The case for an exemption from the provisions of Section 30 of the VCR. Prepared on behalf of the following:

1. Association of British Airsoft
2. The United Kingdom Airsoft Retailers Association
3. The United Kingdom Airsoft Sites Governing Body

Introduction

It is clear from the Home Office figures for the year 2002-2003 that the misuse of realistic imitation firearms is a growing problem for our society. There also appears to be a greater public fear of firearms offences partly fuelled by the Home Offices own figures and by what might be called sensationalist journalism, where headlines count for more than factual research. However, we do accept that there is a problem with the misuse of realistic imitation firearms. This misuse is recognized within the Airsoft skirmishing community, and indeed was the subject of correspondence between the organizer of the Fireball Squadron Airsoft Site in Birmingham and West Midlands Police as far back as 2002 (copies of which are on file with the HO).

It is also apparent from research disclosed by Greater Manchester Police at a recent stakeholder meeting that the average age of a victim of crime relating to realistic imitation firearms is 13 and that the average age of the perpetrators is also 13. We also accept that there is the potential for misuse by older criminals. However, the gathering of the data which applies to realistic imitation firearms is so broadly construed in relation to what is a realistic imitation firearm, as to be next to useless as far as serious research into whether the realistic imitation firearms used in Airsoft skirmishing and related legitimate leisure activities are actually used in these offences. The fact that no data exists as to the manufacturers details is worrying given the broad brush approach of this piece of legislation.

This notwithstanding, the Airsoft community does recognize the government’s aim of reducing violent crime involving imitation firearms and we feel that in the absence of an amendment the proposal outlined within this document will allow the continued sale of Airsoft imitation firearms for Airsoft skirmishing whilst enhancing public safety and providing an audit trail in relation to those sales.

Aim of the VCR

We understand that the Home Office’s stated aim of the bill is to:

"...save police time dealing with crimes involving imitation firearms, in particular by persons under the age of 18, and to prevent the manufacture of particularly realistic imitations."
Source: Home Office Regulatory Impact Statement

Indeed Home Office Minister Hazel Blears is reported as saying that:

"This is aimed at a particular mischief within our society. We have seen a virtual explosion of offences involving the use of replica firearms. I want to consult and make sure we get it right. I am not interested in legislation which catches the wrong people."
Source: BASC.org

Whilst Airsoft skirmishes would accept that there is misuse they would also argue that this legislation - without an exemption - will indeed catch the wrong people i.e. Airsoft skirmishers. The same could also be said to be true of Practical Pistol Shooters, Historical Re-enactors, Living History groups and the Film and Television industry. In order to further this argument some explanation is required.

What is Airsoft skirmishing?

History

The term ‘Airsoft’ was coined by Japanese manufacturers 20 years ago when the first plastic BB (Bullet Ball) firing replicas were produced. Since then, technology and the market have developed to produce models with a wide variety of applications. Airsoft replicas first entered the UK about the same time as they arrived on the Asian market, but it was not until the mid 1990’s that the first high grade models were imported in to this country.

With the popularity of Paintball and indoor games like Laser Quest/Quasar expanding, it was not long before Airsoft replicas were being used in a similar way. Since then, an expanding industry has developed in the UK which is servicing a rapidly growing and varied market, both for recreational and professional purposes.

However, unlike Paintball and Laser Quest, Airsoft skirmishing is primarily a game of honesty. Players are neither marked with paint as in Paintball, nor are they affected by an alarm system as in Laser Quest. Players are expected to take their ‘hits’ even if they are unsure as to whether they have actually been hit or not. There is a significant amount of re-enactment involved in Airsoft skirmishing as players buy equipment, uniforms and tactical gear to represent particular units.

Current use of Airsoft replicas within the UK

Airsoft Sport or ‘Skirmishing’

Skirmishing has its origins in paintball and to an extent is conducted in a very similar fashion. It differs in that the level of realism experienced by players is much greater, and this is almost entirely due to the nature and operation of Airsoft replicas.

The safe and lawful use of replicas is of paramount importance, and all UK sites strive to ensure that they comply fully with these aspirations. The industry, and the customers it serves, are only too aware of the current climate within the UK regarding anything connected with guns, and are sensitive to the feelings and perceptions of others.

There are two distinct formats in which Airsoft games operate: Commercial sites and, to a lesser extent, games run on private land, often on a not-for-profit basis. There are as many as 5000 players meeting on a weekly basis, with more than double that participating less regularly.

Sites

There are over 100 Airsoft sites in the UK which are run as businesses or clubs; this figure does not include the many pistol shooting clubs that use Airsoft pistols.

The following points should be common to all commercially operated sites:

Adherence to all relevant UK Laws

• Proper administration and supervision of site and players. This covers all aspect of the site, from safety through to the appropriate supervision of games by marshals under the control of the site organiser
• Appropriate written permission to use the land from the owner, or outright ownership of the land used
• Suitable first aid provision
• Where applicable, adherence to all legal requirements concerning the care and safety of children
• Provision of suitable facilities – changing rooms, toilet facilities, food & drink
• Suitable insurance that permits Airsoft activity
• The site may be a member of the UK Airsoft Sites Governing Body, although this is not mandatory at present

Private Land

Airsoft is also practiced and played on private land throughout the UK.

Generally this will involve a group of like-minded players who get together for more informal play, or to practice prior to playing at a commercial site.

In these circumstances, the following criteria would be expected to apply:

• Ownership of the land played upon, or written permission from the land owner
• Games conducted in a safe and responsible manner
• Steps taken to ensure that no Airsoft related activity impacts beyond the borders of the land in use

Who plays Airsoft in the UK?

Players tend to fall into two categories: they are either a ‘walk on’, who has all his own equipment, or a hirer.

A ‘walk on’ tends to be a more experienced player who has tried the sport and has decided to continue playing as regular participant. They will have all the necessary equipment for the day which they have often acquired over a period of time.

A hirer is usually a novice player who is trying the sport to see if it suits them. They are supplied with all the necessary equipment for a days play and receive detailed instruction in its safe and effective use. A hirer normally has the opportunity to try out different styles of Airsoft gun, which is important if purchasing their own equipment is their eventual aim. Hirers can be individuals or groups. Many other organizations and groups such as workplace social clubs have ‘outings’ to an Airsoft site to have a fun day doing something different.

Corporate Events & Entertainment

There are many corporate team building events which use Airsoft. Airsoft tends to be a much more tactical game than paintball, so is better suited to developing and demonstrating certain skills. Scenarios can be built throughout a site to test and challenge participants as required and there are several management training schemes that use Airsoft sites as part of their programmes.

Airsoft guns are also ideal training aids for those whose work involves the use of real firearms as they require the user to wear a minimal amount of additional protection and the replicas function in a manner very similar to the guns they are modeled on. It is known that a number of Armed Police Officers within the UK are active participants in the activity.

How the VCR will affect Airsoft

Whilst the VCR without an exemption would remove virtually all retailers from the marketplace, some may continue selling accessories and spare parts. Sites would be able to maintain their own hire guns but would not be able to replace un-repairable models with new ones. Eventually Airsoft Skirmishing would cease to exist as sites become commercially unviable due to dwindling player numbers.

The Proposal

This proposal for an exemption is made on behalf of the ABA, UKARA and the UKASGB. By making such a proposal we recognize our responsibilities in respect of the control of sites and players in the Airsoft skirmishing community and to address the concerns of Her Majesty’s Government in relation to Airsoft skirmishing.

We propose that a scheme which to a large extent mirrors that of the one currently in use by the English Karate Governing Body in respect of Martial Arts is adopted. The aim of the scheme is to allow the continued sale of realistic imitation firearms used in Airsoft skirmishing, whilst at the same time enhancing public safety and providing an audit trail for such sales. We envisage that the scheme would to a large extent be completely self-financing and, by allowing the continued import of some realistic imitation firearms would generate income for the Treasury in the form of VAT and Import Duty.

The scheme would also by its nature produce an audit trail from importer to end user.

The Scheme would involve the following:

• The ABA would undertake to issue Player Licenses. This would result in recognized players.
• The UKASGB would undertake to register, monitor standards and regulate itsmember sites. The sites would either register with the police or the local authority.
• Not all sites are members of the UKASGB for varying reasons. However, we feelthat this should not preclude them from forming their own body and then applyingfor HO recognition.
• UKARA would undertake to register dedicated Airsoft retailers and provideguidelines and standards for their operation. We also propose that dedicatedAirsoft retailers be registered with the local constabulary so as to provide an audittrail that is transparent and clear for examination.

We envisage that a player would have to attend a number of Skirmishes (at present it is generally held that those wishing to join a firearms club have to attend on 3 occasions within their probationary period) before he becomes entitled to become a member of the ABA and apply for his Players License. He would apply on a standard ABA form when he attends the site. At this time he would pay a license fee to the site. The site would then forward the application form together with the license fee (less admin costs) to the ABA.

The ABA would then process the application and allocate a membership number and a license. At this stage we envisage that a verification process similar to that required in relation to anti money-laundering procedures would be undertaken. However, many younger players may not have utility bills in their own names.

We envisage that there will be 2 main types of license: An adult one for players over the age of 18 and a junior one where players are under the age of 18. The junior license would be in 2 parts - one for the junior player and one for his parents or guardian so that they could buy equipment on his behalf. Players, once they have received their license (which identifies them as being a legitimate user), would then be able to purchase Airsoft guns from dedicated Airsoft retailers.

Once a player has a membership number we feel that personal imports could also continue but appreciate that they may have to be subject to much tighter control. We envisage that the players would have to submit their membership number to HM Customs and the carrier, along with the velocity declaration that some carriers currently insist on. The membership number could then be checked with regard to whether all the details are correct by accessing the ABA’s database. We recognize that this would inevitably have some cost implications that would be passed onto the players by an increase in the carrier’s brokerage fee. This would also produce an audit trail from import to end user.

Not only will this scheme deal effectively with new sales but it can also be used to broker secondhand sales between members either via the sites, or a secure internet forum, where it will be a necessary prerequisite for both parties to hold a valid player license. Again an audit trail would be created in relation to each transaction.

We feel that this provides a solution to the problem outlined by Ms Blears above. It would eliminate market stall, car boot and other unscrupulous dealers in realistic imitation firearms and permit the existence of retailers who have a proven commitment toAirsoft skirmishing.

This scheme could also be adopted in relation to the purchase of Airsoft guns by other groups such as the Military Vehicle Trust, Film and Television Companies, Military Re-enactors, Living History groups and Practical Pistol Shooters who have all been encouraged to use Airsoft or deactivated weapons instead of the real thing or have been banned from using the real firearms altogether.

How quickly can this scheme be brought into operation?

At present, as the Home Office is aware, the ABA is an embryonic organization that can be fully constituted within a relatively short space of time. We feel that its constitution- especially with regard to its Player licensing role - can only be completed with some Home Office involvement.

The UKASGB is the body with the longest history and was set up with the assistance of Sport England. It is the view of the UKASGB’s committee that its member sites would require little extra work to fulfill their part of the scheme.

As far as UKARA is concerned the retailers who are current members would be seen as retailers who specialize in supplying Airsoft skirmishers and practical pistol shooters as well as film and television. These retailers would still need to have the ability to import realistic imitation firearms. Their ranks may swell where sites which have no retailers close to them open small retail parts to their businesses.

All sites and retailers would need access to the database of licensed players held by the ABA. Such a database would need to be designed and tested to address security issues but there are enough experts within the Airsoft community who could design such a secure database.

We appreciate that this is only the basis of a scheme with many details to be worked out over the next few months, if the Ministers are minded to accept our proposal.