Legal issues in airsoft
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Airsoft is a modern shooting sport. Airsoft guns themselves are legal in many parts of the world, although some countries have specific restrictions such as maximum muzzle energy, rules against using the trademarks of real firearms and special marking requirements (such as bright orange barrel tips).
[edit] Australia
Airsoft guns are illegal to own or possess without appropriate license or permit in most states of Australia under state and federal law. Each Australian state has slightly different regulations on airsoft replicas. The regulations of some states are as follows:
- New South Wales: All replica or imitation firearms are classified as prohibited firearms and it is illegal for an individual to own or possess one in NSW without the authority of a permit, and permits for prohibited firearms are restricted to people and/or organisations who have a specific purpose, for example Theatrical Armourers. NSW Police Ballistics Unit have classified the Airsoft range as prohibited firearms due to their similar appearance to actual firearms.
- Queensland: Airsoft replicas that have automatic firing and/or similar appearance to prohibited automatic military style assault weapons or machine guns are prohibited to own or posses. Other single shot and semiauto airsoft replicas are classed under License Categories A, B or H.
- South Australia: Airsoft firearms that have a velocity 1 metre from the muzzle of under 180 foot per second are not firearms in South Australia hence not restricted. Airsoft firearms above 180 foot per second 1m from the muzzle are firearms and depending on calibre for long arms will be either an A or B class firearm. Hand guns are H Class.
- Victoria: Airsoft articles are not permitted in Victoria under the Victorian Legislation and Victoria Police will not issue any authorisation for their importation.
Currently single shot spring powered airsoft guns commonly referred to as sniper rifles (that do not replicate automatic weapons) and gas powered hand guns (without automatic function) may be (technically) imported into some Australian states, such as Queensland. To own, possess or import these devices one requires appropriate license/permission from the weapons licensing branch of each state, and to gain such license/permission, one requires a "genuine reason" among other things. Airsoft is not considered a genuine reason because a) there is no such sport and b)no range will permit the use of airsoft guns anyway. So practically there is no way to own, import, possess or use an airsoft gun in Australia.
Airsoft in Australia though practically non existent is being represented by Airsoft Australia and more recently by the Australian Airsoft Council; both groups are attempting to lift or alter the restrictions and bring the sport down under.
[edit] Austria
Airsoft guns and pistols with more than 0.08 joule can be purchased in specialized weapon shops only. All users have to be at least 18 years old.
[edit] Belgium
In Belgium, airsoft guns and pistols can only be bought at officially licensed dealers, carrying a government permit along with a certified weapon of defense (W.O.D.) to import and sell firearms. While it is forbidden to display or carry airsoft replicas in public, owing and renting them out is unrestricted. Sale of airsoft replicas to minors is forbidden, including sale over the internet (such as e-bay). Replicas should never exceed than 7.5 Joule measured 2.5 meters from the barrel tip.
In general, all events must take place in private locations. Organizations may host airsoft events under the condition that they are not affiliated with ideological or religious agendas.
[edit] Bulgaria
Airsoft is a legal sport in Bulgaria and there are no restrictions placed on the guns apart from a parents' permission for people under 18. As airsoft guns are considered air guns by the Bulgarian law, no documents, licenses or anything else is needed to possess them. There are no restrictions about lasers, flashlights etc. Moreover, there is no need for the end of the barrel to be painted in orange (like in the United States). There are neither restrictions about the power of the air guns/airsoft guns nor about carrying them in public areas.
Shooting in "protected" (quote from the law) areas is forbidden. Protected areas are schools, administrative buildings and other public property as well as public areas.
[edit] Canada
According to the Canadian Firearms Program[1], airsoft guns that closely resemble real firearms are classified as replica firearms and can only be imported by companies possessing a Business Firearms License. It is unlawful to sell or transfer replica firearms without this license. Airsoft guns imported into the country by private citizens are at risk of being seized and destroyed at the border by Border Services Officer. The few Canadian airsoft retailers that exist, take advantage of this fact and the prices are high in comparison to other countries.
No legal distinction is made between airsoft and true firearms when they are used for the purposes of committing or attempting to commit a crime.
Air guns with both a muzzle velocity greater than 152.4 metres per second (500 ft/s) and a muzzle energy greater than 5.7 joules (4.2 ft·lbf) are considered firearms for the purpose of the Firearms Act and must be registered as such. For example, an airsoft BB leaving the barrel at 213 metres per second (700 ft/s) and weighing 0.20 grams (3.1 gr) has a muzzle energy of 4.43 joules (3.27 ft·lbf).[2]
In Ontario, the minimum age to purchase airsoft is 18. Children under age must be supervised by someone over 18.
[edit] Transportation of replica firearms
13. An individual may transport a replica firearm only if
(a) when the vehicle in which it is being transported is equipped with a trunk or similar compartment that can be securely locked, the replica firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
(b) when the vehicle in which it is being transported is not equipped with a trunk or similar compartment that can be securely locked, the replica firearm is not visible from outside the vehicle and the vehicle, or the part of the vehicle that contains the replica firearm, is securely locked
[edit] People's Republic of China
In the People's Republic of China, airsoft guns have been legal for years in mainland China. However, policemen cannot tell the difference between real and airsoft guns, so have resorted to illegally confiscating them. Common knowledge among local Chinese people is that airsoft is illegal, although this is only because of the policemen have been misinforming them. There is also an urban myth in which a criminal can turn an airsoft gun into a fully funtional, .45 caliber shooting pistol/rifle that will not explode when fired. Despite local pleadings, the government refuses to accept any method of distinguishing real guns from airsoft, such as the clear gun or orange tip method.
It is legal in China's SARs (Special Administrative Regions, such as Macau and Hong Kong), but may not be fired with a muzzle energy above two joules of kinetic energy. Moreover, the use of airsoft guns has begun to go underground there as well. Several cargo companies have already refused to ship them. In Hong Kong, you are only allowed to play airsoft in private areas and non-country park areas. Airsoft guns may not be revealed in public.
[edit] Denmark
Airsoft guns are mentioned in the Danish "Våbenlov" (arms control legislation). You have to be at least 18 years old to buy, hand over or possess airsoft guns. They may be used on police-approved sites, with a permission slip, at the age of 16. However, a firearms certificate is not required.
[edit] Finland
Visible transportation of replica firearms in public areas is forbidden. All replica firearms must be covered with something, for example, a weapon case. Land owner's permission is needed to play airsoft in any area.
Minors (under the age of 18) are able to purchase airsoft guns only with written permission from their legal guardians.
[edit] France
Visible transportation of replica firearms in public areas is forbidden. They must be covered with something, for example, a weapon case. Land owner's permission is needed to play airsoft in any area.
Minors can only buy or use airsoft guns which are under 0.08 joules in power. In general, airsoft gun may only have a power under two joules, otherwise they are considered to be a weapon and must be registered.
[edit] Germany
Airsoft guns under 0.5 joule are considered toy guns and can be sold to all persons above three years of age. Distributors agreed to raise the limit to at least 14 years of age. This has been realized and the limit is thus 14 years. All airsoft guns between 0.5 joule and 7.5 joule must be bolt-action or semiautomatic only and can only be sold to people who are 18 years or older. These are considered "free" firearms. As a result, sales of guns of more than 0.5 joule are allowed only in weapon shops and guns must be marked with the trader's weapon abbreviation and a F-in-a-pentagon mark as well as the airsoft gun caliber (such as 6 mm BB).
While the possession of airsoft guns is allowed, the actual use in a game is (at least) hotly debated. That is why most players using guns with more than 0.5 joule muzzle energy leave Germany to play in countries like France, Belgium, Denmark or the Czech Republic.
Target-illuminating devices and lasers may not be attached to guns, but are legal otherwise. For example, the possession of a flashlight is allowed, even shooting with the flashlight in one hand and the gun in the other, but attaching it via mount ring to the rail system of a gun is not. Devices made specifically for the purpose of being attached to a gun (like certain flashlights with integrated fore grip for mil-spec rail) are prohibited.
More information can be found at Airsoft FAQ on laws in Germany, which covers more complicated issues like the "Kleiner Waffenschein", issues with the OWiG §118 in Bavaria and a definition of the term "combat shooting."
[edit] Greece
The airsoft is basically an underground sport in Greece because the law is a little foggy. According to law, airsoft guns are not real firearms and they are free to be purchased from shops. However, the purchase and use of airsoft guns are not permitted for people under 18 years, although it is possible with parental supervision.
It is prohibited to have any replica gun in public sight. This is treated similarly to illegal possession of a real firearm.
The use of lasers, scopes and flashlights on a replica weapon is prohibited by the law.
[edit] Indonesia
In Indonesia, there are no strict rules about airsoft and there is still no consideration by the government as to whether airsoft guns are treated as "toys" or are equal to real guns. However, airsoft were first brought to Indonesia circa 2000 - 2001. The founders of Indonesian airsoft communities put some restrictions on airsoft games, for example, airsoft players are prohibited to upgrade their gun to above 100m/s or they will be rejected from the community. Moreover, anyone who wants to buy an airsoft gun, must be at least 18 years old and know the regulations and rules about the airsoft gun.
Some events have occurred that are perceived as endangering the continuity of the hobby, such as some robberies in which airsoft replicas were used. Therefore, in order to control its growth, there is a government-authorized club called Perbakin (Indonesian Shooting Club) which is currently appointed by police to accommodate airsoft as a new-born sport. However, this information about Perbakin may be inaccurate, as an anonymous tip informs us that Perbakin do not have any agenda whatsoever relating to airsoft
It is most likely that airsoft will be under IPSC supervision since one of the sport's types can be categorized as IPSC (practical shooting) and not just only as skirmish (war game). However, this statement may only be a wishful thinking considering how little attention the government is paying to airsoft activities. The government hasn't approved skirmish as a sport, they only permit target shooting and IPSC only. In other words, if you want to play airsoft, you should become a member of this Perbakin Club and not participate in skirmishes.
[edit] Ireland
The status of airsoft in Ireland was changed after the 2006 Criminal Justice Act, which amended the previous Firearms Acts from 1925, 1963, 1972 and 1990. Where once authorization or a license was required for all devices which fired a projectile from a barrel, the law now defines a firearm as (amongst other things):
an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule of kinetic energy or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy
The aim of this change was to establish a classification of firearms in order to eliminate the legal oddity where toy suction cup dart guns and the like were legally classified as firearms, thus bringing Ireland into line with the rest of the EU. In this case, one joule was used as the limit, as opposed to seven joules in Germany, twelve foot-pounds force (8.9 J) in the UK and so on. The one-joule limit most likely arose from UK case law where it was found that energies in excess of one joule were required to penetrate an eyeball (thus causing serious injury). As a result, airsoft devices under one joule of power have been declassified and have become perfectly legal to possess and use within Ireland. Those over one joule of power remain legal to possess and use within the Republic, so long as a firearms certificate is applied for and granted by the local Garda superintendent. However, at this point they are classed legally as actual firearms.
Airsoft devices with a muzzle energy in excess of one joule must be licensed and as such must have a serial number marked indelibly on them. With firearms this is achieved by stamping or engraving the number on the receiver or other critical component of the firearm. For airsoft devices which do not have such serial numbers, one must be indelibly marked on it. A discussion on the exact manner in which this is to be done should be had with the local Garda Superintendent, as different Superintendents may have different preferences for this. However, it should be noted that the airsoft device in question would then legally be a licenced firearm and shooting any person with it would constitute assault. Furthermore, no airsoft site in Ireland would allow any player to use an airsoft device in excess of one Joule, licensed or not.
[edit] Israel
Airsoft guns are classified as "dangerous toys" which makes airsoft illegal to import, manufacture and sell. This law is not very well enforced, however, and it is possible to find retailers who import MPEG level airsoft guns and also AEG level airsoft guns.
Israeli airsofters have created an airsoft association in an attempt to make airsoft legal - Girit "Girit Airsoft Association in Israel"("גירית – עמותת איירסופט לישראל"). Girit is cooperating with the Israeli Shooting Federation, joining it shortly as a member and cooperating with other governmental authorities in an attempt to make airsoft legal in Israel. For more information you may refer to http://www.airsoft.org.il
Girit Airsoft Association has established cooperation with USAPSA, Ukrainian, Slovenian, Swedish and Czech airsofters. An Israeli national airsoft tactical shooting competition took place near Beit Berel March 2007.
[edit] Italy
Airsoft guns and pistols are allowed a muzzle velocity below 100 m/s (328 ft/s) i.e. equivalent to a muzzle energy equal or minor to one joule. Under the law, airsoft guns are not classified as firearms, but as toys. You can buy and sell them both from stores and from another private citizen, either domestically or from abroad. Internet purchasing and mail shipping is legal and unrestricted. No license or registration is required. There is no mandatory minimum age to purchase airsoft and/or use it during a regular match. The Italian Ministry of Interior only recommends that their sale be restricted to people over the age of 18 or 14 if accompanied by a parent or legal tutor or if the replica is not particularly realistic or powerful (i.e. low-grade airsoft products).
Red tips must be present on the barrel ends of the airsoft gun when they are imported and sold by a store. Once you own the airsoft gun, you may remove the red tip. However, the similarity between genuine firearms and airsoft replicas is close enough to provoke interaction with law enforcement personnel if an airsoft gun is mistaken for its real counterpart. Airsoft used to commit a crime is treated as if you had the real gun, assault weapons carry an extra mandatory sentence in addition to the regular punishment for the crime committed.
Usage and open carriage of air soft guns in public places is forbidden. You can play on a private property away from public sight or in a well-delimited private or state property after having asked the local authorities for a limited-time permit (usually from six to 48 hours) and having alerted the local police command to avoid alarmed citizens calling for emergency.
As the law limits the muzzle energy that an airsoft replica can develop before being classified by law as an air gun, modifying an airsoft gun to deliver more power or to shoot anything other than 6 mm BB plastic pellets is a felony.
[edit] Japan
In Japan, airsoft guns are legal, but may not shoot with a muzzle energy above 0.98 joules.
Legal requirements are set on airsoft model manufacturers to prevent any possibility of a replica weapon being converted into an actual firearm. Standards include (but are not limited to) use of low-melting point metals and non-ballistic plastics in structural components and incompatibility of mechanical components with actual firearm components and mechanisms. The overall litmus test used by the Japanese National Police Authority is whether the replica weapon can be made to chamber and fire an actual round of ammunition. These standards have proven successful within Japan, as it has been found that criminal elements discovered that it is significantly easier to purchase an actual illegal weapon in comparison to modifying a comparatively fragile replica into a functional firearm. Due to this reality, most crimes involving a threat of physical violence are perpetrated with edged weapons, as firearms seen in public are (by default) believed to be toys by the public at large.[citation needed]
[edit] Luxembourg
All airsoft guns are treated under the national weapon law and demand a personal user certificate.
[edit] Lithuania
Registration of any sort is not required for airsoft weapons. However, they are only available for purchase to people over 18 years. Airsoft players have established unofficial set of rules, which regulates the behavior of players belonging to the community.
[edit] Netherlands
The law places full restrictions on airsoft weapons rendering possession illegal. When one looks at the Dutch law on this subject, airsoft is not explicitly mentioned and the characteristics of airsoft weapons would place the weapons in Category I of the Dutch gun laws (legal to own and operate without a license). However, the Dutch Ministry of Justice can make exceptions, which it has for airsoft weapons. The reason given for this is that the weapons look so realistic that they can be used for intimidation and police might react with too much force when they encounter an airsoft weapon(use force like it is a real gun). Therefore, airsoft weapons that are 1:1 replicas and/or realistic have been placed in Category IV (illegal without any possibility of acquiring a permit).
The sport itself has the same legal status as paint ball, but since Airsoft players prefer 1:1 realistic replicas, the Dutch players travel to Belgium instead.
[edit] New Zealand
Single-shot and semi-automatic (all automatic weapons require a special restricted endorsement) air-powered weapons are legal to possess and use in New Zealand, provided that the person is either over 18 years of age or 16 with a firearms license. A person under 18 may not possess an air gun, but may use one under the direct supervision of someone over 18 or a firearms license holder.
It is illegal to use these weapons in any manner that may endanger or intimidate members of the public (pointing, brandishing etc.) except where there is reasonable cause such as an airsoft game.
Police, New Zealand, Airguns Factsheet, http://www.police.govt.nz/service/firearms/infosheet04.html, retrieved 2007-07-24
[edit] Norway
The Arms control legislation (Våpenforskrift) requires that one has to be at least 18 years old to buy, hand over, possess and use airsoft guns. A firearms certificate is not required.
[edit] Philippines
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Organized airsoft started in 1985 and interest in the hobby has gone up and down, several times over the past 20 years. The airsoft gaming community initially conducted their games in secrecy, but in recent years has reached the mainstream due to the tremendous surge of newbies, owing to the advent of cheap Chinese-manufactured airsoft guns. Airsoft teams are mostly clan organized with a number of groups claiming representation, to a certain extent, of the local airsoft community, organizing and coordinating between local teams, especially during big events where hundreds of players from teams all over the country converge on selected venues for friendly tournaments.
Letter of Instruction 1264, a Presidential Directive, signed by former President Ferdinand Marcos in 1982, bans the import, sale and public display of gun replicas, but purchase of airsoft guns and the movement of airsoft players are largely untouched by the government, with only a few confiscated shipments marring that record. No direct regulations have been placed on the airsoft community and players of all ages and background are welcome to play.
Philippine law considers any contraption a firearm if it fires a projectile larger than 5.5 mm in diameter. However, local media have suggested that airsofting will soon be considered officially legal provided there are a few exceptions like the proposed ordinance of repainting the replica gun to make it look less realistic and more distinguishable from an authentic firearm (similar to laws in the United States). Given the structure of the Philippine government and their method of operation, such a ratification may take several years to be processed.
As of 24 July 2006, the then Philippine National Police (PNP) Chief General Oscar Calderon has approved a petition for classification of airsoft guns as air guns under current PNP rules and regulations dated 29 January 1992, thus providing an opportunity for legal ownership and transport of airsoft guns under specific conditions. Despite the approval, validity is still the subject of debate. Under Philippine law, a memo from the Chief PNP amending the PNP rules and regulations cannot overrule, repeal or amend a Presidential directive. Only the legislative body, the Supreme Court or the present President can do so. Since the PNP has the authority to classify what constitutes a gun replica and airsoft guns were deemed different from replicas, there may be no need to repeal LOI 1264 in order to achieve full legalization of airsoft in the Philippines.
At present, the current PNP Chief Director, General Avelino Razon Jr, has signed a revised version of the 2006 memo and has given the airsoft community six months to comply with revised rules and regulations. Airsoft guns must now be registered and airsofters must also sequester a permit to legally transport their guns to authorized game sites. Unregistered airsoft guns may be confiscated.
Revised Rules and regulations governing the manufacture, importation, exportation, sale, possession, carrying of airsoft rifles/pistols and operation of airsoft game sites and airsoft teams (December 4, 2007)
I. REFERENCES
a. Memo circular 08 entitled rules and regulations governing the manufacture, sale, Possession and Carrying of airsoft rifle/ pistol dated september 27, 2006 b. Implementing rules and regulations governing the manufacture, sale, possessio, and carrying of airrifles/pistols dated january 29, 1992; c. Executive order no. 256 entitled “schedule of fees dated December 21, 1995″ d. Standard operating procedure number 13 entitled “Licensing of Firearms” dated October 2001 e. Memorandum circular number 99-009 entitled “Manufature and repair of firearms” dated March 16, 1999. f. Memorandum circular number 07 entitled “recognition/operation of gun clubs” dated June 2006.
II. PURPOSE
This circular prescribes the rules and regulations governing the manufacture, dealership, importation, exportation, sale, possession, and carriage of airsoft rifles/ pistols and operation of airsoft teams and game sites
III. SCOPE
This circular shall apply to all natural and juridical persons who intend to manufacture, deal, import, export, sell, possess, and carry airsoft rifles/ pistols which has been classified as a special type of airgun. This circular also sets the provision for the establishment and operation of airsoft teams and game sites.
IV. DEFINITION OF AIRSOFT RIFLE/ PISTOL
Airsoft rifle/ pistol defined herein used includes battery operated, spring and gas type powered rifles/ pistols which discharge plastic or rubber pellets only as bullets or ammunition. This differs from replica as the latter does not fire plastic or rubber pellet.
V. RESTRICTION
Airsoft rifle/ pistol as herein classified as special type of air gun, shall be used in sporting activities such as war game simulation only. All airsoft rifle/ pistol shall not exceed 550 feet per second velocity using t .20 gram BB. Otherwise, and airsoft rifle/ pistol exceeding the prescribed limit shall not be eligible for registration.
VI. MANUFACTURE AND SALE
All natural and juridical persons who intend to manufacture or sell airsoft rifle/ pistol shall apply for a license to manufacture or license to deal airsoft rifles/ pistols under existing rules and regulations of the Philippine National Police thru Firearms and Explosives Division of the Civil Security Group as provided for under the provision of Revised Memorandum Circular Number 99-009.
VII. MARKINGS
Upon the one-time registration with the FED-CSG, PNP for those airsoft rifles/ pistols with no serial numbers, a barcode sticker bearing a permanently assigned unique serial number shall be affivxed on a conspicuous part of the airsoft rifle/ pistol. Said barcode sticker shall remain valid for the lifetime of the gun.
Those airsoft rifled/ pistols with existing serial numbers shall be registered using their individually affixed serial numbers.
Duplication of serial numbers and/or falsification of barcode stickers shall be deemed as a vaiolation of this Circular which shall result to the revocation of any airsoft license issued to the holder.
Airsoft riFles and pistols must be painted with bright red or orange color at the tip of the muzzle not less than 6.35 centimeters in length.
VIII. REGISTRATION
Any person who desires to possess airsoft rifle/ pistol shall file his application in accordance with PNP SOP Number 13 entitled “Licensing of Firearms” except that minimum age shall be 18 years of age for airsoft rifle/ pistol. The one time registration for airgun shall be applied to airsoft rifle/ pistol. In case of transfer of ownership to a qualified citizen the required procedure in the transfer of regular air gun shall apply. A licensed airsoft rifle/ pistol holder shall not transfer physical possession of his registered airsoft rifle/ pistol until the application for license to possess airsoft rifle/ pistol is approved by FED-CSG.
IX. TRANSPORT OF AIRSOFT RIFLE/ PISTOL
A permit to Tranpsort (PTT) airsoft rifle/ pistol shall be required for the transport of all airsoft rifles/ pistols from the place of residence to any game or exhibition site. Application for a permit to transport airsoft rifle/ pistol shall be filed at the FED-CSG for metro manila applicants and their respective municipal, city, provincial police offices or at FESAGS.
The permit to transport airsoft shall cover a maximum of five (5) airsoft units, whether rifles, pistols or a combination of both. The permit shall be valid nationwide for a period of one year except in areas where there is prevalence of crime and lawlessness.
While in transit, all airsoft rifles/ pistols shall be placed in secured bags or cases.
X. IMPORT AND EXPORT OF AIRSOFT.
Any person engaged or intending to engage in the import and export of airsoft rifles/ pistols shall first secure the corresponding import or export permit from the Philippine national police through the FED CSG prior to actual import and export of said items.
XI. AIRSOFT TEAMS
Airsoft teams shall seek accreditation with the FED-CSG. Each airsoft teams shall have a minimum of ten (10) registered owners of airsoft rifle/ pistol, a permanent address, a president, and shall abide by the Code of Conduct, Safety, and RuLes of Engagement for Games which shall be formulated by the Airsoft Association of the Philippines for airsoft players which shall be appliable and binding upon all, during games.
XII. AIRSOFT GAME SITES
Prior to the use of a particular area as airsoft game site, the operator or duly authorized person in charge of the proposed airsoft game site shall request in writing with the Chief of Police who has jurisdiction over the said area for the conduct of any war game, simulation, shooting copetition or exhibition or airsoft rifles/ pistols.
XIII. MISCELLANEOUS PROVISIONS
Existing manufacturers or dealers and present holders of airsoft rifle/ pistol shall have a grace period or six (6) months from date hereof to apply for manufacturer or dealers license and to present their airsoft rifle/ pistol to the Firearms Management Branch (FMB), Firearms and explosives division-Civil Security Group for testing, and payment of the corresponding fees.
All licensed dealers or airsoft rifle/ pistol shall secure the ncessary permits prior to the conduct of airsoft rifle/ pistol show or exhibition.
XIV. RECISSION CLAUSE
All rules and regulations inconsistent herewith are hereby rescinded or modified accordingly.
XV. PENAL CLAUSE
Any violation of the above provisions shall be a ground for cancellation of the certificate of registration issued by the FED and confiscation of the item/s without prejudice to the filing of civil/criminal charges as the evidence warrants.
XVI. EFFECTIVITY
These rules and regulations shall take effect immediately.
(signed) AVELINO RAZON, JR. Police Director General Chief, PNP.
[edit] Poland
Airsoft guns fall into the same category as paint ball guns and air-powered guns. Up to 17 joules they are not considered to be weapons (above 17 joules they become pneumatic weapons requiring registration) and are available to people over 18 years of age. Registration of any sort replica under the 17 joules-limit is not required. There is no need for the end of the barrel to be painted in orange or any other similar markings. The age restriction, however, is not strictly enforced and many cheap spring replicas can be found in toy shops due to common practice of labeling them as "toys." Generally, police considers airsoft replicas toys rather than "non-lethal weapons."
It is not forbidden to display or carry airsoft replicas in public, but as it may lead to unpleasant encounter with local police it is better to avoid it. The customs also recognize airsoft and allow their private import.
The Polish airsoft community has formulated "Airsoft Rules", an unofficial set of rules regarding airsoft as a whole. While they are not enforced in any specific way, abiding by "Airsoft Rules" is a sign of fair play and belonging to the community. According to these rules, eye protection must be worn at all times during a game. Brandishing replicas in public places is not allowed. Doing so may lead to ejection from the community. Local law enforcement (police, Forest Guard etc.) must be informed prior to every airsoft game taking place in the area. Players between 16 and 18 years of age are able to participate in airsoft games only with written permission from their parents.
[edit] Portugal
With the new revision of the "Guns and Ammunition Act"(Lei 17/2009), Airsoft "guns" are no longer considered as such.
At the moment,the correct definition is "Reprodução de Arma de fogo para praticas recreativas" (in English: "Recreational Firearm Reproduction").
However and in order to be characterized as a "Recreational Firearm Reproduction", their muzzle energy must not exceed 1,3J (equivalent to a muzzle velocity of 375 fp/s with 0,2g BB pallets).
Minimum age to purchase and use this "reproductions" was lowered to 16 yo (with written parental consent).
One must be a member of an "A.P.D.- Associação de Promoção ao Desporto" (in English "Sport Promotion Association").
Recognition of this A.P.D.s are made by the "I.D.P.- Instituto do Desporto de Portugal" (in English: "Portuguese Sports Institute") as it represents the State. This Guns and Ammunition Act also states that after being "recognized" by the I.D.P., the A.P.D. must be enlisted as such by the Law Enforcement Agency called "P.S.P.- Policia de Segurança Publica" (in English "Public Safety Police)
Also, "reproductions" have to be painted either in fluorescent yellow or fluorescent red and in compliance with to the following criteria:
Long guns (≥ 60 cm)- 10 cm from the barrel tip and 100% of the stock. Short guns (≤ 60 cm)- 5 cm from the barrel tip and 100% of the grip.
[edit] Romania
Law nr. 295 from 2004 (Regimul Armelor şi Muniţiilor) regulates all use of weapons and associated ammunition. The law is quite unclear (in what concerns airsoft weapons) as to whether this kind of weapon classifies as "non-lethal weapon" or "toy." The law regulates the use of air-powered weapons (e.g. sport/competition use that use a metal projectile) under "non-lethal" category and solely requires that you are at least 18 years old and register your weapon at the police precinct nearest to your location.
The law specifies that usage of night vision (infrared) or laser aiming devices designed for military use is completely restricted to members of the army and associated entities even if the aiming device is used on a lower-restriction category weapon (e.g. such as on an airsoft gun). The law, however, does not restrict in any way the use of aiming devices not designed for military use.
Furthermore, the law specifies that, should you attempt to use a non-lethal or replica gun to perform (or attempt to perform) armed robbery, you shall be prosecuted as if a real gun had been used.
Airsoft and paint ball replicas cannot be covered by Law nr. 295/2004 regarding the Guns and Ammo regime (Regimul armelor şi al muniţiilor). They are not listed in the law's annex as a gun because of their destination and mode of operation. Therefore there is no need for an authorization to buy, own and use them.
A new addition to the law 295/2004 was made at 17/02/2008 called OUG 28/2008 which add further restrictions to the forms and regulations.
[edit] Slovakia
Airsoft guns have a status similar to the Czech Republic and Slovenia, where they are considered to be firearms. All firearms are governed by law 190/2003. Here, airsoft guns fit into weapon class D (§7b) and no permit is needed. The use of airsoft guns is allowed by players that are least 18 years old. Guns may not have an energy greater than 15 joules. The use of laser sights or night vision scopes is forbidden, attaching a laser sight to any weapon makes it a class A (prohibited) weapon. The owner of a gun is required by law to secure the weapon when not using it.
[edit] Slovenia
One has to be at least 18 years to buy airsoft guns.
If the velocity of an airsoft gun is below 100 m/s (328 ft/s) i.e. equivalent to one joule, it is considered to be a toy. If the velocity is higher than 100 m/s (328 ft/s), the airsoft gun is classified as a section D weapon in the Firearms control legislation of Slovenia. Additionally Air Soft Clubs and National Shooters Association in Slovenia recommends that airsoft gun velocities should not be above 100 m/s (one joule).
[edit] Singapore
In Singapore, airsoft guns used to be legal with no age limit to purchase them. One year after the sport was introduced in the country it was banned due to safety issues. A petition was created hoping to legalize airsoft again but it closed because the petition was not convincing as it was a free and user-based petition. Currently, only a few clubs in Singapore have managed to set up IPSC shooting using airsoft guns with permission from the government and firearm licenses. Currently, the clubs allow purchasing of airsoft pistols, but these are not allowed to be taken back home. There are no skirmishes except the shooting of paper targets.
[edit] Spain
In Spain, airsoft is not regulated due to the outdated gun law. They fall in the category of "replica weapons" of this law and should not be carried away from home. The fine if caught carrying the replica is normally 300€ and the seizure of the gun. However, in some areas the local authorities lets airsofters play on private zones with their permission. It is legal to buy, possess and sell airsoft replicas and accessories, but sometimes there have been problems with customs.
http://alienairsoft.net/infoairsoft
[edit] Sweden
One must be at least 18 years old to buy airsoft weapons. Minors can only use an airsoft weapon under the close supervision of someone older than 20. However, this law is meant for target shooting at a range. Thus, there is no legal way for a minor to own or play airsoft. A parent that buys a weapon for their child commits a crime.
In order to possess a Co2, air or spring operated firearm without a license, the impact energy of a projectile fired at a distance of four meters (from the muzzle) must be less than ten joules. If it is semi or fully automatic, the impact energy must be less than three joules.
Any other propellant then Air or Co2 is illegal to own.
[edit] Switzerland
In Switzerland, airsoft guns used to be unregulated and were treated as toys. As of 12 December 2008, the law was changed to classify them as weapons[3] (note: not as firearms).
Airsoft weapons may not be sold to (or possessed by) persons who are under 18 or persons who have a criminal conviction. Additionally, airsoft weapons my not be sold to individuals from Albania, Algeria, Bosnia-Herzegovina, Kosovo, Macedonia, Turkey or Sri Lanka[4].
The import of airsoft weapons is restricted to companies and individuals who hold weapons import licences. Private individuals can apply for a permit to import up to three weapons which is valid for six months.
Commercial sales are legal providing the purchaser is not prohibited under any of the above restrictions. For private sales to take place, there must be a written contract between both parties. Both parties are required to retain the contract for a period of ten years.
As they contain no propellant, there is no restriction on the purchase or import of airsoft BBs.
It is illegal to carry any airsoft weapons in a public place, however it is permissible to transport them directly between a player's home and an event site.
Further information can be found at the Swiss Airsoft Federation website. [1]
[edit] United Kingdom
There are currently certain restrictions on the possession of airsoft replicas, which came in with the introduction of the ASBA (Anti-Social Behavior Act 2003) Amendments, prohibiting the possession of any firearms replica in a public place without good cause (to be concealed in a hard gun case or sealed container only not to be left in view of public at any time). The prohibition of self-contained gas cartridge weapons similar to that made by Brocock can arguably apply to Moscarts and BB-Shower grenade systems. However, a formal case precedent has yet to be set.
There were initial concerns among the airsoft community that the Violent Crime Reduction Bill (passed an Act in November 2006) would in future prevent airsoft skirmishers from buying realistic imitation firearms. However, on the 20th of September 2006, the Association of British Airsofters (ABA) received a letter from Tony McNulty (Minister of State for Security, Counter-Terrorism, Crime and Policing at the Home Office) saying that he has "decided to provide a defence for airsoft skirmishing in relation to the ban on the sale etc. of realistic firearms." There has been confirmation that airsoft will receive an exemption. This letter has been scanned and reproduced on the ABA website(Website no longer exists)Note that membership of the ABA may be required in order to view the letter.
According to Section 36 of the VCRA (Violent Crime Reduction Act 2006), which came into effect on 1 October 2007, RIF's (Realistic Imitation Firearms) may not be sold, imported or manufactured.[5] Unrealistic imitation firearms (IF's) must be more than 50% bright red, bright orange, bright yellow, bright green, bright pink or bright purple or have dimensions of no more than a height of 38 millimetres and a length of 70 millimetres (as defined in the Home Office regulations for the VCRA). Defences to the act are available for the following:
- a museum or gallery
- theatrical performances and rehearsals of such performances
- the production of films and television programmes
- the organisation and holding of historical re-enactments
- crown servants.[6]
The notes for the VCRA state the following: "The regulations provide for two new defences. The first is for the organisation and holding of airsoft skirmishing. This is defined by reference to "permitted activities" and the defence applies only where third party liability insurance is held in respect of the activities." and "The defence for airsoft skirmishing can apply to individual players because their purchase of realistic imitation firearms for this purpose is considered part of the "holding" of a skirmishing event."[7]
The airsoft defence is be based on whether or not a person is a skirmisher. One of the measures put in place by retailers to aid in identifying skirmishers is a database of skirmishers registered in a central database. A person must be a regular skirmisher (i.e. skirmish three or more times in no less than two months) in order to be registered and the airsoft site they register/skirmish at must hold public Public Liability Insurance. Once a skirmisher is registered, they receive a membership card and must produce this before buying or trading airsoft weapons from these retailers, though not a legal requirement. As long as you can prove that you are an airsoft skirmisher, you may purchase Realistic Imitation Firearms or RIFs (Airsoft guns deemed to be realistic). It is expected that HM Customs & Excise will also have access to the database to verify the identity of importers.
[edit] United States
Under Federal Law, airsoft guns are not classified as firearms and are legal for all ages. This is also the case for the laws in each state. However, in some major cities and population centers the definition of a firearm within their respected ordinances includes propulsion by spring or compressed air, thus making airsoft subject to applicable laws.
A 6 mm minimum orange tip must be present on the barrel end of the airsoft gun (or clear/transparent body) to identify it as such for any commercial sales.[8] Once sold, local laws may vary on whether or not the orange tip must be kept. In many places no laws exist restricting one from removing or replacing the orange tip, but one should check the local laws before making such a modification.
Airsoft guns' trademarks must be removed where the manufacturer does not have an existing license agreement with the manufacturer of the real fire arm. For example: Classic Army has a licensing agreement with Armalite, so the trademarks can stay on imported replicas of Armalite's weapons. In practice, enforcement is hit or miss. You might get an "unlicensed" gun through customs with trademarks intact, while a licensed gun might be held in customs by a uninformed customs agent. House Resolution 607, sponsored in early 2007, would change this if passed, allowing imports to retain trademarks even if there is no agreement between the real firearms manufacturer and the replica manufacturer.[9]
In addition, the similarity between genuine firearms and airsoft replicas is close enough to provoke interaction with local law enforcement personnel if an airsoft gun is carried openly in public.[citation needed] If someone were to, for example, attempt a robbery with an airsoft gun, they would be charged as if the airsoft gun were a real firearm.[citation needed]
New York City requires that all realistic toy or imitation firearms be made of clear or brightly colored plastics. Furthermore, New York City makes possession of any pistol or rifle or similar instrument in which the propelling force is a spring or air unlawful without a license. See New York City Administrative Code § 10-131(b) and New York City Administrative Code § 10-131(g)(1)(a)[10]. According to New York state law, airsoft guns are classified as firearms and therefore must follow state firearm laws regarding possession and purchase. Due to this, "technically" airsofts are legal in New York State. If you are going to play, you must do so on a private property.
Michigan allows the purchase of airsoft guns. However, they must have an orange tip on the barrel.
Texas allows airsoft guns to be owned, but most cities require that the airsoft guns be discharged only while outside city limits.
Some cities in Illinois consider shipping or distributing airsoft guns illegal. It is officially now not illegal to remove the orange tip of the airsoft gun.
In Minnesota, it is illegal for a child under the age of 14 to possess an airsoft gun unless under the supervision of a parent or adult. It is also illegal for any child under 18 to purchase an airsoft gun without parental permission. In Saint Paul and Minneapolis, airsoft guns cannot be carried in public unless they either have an orange tip, are clear or brightly colored. Airsoft guns also cannot be carried in public if they have a laser attached. It is legal to possess airsoft guns in these cities as long as they are transported in a closed and fastened gun case (in accordance with Minnesota firearm transportation laws) and unloaded. The vast majority of municipalities in Minnesota ban the firing of an airsoft gun within the city limits.
[edit] References
- ^ http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/air_gun-arme_air-eng.htm
- ^ http://www.airsocom.com/Airsoft/airsoft_guns/Canada_Approved_Airsoft/
- ^ http://www.admin.ch/ch/d/sr/514_54/index.html
- ^ http://www.airsoftarea.ch/phpbb3/viewtopic.php?f=2&t=12723
- ^ http://www.opsi.gov.uk/acts/acts2006/ukpga_20060038_en_1
- ^ http://www.opsi.gov.uk/si/si2007/uksi_20072606_en_1
- ^ http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2007/031-2007/
- ^ Penalties exist for entering into commerce of imitation firearms: http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00005001----000-.html
- ^ GovTrack.us. H.R. 607--110th Congress (2007): Military Toy Replica Act, GovTrack.us (database of federal legislation) http://www.govtrack.us/congress/bill.xpd?bill=h110-607 (accessed Mar 28, 2007)
- ^ Excerpt from New York City Administrative Code, specific sections pertaining to firearms and airguns: http://www.nysrpa.org/nyc-admincode.pdf
- Philippines, Airsoft guns need to be registered - [2]
- American Airsoft Laws
http://scag.darkbb.com/front-page-f9/pnp-circular-no-11-t222.htm