View Single Post
Old 26th October 2015, 01:19 PM
Yorkshiretea's Avatar
Yorkshiretea Yorkshiretea is offline
B Grade Bandit
Join Date: Aug 2013
Member of: Anston FTC
Location: Sheffield
Posts: 2,160

Originally Posted by Ste Hughes View Post
Wouldn't he also pass on any case with a 'normal' air gun to the crown court? I don't understand how the military looks change anything.
Because it can easily be mistake for something "high power" by the person deciding wether to put a 9mm bullet into your top lip.

Section 37 relates to specific defences: this allows persons in the course of trade or business to import realistic imitation firearms for the purpose of modifying them to make them non-realistic. It also provides various defences if the realistic imitation firearm was available for:

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; or
crown servants.

Section 38 defines a "realistic imitation firearm" as "an imitation firearm which has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm". As a result of "real firearm" (defined in section 38 (7)) imitations of pre-1870 firearms are not caught by the offence.

Whether an imitation firearm falls within the definition of a realistic imitation firearm should be judged from the perspective of how it looks at the point of manufacture, import or sale and not how it might be appear if it were being misused. Section 38(3) provides that in determining whether an imitation firearm is distinguishable from a real firearm, its size, shape and principal colour must be taken into account.

It is worth keeping in mind that the intention behind this measure is to stop the supply of imitations which look so realistic that they are being used by criminals to threaten and intimidate others. If it is not a realistic imitation firearm it may still be an imitation firearm.
Reply With Quote