteam unit on your ass so don't carry your gun openly in public.

Verdict: All paintball guns legal. Personally I'd be weary of those mag fed M16's but they're ok for now.
Age wise you touched on 12 as a minimum. This is not a legality but a UKPSF recommendtion, and requirement on most sites insurance. So there is not a legal minimum, but a practical minimum.

Prior to 16 a marker can be owned on your behalf - e.g. by your parents. This is a legal problem if a 15 year old travels with the marker without an adult
----------
Wording on realistic firearms is confusing.
The term is 'Realistic Imitation Firearm'.
Any posessed by October 07 remain legal. What is illegal is manufacture / sale etc unless for an exclusion.
Airsoft have an exclusion due to the industry co-operating with the Home Office and introducing a membership scheme, there are various other exclusions. Some people are of the opinion that scenario paintball can fall within re-enactment, but to qualify teams would have to form as a society and re-enact, not just attend a scenario based game.
What makes anything a RIF is whether it is distinguishable from a real firearm. A mag fed marker would fail the test.
(But RAP4 UK are now in business supplying them in the UK-however supplying a RIF is not illegal if it is in reference to an exclusion)
SciFi style does not prevent something being a RIF - it isthe opinion of the person making the judgement.
2 tone bright colours prevent anything being a RIF. But if the owner repaints without an exclusion then they have illegaly manufactured a RIF.
There is no paintball exclusion, however I have managed to import an airosft grenade launcher and declared scenario paintball.
 

goldenelite0

Active Member
Jul 1, 2009
102
1
28
That is not true fully auto and burst are banned in the uk and the only firing mode that you are allow is semi. Have you checked out the information on the ukpsf website yet because that has the law for paintballing. Here is the link http://www.ukpsf.com/paintballlaw.asp
This is what confuses me the most. Fully Auto is banned on air weapons BUT paintball guns are not classed as weapons because the projectile bursts on impact. Airsoft is also not considered an air weapon but they ARE allowed full auto modes?

Also paintball shops sell full-auto capable markers, or at least, a lot of people I know have full-auto Tippmanns somehow. If I so wished, my SP1 can be sent to SmartParts UK and have the American full auto and burst modes put on it. Surely a company like SmartParts would know the legalities of this?

What I think is happened is just different interpretations. I don't think paintball is mentioned specifically in this law and so it would need a court case to finally settle whats what. The UKPSF I think have only written whats been recommended/predicted by a law expert, but I think the way it's typed on their site is either misrepresented or is a mistake because if it was actual law then how the hell can SmartParts carry on doing the full-auto upgrade?

FURTHER EXPLANATION IS NEEDED
 

goldenelite0

Active Member
Jul 1, 2009
102
1
28
I'd also like to add that Airsoft doesn't count as an air weapon because Airsofters managed to get an exclusion in the law. Paintball didn't need to get this exclusion because projectiles that burst on impact can't be a weapon.
 

Dark Warrior

www.paintballscene.co.uk
Nov 28, 2002
6,190
23
0
www.paintballscene.co.uk
Amended

Laws are normally ambiguous in their content and what they refer to so it's up to judges to interpret how that law was intended to be used. As such I don't think there has been any court case regarding paintball that can be used as an example. I have read the UKPSF and to be honest what they've written is not in normal speak and is difficult to understand. From what I can make out they have interepreted the law in a worst case scenario and are working with advice because there is no court precedent. Here are what I think are the points you need to worry about:

- You need to be at least 16 to own a paintball marker and at least 12 to be able to use one. A lot of shops only sell to 18 year olds but a parent can buy you a paintball gun as a gift providing your 16.

Verdict: Need to be 16 to own a paintball gun, any one under 18 needs to be adult supervised


- Any fully automatic mode on a weapon is ILLEGAL in the UK. However paintball guns are NOT classed as air weapons because the paintballs burst on impact, as stated above they are classed as toys. Though in a court case the judge would not consider paintball guns as a toy compared to say a water pistol, it's not gonna be a generalised like that. Fully automatic modes on a paintball gun are therefore currently legal. But I'm pretty sure 100% of sites don't allow it anyway so it's a moot point.

Verdict: Fully auto mode is illegal to use on sites due to insurance and UKPSF recommendation


- Realistic Replica firearms are toys/weapons that are made specifically to look like a firearm. Replica imitation firearms are just anything that imitates a firearm but doesn't look like one. For example a realistic firearm would be something that looks like a m16, ak47 or anything real world. An imitation firearm could be militarily styled/authentic (say a gun from Halo), or say an ak47 that's painted unrealistically in a shade of pink.

Replica firearms are banned in the UK. Airsofters with realistic looking guns have worked to secure their game and special exceptions to laws were made for them. They can either register for a license at their skirmish field, or they can elect to have their gun turned more than 50% of a bright colour; orange, pink, blue etc.

Immitation firearms are allowed and paintball guns come under this category. In terms of the realistic/imitation argument, the majority of paintball guns do not look like realistic firearms. However because of paintball guns like the Tippman A5, Tm7 and the mag feeding guns do blur the line a little uncomfortably. To me a hopper and gastank (neccessary components) are enough to make them imitation firearms but this is a grey area and a court case would have to decide what makes a paintball gun realistic or not.

Be aware though that the general public will regardless of the guns colour and looks will probably only recognise the barrel and grip. They probably don't know what paintball is or what a paintball gun looks like. You don't what a fireteam unit on your ass so don't carry your gun openly in public.

Verdict: All paintball guns legal, but you are required to keep it covered at all times whilst carrying it in public


Your paintball gun cannot exceed more than 330 feet per second and this is a legal requirement. Any more than this is unsafe. The majority of paintball sites hover around 275 and no more than 300.

Verdict: Don't increase the velocity over 300fps. Ensure that the field you play at has a chronograph so that you can check the velocity for your own peace of mind, whether it is site equipment or your own.


-
All paintball guns cannot be taken out into any public place or can be seen from a public place. If you do it needs to be hidden from sight in a secure bag or case. You also need to have a good reason to be carrying one (eg going to a paintball game). Same rules applys if you are driving to a game.

Even if your in your own home or car, you gun cannot be viewable from the street. Don't prance with your gun by the window, someone may see and before you know it your house will be surrounded by cops.

Also your paintball gun needs to be dissasembled and unable to fire. Don't worry too much, I would say 'dissasmbled' would be a gun without the tank and hopper. I don't think you don't need to take the bolt out or anything.

Verdict: Make sure your gun is hidden from view, secure and dissasembled. Also you MUST have a good reason to take it outside the boundaries of your house and garden.


- You are allowed to shoot on private land with the permission of the owner. However you need to be a certain distance from any public road, paths etc, Even public paths that cross the owners land. Hence why you will find that paintball sites are a long way from the main road! I'm not sure of the distance, I think it's 15 yards. Also, some areas may have bylaws that protect nature etc, so you'll need to look those up.

Verdict: You can shoot in your backgarden, but make sure it is enclosed and the paintballs do not leave the boundary of your property. Please make sure your neighbours are aware of your hobby and keep noise to a minimum. At no time fire your marker at a living creature.

This should cover all the common legalities around paintball that you need to know. Please note however this is only my interpretation as how I have understood the laws, I could be wrong or a precedent could be later made that states something different. If anyone knows that what I've written is wrong then please say so so I can change it.

This post has been edited by GoldenElite0: Today, 11:53 PM
 

Devrij

Sex-terrorist
Dec 3, 2007
1,341
2
63
38
Bristol
I would check that distance on that last point, I think it might be more than 15 yards. It is indeed okay, as posted in the mod amended version, to fire your marker in your backyard provided: a) the balls do not leave your property b) your backyard is further than 15(?) yards from the road. That last point precludes most city dwellers from firing their markers in their backyards so please be aware of that before you go ahead chronoing in your drive. Also be aware of noise regulations before you gas up your marker at 3am to see if you fixed that leak :rolleyes:
 

Gadget

Platinum Member
Jul 16, 2002
1,759
619
148
Essex, UK
I'd echo DW's amendment on velocity - although 330fps might equate to 12ft/lbs, I'd only mention the figure of 300fps, as that is the industry-wide standard max velocity for play and higher velocities could potentially compromise safety equipment (masks/goggles).

The law regarding use on private land is that you should not discharge an airgun within 50 feet of the centre of a public highway. A highway being a road, public footpath or bridle-path (not neighbouring gardens - although common sense is required here).

A comment on layout - it doesn't scan well having the explanation above the headline 'verdict'. It would make more sense to have each 'verdict' as a straightforward bullet point with the explanation beneath it. But that might just be me ;)
 

goldenelite0

Active Member
Jul 1, 2009
102
1
28
But that might just be me ;)
Lol.

Well when I've got more research I'll rewrite it. I want to try and have a kill all post for all forums because it seems to me that the information varies depending on what forum you go to.