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VCR ACT Regulations - Explanatory Notes.

On October 1st 2007, Sections 31, 32, 33 & 34 (air weapons), 36, 37, 38, 39 & 40 (realistic imitation firearms and imitation firearms), will come into force.

In respect of air weapons the Violent Crime Reduction Act only addresses the sale, transfer, acquisition and use of those air weapons which are not declared 'specially dangerous', i.e. those air rifles which have a muzzle energy not in excess of 12 ft. lbs. and those air pistols with a muzzle energy not in excess of 6 ft. lbs. (These are generally referred to as 'low-powered air weapons').

Sections 31, 32, 33 & 34:

If you wish to continue selling air weapons by way of trade or business you must:

Be registered as a Registered Firearms Dealer (RFD) by October 1st. The process requires filling in an application form, available from your police headquarters, and paying £150 for a three year certification. The applicant will be interviewed by a Firearms Enquiry Officer and, having fulfilled the statutory requirements, he will be registered with his local constabulary. An RFD selling only air weapons will have a condition on his Certificate stating what he may sell.
The applicant's premises will be inspected for compliance with security requirements, which are laid down in the Home Office Guidance. For those RFD's selling air weapons only the requirements for security will comprise of 'reasonable precautions' for the safety of the air weapons. These will most likely be: a padlock and chain (or 'Securicord'), through trigger guards whilst the air weapons are on display and the premises are open to the public and, at night when the premises are closed, for the air weapons to locked away out of sight from the public.

From October 1st 2007 all air weapon sales and transfers by a Registered Firearms Dealer must be entered into a Statutory Firearms Register.

An RFD is obliged to keep a Statutory Firearms Register in which must be entered all sales, purchases and transfers of firearms, including air weapons.

The details which must be entered into the Register are:

• The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.
• The quantities and descriptions of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.

The description of air weapons is:

1. the class of air weapon (e.g. air rifle, air gun or air pistol);
2. the make, type or distinctive name of the air weapon;
3. the calibre;
4. the identification number or other distinguishing mark, if present;
5. the maker's name if known.

Where air weapons are sold, or transferred between RFD's the requirement for entry in the Register is: the quantity of air weapons, the class of air weapon (i.e. air rifle, air gun or air pistol), and the details of both dealers.

From October 1st RFD's will be required to enter the stock of air weapons held into the Register.

The Regulations state that certain 'component parts' and 'accessories' of air weapons will also have to be entered into the Register. Whilst there is no legal definition of a component part this will mean pressure bearing parts of air weapons such as the barrel, cylinder or reservoir and the piston. 'Accessory' will mean a sound moderator (silencer). Stocks of these items for sale and actual sales and transfers will have to be entered in to the Register.

From October 1st all air weapon sales to non RFD's will have to be in person, i.e. 'face to face'. (This means that mail order sales will be banned. Air weapons may continue to be advertised but the actual physical transfer from RFD to purchaser must be in person).

(Private sales of air weapons will not be banned neither will the possession of air weapons).

From October 1st all references in legislation to the age of seventeen in regard to air weapons will change to eighteen, including:

From October 1st it will be an offence for anybody under 18 to purchase or hire an air weapon or ammunition for an air weapon.

From October 1st it will be an offence to sell or let on hire an air weapon or ammunition for an air weapon to a person under the age of 18.

It will not be a requirement to be an RFD to sell air weapon ammunition or those parts of air weapons not listed as 'component parts' or 'accessories' which require entry into the Statutory Register.

It will not be a requirement to be an RFD to repair an air weapon with those parts not listed as 'component parts' or 'accessories' which require entry into the Statutory Register.

It will not be an offence to return a repaired air weapon by post, or other means, after repair.

Sections 36, 37, 38, 39 & 40:

Section 36 makes it an offence to:

Manufacture a realistic imitation firearm.

Modify an imitation firearm so it becomes a realistic imitation firearm.

Sell a realistic imitation firearm.

Bring a realistic imitation firearm in to Great Britain or cause one to be brought in to Great Britain.

A realistic imitation firearm is one which, for all intents and purposes, is indistinguishable from a real firearm. (A de-activated firearm is not a realistic imitation firearm, neither is an antique imitation). An imitation firearm that is not a realistic imitation firearm may be sold, manufactured, imported, etc. if it meets certain criteria, including principal colour, shape and size.
The principal colours are:

(a) bright red
(b) bright orange
(c) bright yellow
(d) bright green
(e) bright pink
(f) bright purple; and
(g) bright blue

The Act permits importation, sales, and transactions in imitation firearms manufactured in a transparent material.

Any imitation firearm that has dimensions which are less than 38 mm in height and 70 mm. in length will not be regarded as being realistic.

Further criteria apply to 'modern firearms'. It will not be an offence to sell, etc. an imitation firearm which could be identified as an imitation of a firearm which has; 'the design and mechanism of a sort first dating from before the year 1870'

Section 37 of the Act allows for certain exemptions from the requirements of the Act (as do certain Regulations which allow for a defence).

Certain bodies will be permitted to purchase realistic imitation firearms from sellers for specific activities, which will include:

Use at theatrical performances, and in rehearsals, use in television production, use in film production and use in the organisation and holding of historical re-enactments.

Further defences will apply for the activity of airsoft 'skirmishing', where the organisers are in possession of public liability insurance.

It will be an offence for a person under the age of 18 to purchase an imitation firearm and it will be an offence to sell an imitation firearm to a person under the age of 18.

The possession of realistic imitation firearms and imitation firearms will not be affected by the VCR Act.

It will be an offence to import or manufacture an imitation firearm which does not conform to specifications which will be set out by the Authorities in the Regulations.

The Home Office will publish specifications for blank-firing imitation firearms which will make it a requirement for the blank firer to have certain inclusions/restrictions within the fabric of the imitation in order to prevent them from being readily converted into live firing firearms. These specifications will be able to be verified through a testing procedure which will be conducted by the Proof Authorities. The importer/seller of the blank firer will be required to satisfy themselves that the imitation firearm meets the specification laid down.

Similar provisions for realistic imitation firearms, and imitation firearms, will apply to Northern Ireland.