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Faithfull 30 Piece Metric/a/F Hexagon Key Set - Mixed
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Stanley Long Nose Plier 203mm
Draper 38716 33Pc Security Bit Set
Dewalt Screwdriver Bit Set 10+1
Draper Expert 50579 6 PiecePrecision Screwdriver Set
Fuji Finepix A204 digital camera
Cobra Microtalk 110 PMR446 2-way radio
Anti-social Behaviour Act 2003, and implications for Airsoft gaming in the UK
"I am not, nor have I ever been, a Solicitor (A Solicitor is a properly qualified and accredited UK Legal advisor, similar to a Lawyer in the United States of America). Should you require legal advice within the United Kingdom, you should approach a recognised and properly qualified and accredited UK Solicitor. While I have taken every reasonable care to ensure that the factual data in this article is accurate, I take no responsibility whatsoever for any use, misuse, or other action(s) that you might take in regard to this article."
This article was re-written on the 6th February 2004, to take into account the fact that the The Anti-Social Behaviour Bill 2003 has now become the Anti-social Behaviour Act 2003, now that it has been entered into the statue book, and become Law.
Before I go on, let's get something clear, right from the outset. The article is a personal opinion: I do not speak for anyone else in the UK, although I have sought opinions from others, while writing this article.
So, with the above out of the way, how could this new Act of Parliament affect Airsoft players in the UK?
Not really that much, I think, which is good. Responsible Airsofters already keep their models out of the sight of the general public, and have a valid reason to transport them in public (provided that the models are in gun cases, bags, or otherwise out of easy view), so the new offence of 'being in a public place with an imitation firearm without lawful authority or reasonable cause' shouldn't affect us.
To confirm this, I've also been in correspondence with the Home Office, who tell me (in a letter from the Policing and Crime Reduction Group of the Home Office to me on 27th March 2003) that "An Airsoft skirmisher carrying his guns to and from a game will be considered to have good reason for having them with him. The same will apply to taking guns to and from a gunsmith for repair or taking a new gun home from a dealer";.
The new law will, though, make life considerably more difficult for springer gits, springer kiddies, and other more nefarious types, who nip into a street, or other public place, and cause alarm with their cheap springers bought off a (dubious) street trader, but I think we all appreciate this being an offence, somehow.
In addition, the new age limitation on air weapons and firearms is largely immaterial to us, with one major exception: Even though Airsoft models are not controlled by the Firearms Acts, as they are not 'lethal barrelled weapons', this provision will affect players aged of 17 or under; they will not, under penalty of 6 months imprisonment, be able to own Airsoft models. They will, though, be permitted, under the direct supervision of an appropriate adult (parent/guardian or a person with the permission of said parent/guardian to supervise their child), to use them. It's a bit of a sledgehammer to crack the peanut of springer kids, but time will tell if this proposal actually gets changed to something a bit more easy to cope with for Airsofters, when it's in it's next reading in Parliament.
In re-writing this article, I've ben aided in major part by the Notes reproduced (in full, no less!) below (thanks to JohnJo for bringing them to my attention):
ANTI-SOCIAL BEHAVIOUR ACT 2003: FIREARMSCircular to Chief OfficersSummaryThis circular, which has been prepared in consultation with ACPO and ACPO(S), describes the purpose and effect of the firearms provisions contained in the Anti-social Behaviour Act 2003, which received Royal Assent on 20 November 2003. It gives details of the arrangements for bringing the provisions into force and offers advice and guidance on some of the issues they raise. The Anti-social Behaviour Act 20032. For a number of years there has been a steady rise in the misuse of air weapons and imitation firearms. Much of this is criminal damage and nuisance, often involving young people, but it also includes people who carry imitation firearms in order to intimidate others. The firearms provisions in the Anti-social Behaviour Act are intended to tackle these problems. They also deal with a specific problem concerning air weapons that use a self-contained gas cartridge system, which are particularly vulnerable to conversion to fire live ammunition and have become popular with criminals. Section 37: Possession of air weapon or imitation firearm in public place3. This section will come into force on 20 January 2004. It adds to the list of firearms covered by the offence in section 19 of the Firearms Act 1968 of carrying a firearm in a public place without lawful authority or reasonable excuse. That offence currently applies to loaded shotguns, loaded air weapons or any other firearm (whether loaded or not) together with its ammunition. Subsection 1 of section 37 adds to this unloaded air weapons and imitation firearms. Subsection 3 adds the offence to the list of arrestable offences in England and Wales set out in Schedule 1A to the Police and Criminal Evidence Act 1984. 4. An imitation firearm is already defined in section 57(4) of the 1968 Act and covers anything which has the appearance of being a firearm whether or not it is capable of discharging a shot, bullet or other missile. 5. A public place is also defined in section 57(4) of the 1968 Act. It includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise. 6. There is no statutory definition of a reasonable excuse. This will depend on the facts and circumstances prevailing at the time and police officers will need to exercise discretion when deciding what action, if any, is appropriate in each individual case. It should be borne in mind that the intention of the offence is to protect the public from the misuse of firearms and there is no intention of preventing legitimate activities such as actors using imitations for film or theatrical work or historical re-enactment. Section 38: Air weapons - age limits7. This section also comes into force on 20 January 2004. It makes a number of amendments to sections 22, 23 and 24 of the 1968 Act in order to change the age at which a young person may have an air weapon and to strengthen the supervision requirements. 8. Subsection 2 raises from 14 to 17 the age limit under section 22(4) of the 1968 Act for a young person to have with him an air weapon or ammunition for an air weapon. This means that no-one under 17 will be able to have with them an air weapon at any time unless supervised by someone who is aged at least 21 or as part of an approved target shooting club or shooting gallery. The redundant section 22(5) is omitted. 9. Subsection 3 adds to section 23 of the 1968 Act a new exception to the section 22(4) offence. No offence will be committed under that section if a young person aged 14 to 16 is on private premises and has the consent of the occupier to have an air weapon with him. However, it has been made an offence for anyone benefiting from this exception to fire any missile beyond the premises. Subsection 5 sets the maximum penalty for this offence at a level 3 fine (currently £1,000). 10. Subsection 4 raises from 14 to 17 the age limit in section 24(4) of the 1968 Act. It therefore becomes an offence to make a gift of an air weapon, or ammunition for it, to a person under 17 or to part with possession of an air weapon or ammunition to a person under 17, unless the young person benefits from an exception under section 23 of the 1968 Act (for example, the exception for private premises explained in paragraph 9 above). Section 39: Prohibition of certain air weapons11. This section contains a ban on air weapons that use a self-contained gas cartridge system. Subsection 3 adds to section 5(1) of the 1968 Act "any air rifle, air gun or air pistol that uses, or is designed or adapted for use with, a self-contained gas cartridge system". SCGC weapons are often known as "Brococks" after the main UK importer of the weapons (however, not all weapons manufactured or sold by Brocock Limited are SCGC weapons, and there are also other models of SCGC weapon in circulation which were manufactured or sold by other companies). Weapons that use a CO2 bulb system are not affected because CO2 bulbs do not contain a projectile and are not therefore self-contained. The effect of adding SCGC weapons to section 5(1) is to make them prohibited weapons which cannot be possessed, purchased, acquired, manufactured, sold or transferred without the authority of the Secretary of State. With the exception of the offence of possessing an SCGC weapon, section 39 will come into force on 20 January 2004. 12. The offence of possession is being brought into force separately in order to cater for subsection 4, which makes provision for existing owners to keep and continue to use their weapons, provided they have them entered onto a firearm certificate. Existing owners are those people who possess a SCGC weapon on 20 January 2004. They will not require the Secretary of State's authority to continue to possess their weapon and by virtue of subsection 4 will not need to show good reason when applying to the police for a firearm certificate. However, chief officers will still need to satisfy themselves that applicants are fit to be entrusted with the gun, are not a prohibited person, and will not represent a danger to public safety or to the peace. Subsection 4 also removes good reason considerations when renewing, revoking or partially revoking a certificate for a SCGC weapon. 13. Applicants will be required to put in place appropriate security measures to prevent unauthorised access to their weapon. The level of security required will be the same as for section 1 weapons held on a firearm certificate, as set out in Chapter 19 of Firearms Law: Guidance to the Police. The precise arrangements are for the police to determine based on the level of risk involved in each case, taking account of factors such as local crime rates and location of the property. 14. Given that applicants will not need to show good reason, only the standard certificate conditions are likely to apply. 15. The possession offence will come into force on 30 April 2004. Existing owners have until that date to apply for a firearm certificate. The commencement order for section 39 provides that no offence will be committed where someone has applied for a firearm certificate before 30 April 2004 and their application remains outstanding or is the subject of an outstanding appeal. It has been agreed that existing owners who do not wish to apply for a certificate can hand their weapon into the police for disposal (no compensation is payable for weapons handed in). Again, this must be done before 30 April 2004. 16. Subsection 5 makes clear that the arrangements for existing owners do not apply to registered firearms dealers. This is to avoid dealers retaining stocks of SCGC weapons that they are unable to sell. However, a dealer could apply in an individual capacity to retain SCGC weapons on a firearm certificate for personal use. 17. Retailers will not be able to trade in SCGC weapons from 20 January 2004 although they may continue to possess their existing stock until 30 April 2004. If they wish to sell the weapons abroad or to provide a repair service, they must apply to the Home Office for the Secretary of State's authority and, where necessary, to register with the police as a firearms dealer. Applications must be submitted before 30 April 2004. 18. To help the Home Office monitor implementation of these provisions, police forces are requested to keep records of: a) the number of SCGC weapons handed-in; b) the number of SCGC weapons which are the subject of applications for firearm certificates (both new applications and variations); and c) the number of SCGC weapons in (b) where the application is refused, up to 30 April 2004. 19. Subsection 6 amends the order-making power under section 1 of the Firearms (Amendment) Act 1988 to enable the Secretary of State to prohibit or introduce other controls in respect of any air weapon which appears to him to be especially dangerous. |
So. This confirms what we've been hearing of late: The government has, for once, listened to its' experts, and is not making a knee-jerk reaction. Instead, the effect is measured, restrained, and, frankly, quite intelligent.
In a related note, the Home Office and Forensic Science Service have reviewed their standpoint on muzzle energy as it relates to 'lethality', and are apparently now re-issuing their advice down from 1.35 Joules to 1 Joule.
It'll annoy the players who like their 'sniper' Airsoft models, but, I think, it's a safe trade-off between the practicality of controlling idiots who prat about in public places with Airsoft models, and harm the hobby, and us, as legitimate Airsoft model users.
Let us never forget however, that laws only affect the law-abiding. Hopefully, this new law will help reduce the problems of the gun as a fashion-statement for the so-called 'springer gits'. Never the less, it will do nothing for those that regularly flout the law. For those, only capture, trial, (hopefully) a guilty verdict, and imprisonment will do the job. For that, we need more Police out there.