Legal issues in airsoft
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
Airsoft is regulated under the Firearms Act 1996 that classifies them
as firearms which the New South Wales police do not allow any genuine
reason for.
- 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 possess. Other single shot and semiauto airsoft
replicas are classed under License Categories A, B & 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.
[1]
- Victoria
Airsoft articles are not permitted in Victoria under the Victorian
Legislation and Victoria Police will not issue any authorisation for
their importation.
- Western Australia
Airsoft articles are not permitted in Western Australia and Western
Australian 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 , manufacture or import these devices one require appropriate
license. However, the firearm department does not consider airsoft to be
a valid reason for ownership.
Austria
Airsoft guns and pistols with more than 0.08 joule can only be
purchased in firearms or airsoft shops only, and all users have to be at
least 18 years old.
Argentina
In Argentina, airsoft guns and pistols are not regulated, but only legal-age (more than 18-year-old) citizen can buy them.
Belgium
In Belgium, weapons that launch a projectile without the use of a
combustion/fire are unrestricted. This includes those used for Airsoft
and Paintball. However if a weapon is shorter than 60 cm, or has a
barrel shorter than 30 cm and shoots with more than 7.5 joules of energy
(measured 2.5 meters from the muzzle) it is classified as a firearm and
needs registration.
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.
There is no clear law on how to transport airsoft replicas, but it is
commonly accepted among players to transport your replicas as if they
were real firearms, as to avoid any chance of hassle with the
authorities. This means that the replicas must be covered while
transporting them through public domain, in a gun-bag for example.
The use of gun-mounted lasers or night-vision scopes/sights is
illegal for civilians, however the use of regular scopes/sights (even
illuminated ones) and night-vision -goggles- isn't. This is because
gun-mounted lasers and night-vision scopes/sights are looked upon as
being only useful in military context or for assassination (which is, of
course, illegal).
[citation needed]
Brazil
Airsoft is a very recent shooting sport in Brazil. In the past, due
to lack of regulation, airsoft was usually misinterpreted as a firearm
clone or replica. Nowadays, airsoft is legal but there is still little
regulation. The final law is near completion by Federal Authorities and
is expected to be published in the first quarter of 2010. Based on the
current minutes that have gone public, airsoft is considered a gun
subjected to control depending upon certain characteristics: Gas powered
airsoft guns should have a special permit for transportation
nationwide. Spring guns do not need any transportation permit other than
in manufacture, airports or harbors. People under 18 are not allowed to
buy airsoft guns and commercial entities/importers are obliged to
retain documentation of airsoft buyers for 5 years. An Orange tip is
required in order to differentiate it from firearms. There is still
strong restrictions to import accessories such as holographic sights,
red dots and magazines.
[citation needed]
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.
Canada
Under the
Canadian Firearms Program,
airsoft guns that closely resemble real firearms are classified as
replica firearms, they are allowed. Clear plastic, miniaturized
versions, or models resembling antique firearms may be allowed on a
case-by-case basis.
[2]
Any firearm, including air guns, that has a muzzle velocity between (
366 ft/s and 500 ft/s ) is now considered as a firearm without
restriction.
Any firearm, including air guns, that has
- a muzzle velocity greater than 152.4 metres per second (500 ft/s)
- a muzzle energy greater than 5.7 joules (4.2 ft·lbf)
is considered a firearm for the purpose of the
Firearms Act. Airsoft guns meeting one of these two requirements are also treated as firearms under the
Criminal Code and are subject to safety regulations when transported.
However, the
Canada Border Services Agency generally seizes all airsoft guns imported by individuals,
[3]
only allowing importation to merchants with a Business Firearms Licence
endorsed for replica firearms. Still, some online retailers provide
sections for Canadian buyers that nominally meet regulations.
[4]
An airsoft gun is treated just as if it was a real firearm when used to commit or attempt a crime.
In Ontario, Saskatchewan, British Columbia and Quebec, the minimum
age to purchase airsoft is 18. Children under age will be able to use
firearms. Children under 8 must be supervised by someone over 18.
Chile
Chile is the first country in the world to recognize Airsoft as a
full competitive sport. Therefore, airsoft is legal, but not allowed to
minors ( under 18 years old).
China
In the
People's Republic of China,
airsoft guns, and all forms of military fire arms, are not legal.
People do, however, buy and store them illegally. Most of the games were
hosted by unsanctioned and illegal means. Sales and storage of airsoft
guns is also illegal in Mainland China.
To avoid the government finding airsoft on line, various underground
airsoft players often refer to AEG [automatic electric guns] as
"electric dog [Dian Gou 電狗]," because "dog" in Chinese [various
dialects] sounded like "guns" in English.
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, which consider as a firearm and needs registration, otherwise
illegal.
Under the Section 13 of Cap 238 Firearms and Ammunition Ordinance of
the Hong Kong Law, unrestricted firearms and ammunition requires a
license.
[5] Those found in possession without a license could be fined HKD$100,000 and imprisonment for up to 14 years.
[6]
[7]
In Hong Kong, you are only allowed to play airsoft in private areas and
non-country park areas and may not be revealed in public. Still,
airsoft guns can be sold legally to people of unrestricted age.
Manufacturing and import/exporting airsoft is also legal and free in
Hong Kong and Macau.
Czech Republic
Airsoft guns in Czech Republic belongs to "category D firearms",
which are regulated by Czech firearm law. Weapons including ammunition
can be purchased, owned and used by every person older than 18 years
old. There is no need to have any certificate or permission. Airsoft
weapons are prohibited to use on public places where they might threaten
other people or damage property. Firearms law prohibit (not only in
category D) use of specific gun accessories like night vision or laser.
Airsoft guns are limited up to 16 joules, but it is limitation for all
weapons in category D. Carrying of visible firearms on public places is
prohibited.
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. A firearms certificate is not required. All airsoft
guns have to be transported concealed in a bag or in the trunk etc.
Egypt
Airsoft guns is illegal to own or possess in Egypt and they are not
sold there but you could find low quality spring powered guns, also some
people are trying to get permission and allow the government of Egypt
to let them import and have airsoft guns
Finland
Airsoft guns are not treated as firearms in law, but visible
transportation of any replica firearms in public areas is forbidden. All
replica firearms must be covered with something, for example, a firearm
case, when moving on public area. 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. ...
France
Visible transportation of replica firearms in public areas is
forbidden. They must be covered with something, for example, a firearm
case. Land owner's permission is needed to play airsoft in any area.
Minors (under 18) can only buy airsoft guns which are under 0.08
joules in power. Minors can not use guns over these 0.08J. Airsoft guns
may only have a power under two joules (450 fps whis 0,2g bb's),
otherwise they are no more qualified as airsoft replicas but firearms
and owners should follow the French weapons law (dated 1995).
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
firearms 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). All airsoft guns with powers over 0.5
joule of energy, need to be semi-automatic only and carry the
F-in-a-pentagon and associated markings to be legal in Germany,
rendering all other Airsoft guns with more than 0.5 joule of energy
illegal. Visitors or persons, who plan to move to Germany can obtain the
required markings on existing Airsoft guns from one of the localized
seven "Beschussamt" - authorities in Germany. There is a specific
procedure for that, including the firearms prior to be converted to
semi-auto (if necessary) and to be sent in from abroad only. There is no
need for the end of the barrel to be painted in orange.
While the possession and trade of legal airsoft guns is generally and
unrestrictedly allowed, the use of Airsoft guns in a game is (at least)
hotly debated. That is why some players using guns with more than 0.5
joule muzzle energy leave Germany to play in countries like France,
Belgium, Denmark, the Czech Republic or Austria. Players are allowed to
carry and fire Airsoft guns on private property only, with specific
measures in place to prevent Airsoft fire to leave the perimeter. There
is a significantly growing number of privately owned or commercially
operated Airsoft skirm sites in Germany (2010). It is strictly
prohibited to carry or display Airsoft guns in public, although several
exceptions may apply - e.g. film making or at police registered events.
Legal Airsoft guns can be carried legally unloaded in locked containers
such as a bag or a firearms case.
Target-illuminating devices and lasers must
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."
Greece
Airsoft is basically an underground sport in
Greece because the law is a little foggy. According to the law,
airsoft
guns fall in the same general category of air guns, which are not real
firearms, and are free to be purchased from specialized shops. However,
the purchase and use of airsoft guns is not permitted for people under
18 years old
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, flashlights or any other pointing devices on any firearm is prohibited by the law.
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 1996 - 1997. The founders of Indonesian airsoft
communities put some restrictions on airsoft games, for example, airsoft
players are prohibited to upgrade their gun to above 100 m/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.
India
In India, Airsoft is completely legal but is not recognised, and is
usually referred to as a toy by most people, as paintball is in more
demand compared to airsoft
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 firearm
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 (16.2 J) in the UK and so on. The one-joule limit most likely arose from UK case law
[citation needed]
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 legal to possess and use within Ireland. No airsoft site in
Ireland would allow any player to use an airsoft device in excess of one
Joule.
Israel
Airsoft guns are classified as "dangerous toys" which makes airsoft
legal to import, manufacture and sell by licenced retailers only. Due to
the fact that this law is not related to criminal acts, thus not being
very well enforced, until the year 2010 it was possible to find private
retailers who import MPEG level airsoft guns and also AEG level airsoft
guns. Currently, purchase of airsoft guns of all levels is possible only
through one or two licenced retailers only.
Israeli airsofters have created an airsoft association in an attempt
to make airsoft legal - Girit "Girit Airsoft Association in Israel"
("גירית – עמותת איירסופט לישראל") and ASI - Association of Israeli
Strikeball (עמותת סטרייקבול ישראלית). 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 GIRIT
association website
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.
As of Jul 2010, the Israeli airsoft associations had finished
negotiations with the Israeli government. Since then, every association
(or Tacticball Club Member) can carry airsoft gear (guns, parts, etc.)
at home. Also transportation and carrying of airsoft guns may be done
only if a tip of the barrel painted in red or orange color.
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 airsoft guns in public places is
forbidden. You can play on 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.
Japan
In
Japan, airsoft guns are legal, but may not shoot with a muzzle energy above 1.00 joules.
Legal requirements are set on airsoft model manufacturers to prevent
any possibility of a replica firearms 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 firearm 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
firearm 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]
Luxembourg
All airsoft guns under 7.5 Joule are legal to people under 18 Years
old. Although, weapons more than 0.5 Joule and less than 3 Joule, you
must be at least older than 15. Soft Air Guns under 0.5 Joule are legal
to anyone.
Lithuania
Registration of any sort is not required for airsoft firearms.
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.
Mexico
Airsoft guns are legal in all stores.
Malaysia
Airsoft guns are classified as real weapon counterparts which makes airsoft illegal to own, import, manufacture and sell.
Netherlands
The law places full restrictions on airsoft firearms rendering possession illegal. When one looks at the
Dutch
law on this subject, airsoft is not explicitly mentioned and the
characteristics of airsoft firearms would place the firearms in Category
IV 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 firearms. The reason
given for this is that the firearms look so realistic that they can be
used for intimidation and police might react with too much force when
they encounter an airsoft firearm (use force like it is a real gun).
Therefore, airsoft firearms that are 1:1 replicas and/or realistic have
been placed in Category I (illegal without any possibility of acquiring a
permit).
The sport itself has the same legal status as paintball, but since
Airsoft players prefer 1:1 realistic replicas, a lot of Dutch players
travel to Belgium instead.
Recently though, a Dutch airsoft association called NABV (Nederlandse
Airsoft Belangen Vereniging/Dutch Airsoft Interests Association) has
managed to get a confirmation from the
Dutch Ministry of Justice
that the STAR Ika Zuchi AEG is not considered a replica that can be
used for intimidation, making it one of the first airsoft guns which can
legally sold and owned in the Netherlands.
[citation needed] Unlike most Airsoft guns, it is not a realistic weapon, but an adult sized science fiction style rifle.
On january 25th of 2012 the Minister of the Justice Department
(Ministerie van Justitie) has sent a proposal to the Dutch Parliament
(tweede kamer der staten generaal) in which he proposes to end the
illegality of airsoft firearms, by placing them explicitly in Category
IV, with some provisions due to their realistic nature. These provisions
include - but are not limited to - registration, and storage in a real
firearms locker at home, as is the norm for real firearms.
[8] This does not change the current status, but it does open the door to a change in the near future.
[9]
New Zealand
Single-shot and
semi-automatic
(all automatic firearms require a special restricted endorsement)
air-powered firearms 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 (Direct supervision requires that the licence holder be
able to take control of the firearm at all times, so they must remain
within arms reach)
It is illegal to use these firearms 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, retrieved 2007-07-24
Norway
The Arms control legislation (Våpenforskrift) requires that one has
to be at least 18 years old to buy, but can be used and owned by younger
if they are wearing protection and approved by parents. A firearms
certificate is not required.
Using an airsoft firearm in while committing a crime receives the
same punishment as the one you would receive for using a real weapon.
The police are allowed to treat you as if you were carrying a real gun,
as many airsoft rifles are difficult to tell from their real
counterparts.
One is also required to carry firearms inside a bag, or some other
kind of container to conceal the firearm from the public. In addition
there are some restrictions on the usage of uniforms in public, airsoft
explosives and smoke grenades during gameplay.
Philippines
In general, Airsoft in the Philippines is embraced by all ages and
the sport is acknowledged by the public. In order to play the sport,
airsoft guns must be serialized and registered. Players must also
sequester a permit to legally transport their guns to authorized game
sites. The permit to transport is restricted to the Luzon and Visayas
regions only and should be renewed yearly. Unregistered airsoft guns may
be confiscated.
Remaining Legal Issues
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. Also
under Philippine Law, a memo from the Chief of the Philippine National
Police (PNP) amending the PNP rules and regulations cannot overrule,
repeal or amend a Presidential directive. Only the legislative body, the
Supreme Court or the current President can do so.
The PNP has been given the authority to classify what constitutes a
gun replica and airsoft guns were deemed different from replicas,
therefore the common legal interpretation is that there may be no need
to repeal LOI 1264 in order to achieve full legalization of airsoft in
the Philippines.
Despite the differences in legal interpretation, traders and players
are able to conduct business and play freely as long as they comply with
the requirements of the Philippine National Police.
Portugal
With the new revision of the "Guns and Ammunition Act" (Lei 17/2009),
airsoft guns are no longer considered as such. Currently, the formal definition of an airsoft gun is
Reprodução de Arma de fogo para praticas recreativas
(in English: Recreational Firearm Replica). However and in order to be
characterized as a Recreational Firearm Replica, their muzzle energy
must not exceed 1,3
J (equivalent to a muzzle velocity of 375 fps with 0,2g
BBs).
The minimum age to purchase and use this replicas is 18 years old,
however, a 16 years old may be allowed to buy and use them with a
written parental consent. One must be a member of an APD - Associação de
Promoção ao Desporto (in English: Sport Promotion Association).
Recognition of this APD is made by the IDP - Instituto do Desporto de
Portugal (in English: Portuguese Sports Institute) as it represents the
State. The Guns and Ammunition Act also states that after being
approved by the IDP, the APD must be enlisted as such by the Portuguese
law enforcement authority, the police called PSP -
Polícia de Segurança Pública. There are two main APDs for airsoft in Portugal, the FPA - Federação Portuguesa de Airsoft
[10] and the APA - Associação Portuguesa de Airsoft.
[11]
In addition, replicas have to be painted either in fluorescent yellow
or fluorescent red and in compliance with 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.
Romania
Law nr. 295 from 2004
[12](Regimul
Armelor şi Muniţiilor) regulates all use of firearms and associated
ammunition. The law is quite unclear (in what concerns airsoft firearms)
as to whether this kind of firearm classifies as "
non-lethal weapon"
or "toy." The law regulates the use of air-powered firearms (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 firearm 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 firearm (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.
A new addition to the law 295/2004 was made at 17 February 2008
called OUG 28/2008 which add further restrictions to the forms and
regulations.
Since 23 February 2010, in Romania, based on an airsoft
competition and its regulation, airsoft is officially a sport, not only a
welfare activity.
Since June 2011, Airsoft replicas have been inserted in firearms and
associated ammunition law as non-lethal weapons which does not require
any authorization to buy/sell/own, used for recreational purposes - "E"
class in weapons classification. The use of metal projectiles is
prohibited by law.
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 firearm 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. The owner of a gun is required by law to secure the firearm
when not using it.
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 firearm 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).
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. Besides shooting targets, the only
skirmishing field in Singapore is Frontline Airsoft at Turf City.
Spain
In Spain, airsoft is not regulated due to the outdated gun law. This
law is at this moment (2010-dec) in an uptating process and it´s
supposed to take the sport as legal. 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
for a few days 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.
Sweden
One must be at least 18 years old to buy and use airsoft firearms.
Minors (under the age of 18) can practice targetshooting under
supervision by the legal guardian of the minor. In order to possess a CO
2,
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.
To import a weapon using propellant other than Air or CO
2 you require a permit obtained from the Police, which is valid for the import of a specific weapon of a specific amount.
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
[13] (note: not as firearms).
Airsoft firearms may not be sold to (or possessed by) persons who are
under 18 who have a criminal conviction. Additionally, airsoft firearms
may not be sold to individuals from
Albania,
Algeria,
Bosnia-Herzegovina,
Kosovo,
Macedonia,
Turkey or
Sri Lanka.
[14]
The import of airsoft firearms is restricted to companies and
individuals who hold weapons import licences. Private individuals can
apply for a permit to import up to three firearms 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 firearms 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]
Thailand
In Thailand, many stores will sell you Airsoft guns and supplies, but
the law is a bit vague. Essentially as it stand now, the law is as
follows: Paintball guns, BB guns and airsoft guns are not considered
firearms, so it is legal to possess them without having a permit or
registering them. However the owner must comply with the following
conditions: • The gun hasn’t been modified to use CO2. • Only plastic
bullets are used – no metal bullets or marbles may be fired. • When
carrying the gun outside of the owner’s property it must be packed in a
safe case or box. It is not allowed to be carried in shirt or trouser
pockets, nor can it be left out in the open. • The gun can’t be used to
commit a crime or torture animals. The gun becomes illegal if any of
these rules are broken. This information was gathered from "Thailand
Airsoft"
[15] which is active in the Thai community to educate officials on their own laws.
United Kingdom
There are currently certain restrictions on the possession of airsoft
replicas, which came in with the introduction of the ASBA (
Anti-Social Behaviour Act 2003)
Amendments, prohibiting the possession of any firearms replica in a
public place without good cause (to be concealed in a gun case or
container only not to be left in view of public at any time). The
prohibition of self-contained gas cartridge firearms can arguably apply
to Moscarts and BB-Shower grenade systems, although it is intended to
ban the sale of 'brocock' cartridge revolvers. However, a formal case
precedent has yet to be set.
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.
[16]
Unrealistic imitation firearms (IF's) must be more than 50%
transparent, bright red, bright orange, bright yellow, bright blue,
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.[17]
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."
[18]
The airsoft defence is based on whether or not a person is a
skirmisher.
One of the measures put in place by retailers was the forming of a
centrally recorded and maintained database. This system is managed by
the United Kingdom Airsoft Retailers Association or UKARA. UKARA shares
the database of registered skirmishers with the member retailers
allowing quick and easy verification that the purchaser is allowed to
buy a RIF under the VCRA skirmisher defence. To qualify for the UKARA
database a person must be a regular skirmisher (i.e. skirmish three or
more times in no less than two months, and typically at one site) in
order to be registered and the airsoft site they register/skirmish at
must hold public
Public Liability Insurance.
As long as a person can prove that they are an airsoft skirmisher,
they may purchase RIFs. This can be done successfully by either joining
the UKARA database (although this is not a legal requirement, and as
such, is not recognised by the Home Office as having any legal authority
over airsoft skirmishers) or other means, such as ordering a RIF from
outside the UK and ensuring the parcel is marked in such a fashion that
if Customs were to stop the parcel they can check the purchaser's
validity to purchase said RIF.
Airsoft is not prohibited to persons under the age of 18, nor is
owning a RIF, although the only way they are able to obtain a RIF or IF
is by being given the item as a gift or by having parental consent. If
someone under the age of 18 attempts to purchase an airsoft weapon, they
are committing a crime and it may result in a fine.
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. For
example, airsoft guns within the state of California can only be bought
by a person above the age of 18. However, no laws indicate an age
requirement to sell airsoft guns. The seller must only verify that the
buyer is 18 or older.
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.
[19]
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 Sublicensing agreement with
ActionSportGames® A/S (ASG)
which holds the worldwide rights for ArmaLite and others, 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 an uninformed customs agent. In early 2007, a
House
resolution to allow imports to retain trademarks, even without
agreement between the real firearms manufacturer and the replica
manufacturer, was unsuccessful.
[20]
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.
[21]
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).
[22]
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 legal to remove the orange tip of the airsoft gun.
In
Minnesota,
it is illegal for a child under the age of 16 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, or the airsoft guns 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.
Arkansas has passed a bill which went into effect in January 2010
[23]
which mirrors the federal law on airsoft guns in that it bans the sale
or transport airsoft guns without orange tips, a transparent/translucent
body, or colored other than black/brown/blue/silver/metallic. Also,
those guns that are clear are still ok to sell or transport. The bill
bans "imitation firearms", but has the following to say about the
definition of "imitation firearms" in section 2B:
"Imitation firearm" does not include: (1) A nonfiring, collector
replica of an antique firearm developed before 1898; (2) Traditional BB,
paintball, or pellet-firing air guns that expel a projectile through
the force of air pressure; or (3) A device: (A) For which an orange
solid plug or marking is permanently affixed to the muzzle end of the
barrel for a depth of not more than six millimeters (6 mm); (B) For
which the entire exterior surface is predominately colored other than
black, brown, blue, silver, or metallic; or (C) That is constructed of
transparent or translucent materials that permit unmistakable
observation of the complete contents of the device.
Therefore, the bill does not ban imitation firearms (including
airsoft guns) that are predominately colored something other than black,
brown, blue, silver or metallic, nor imitation firearms that are built
of predominately transparent or translucent materials, allowing anyone
to determine the contents of the firearm
bahwa airsoftgun adalah bukan untuk saling menyakiti tapi untuk olah
raga atau hobby... selain itu kami juga membuka diri pada siapapun,
dimanapun untuk bergabung bersama kami... yang paling utama dari tujuan
kami adalah membantu atau mensupport para airsofter untuk
memasyarakatkan airsoftgun..
ETIKA DALAM SKIRMISH
