VCR Act 2006

The violent crime reduction bill has been passed and given Royal assent. It will come into effect on 6th April 2007. Please make sure that you read it before, yet again, you become an over night criminal for doing what you may have done all your life. For a full copy of the bill click here http://www.opsi.gov.uk/acts/acts2006/ukpga_20060038_en.pdf.

 

I have pasted the section that is most relevent to MV owners below

 

 

I've locked this topic so the info doesn't get lost in dozens of posts

 

Imitation firearms

 

36 Manufacture, import and sale of realistic imitation firearms

(1) A person is guilty of an offence if—

(a) he manufactures a realistic imitation firearm;

(b) he modifies an imitation firearm so that it becomes a realistic imitation

firearm;

© he sells a realistic imitation firearm; or

(d) he brings a realistic imitation firearm into Great Britain or causes one to

be brought into Great Britain.

(2) Subsection (1) has effect subject to the defences in section 37.

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38

(3) The Secretary of State may by regulations—

(a) provide for exceptions and exemptions from the offence under

subsection (1); and

(b) provide for it to be a defence in proceedings for such an offence to show

the matters specified or described in the regulations.

(4) Regulations under subsection (3) may—

(a) frame any exception, exemption or defence by reference to an approval

or consent given in accordance with the regulations;

(b) provide for approvals and consents to be given in relation to particular

cases or in relation to such descriptions of case as may be specified or

described in the regulations; and

© confer the function of giving approvals or consents on such persons

specified or described in the regulations as the Secretary of State thinks

fit.

(5) The power of the Secretary of State to make regulations under subsection (3)

shall be exercisable by statutory instrument subject to annulment in pursuance

of a resolution of either House of Parliament.

(6) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

© to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

(7) A realistic imitation firearm brought into Great Britain shall be liable to

forfeiture under the customs and excise Acts.

(8) In subsection (7) “the customs and excise Acts” has the meaning given by

section 1 of the Customs and Excise Management Act 1979 (c. 2).

(9) An offence under this section shall be punishable, on summary conviction—

(a) in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

both; and

(b) in Scotland, with imprisonment for a term not exceeding 6 months or

with a fine not exceeding level 5 on the standard scale, or with both.

(10) In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(a) of this

section to 51 weeks is to be read as a reference to 6 months.

(11) In this section “realistic imitation firearm” has the meaning given by section 38.

37 Specific defences applying to the offence under s. 36

(1) It shall be a defence for a person charged with an offence under section 36 in

respect of any conduct to show that the conduct was for the purpose only of

making the imitation firearm in question available for one or more of the

purposes specified in subsection (2).

(2) Those purposes are—

(a) the purposes of a museum or gallery;

Violent Crime Reduction Act 2006 (c. 38)

Part 2 — Weapons etc.

39

(b) the purposes of theatrical performances and of rehearsals for such

performances;

© the production of films (within the meaning of Part 1 of the Copyright,

Designs and Patents Act 1988 (c. 48) - see section 5B of that Act);

(d) the production of television programmes (within the meaning of the

Communications Act 2003 (c. 21) - see section 405(1) of that Act);

(e) the organisation and holding of historical re-enactments organised and

held by persons specified or described for the purposes of this section

by regulations made by the Secretary of State;

(f) the purposes of functions that a person has in his capacity as a person

in the service of Her Majesty.

(3) It shall also be a defence for a person charged with an offence under section 36

in respect of conduct falling within subsection (1)(d) of that section to show

that the conduct—

(a) was in the course of carrying on any trade or business; and

(b) was for the purpose of making the imitation firearm in question

available to be modified in a way which would result in its ceasing to

be a realistic imitation firearm.

(4) For the purposes of this section a person shall be taken to have shown a matter

specified in subsection (1) or (3) if—

(a) sufficient evidence of that matter is adduced to raise an issue with

respect to it; and

(b) the contrary is not proved beyond a reasonable doubt.

(5) The power of the Secretary of State to make regulations under this section shall

be exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

(6) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

© to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

(7) In this section—

“historical re-enactment” means any presentation or other event held for

the purpose of re-enacting an event from the past or of illustrating

conduct from a particular time or period in the past;

“museum or gallery” includes any institution which—

(a) has as its purpose, or one of its purposes, the preservation,

display and interpretation of material of historical, artistic or

scientific interest; and

(b) gives the public access to it.

38 Meaning of “realistic imitation firearm”

(1) In sections 36 and 37 “realistic imitation firearm” means an imitation firearm

which—

(a) has an appearance that is so realistic as to make it indistinguishable, for

all practical purposes, from a real firearm; and

(b) is neither a de-activated firearm nor itself an antique.

Violent Crime Reduction Act 2006 (c. 38)

Part 2 — Weapons etc.

40

(2) For the purposes of this section, an imitation firearm is not (except by virtue of

subsection (3)(b)) to be regarded as distinguishable from a real firearm for any

practical purpose if it could be so distinguished only—

(a) by an expert;

(b) on a close examination; or

© as a result of an attempt to load or to fire it.

(3) In determining for the purposes of this section whether an imitation firearm is

distinguishable from a real firearm—

(a) the matters that must be taken into account include any differences

between the size, shape and principal colour of the imitation firearm

and the size, shape and colour in which the real firearm is

manufactured; and

(b) the imitation is to be regarded as distinguishable if its size, shape or

principal colour is unrealistic for a real firearm.

(4) The Secretary of State may by regulations provide that, for the purposes of

subsection (3)(b)—

(a) the size of an imitation firearm is to be regarded as unrealistic for a real

firearm only if the imitation firearm has dimensions that are less than

the dimensions specified in the regulations; and

(b) a colour is to be regarded as unrealistic for a real firearm only if it is a

colour specified in the regulations.

(5) The power of the Secretary of State to make regulations under this section shall

be exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

(6) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

© to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

(7) In this section—

“colour” is to be construed in accordance with subsection (9);

“de-activated firearm” means an imitation firearm that consists in

something which—

(a) was a firearm; but

(b) has been so rendered incapable of discharging a shot, bullet or

other missile as no longer to be a firearm;

“real firearm” means—

(a) a firearm of an actual make or model of modern firearm

(whether existing or discontinued); or

(b) something falling within a description which could be used for

identifying, by reference to their appearance, the firearms

falling within a category of actual modern firearms which, even

though they include firearms of different makes or models

(whether existing or discontinued) or both, all have the same or

a similar appearance.

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Part 2 — Weapons etc.

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(8) In subsection (7) “modern firearm” means any firearm other than one the

appearance of which would tend to identify it as having a design and

mechanism of a sort first dating from before the year 1870.

(9) References in this section, in relation to an imitation firearm or a real firearm,

to its colour include references to its being made of transparent material.

(10) Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms

are deemed to be deactivated if they are appropriately marked) applies for the

purposes of this section as it applies for the purposes of the 1968 Act.

39 Specification for imitation firearms

(1) The Secretary of State may by regulations make provision requiring imitation

firearms to conform to specifications which are—

(a) set out in the regulations; or

(b) approved by such persons and in such manner as may be so set out.

(2) A person is guilty of an offence if—

(a) he manufactures an imitation firearm which does not conform to the

specifications required of it by regulations under this section;

(b) he modifies an imitation firearm so that it ceases to conform to the

specifications so required of it;

© he modifies a firearm to create an imitation firearm that does not

conform to the specifications so required of it; or

(d) he brings an imitation firearm which does not conform to the

specifications so required of it into Great Britain or causes such an

imitation firearm to be brought into Great Britain.

(3) An offence under this section shall be punishable, on summary conviction—

(a) in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

both; and

(b) in Scotland, with imprisonment for a term not exceeding 6 months or

with a fine not exceeding level 5 on the standard scale, or with both.

(4) In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this

section to 51 weeks is to be read as a reference to 6 months.

(5) Regulations under this section may provide that, in proceedings for an offence

under this section, it is to be presumed, unless the contrary is proved, that an

imitation firearm conforms to the required specification if it, or the description

of imitation firearms to which it belongs, has been certified as so conforming

by a person who is—

(a) specified in the regulations; or

(b) determined for the purpose in accordance with provisions contained in

the regulations.

(6) An imitation firearm brought into Great Britain which does not conform to the

specifications required of it by regulations under this section shall be liable to

forfeiture under the customs and excise Acts.

(7) In subsection (6) “the customs and excise Acts” has the meaning given by

section 1 of the Customs and Excise Management Act 1979 (c. 2).

Violent Crime Reduction Act 2006 (c. 38)

Part 2 — Weapons etc.

42

(8) The power of the Secretary of State to make regulations under this section shall

be exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

(9) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

© to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

40 Supplying imitation firearms to minors

(1) After section 24 of the 1968 Act insert—

“24A Supplying imitation firearms to minors

(1) It is an offence for a person under the age of eighteen to purchase an

imitation firearm.

(2) It is an offence to sell an imitation firearm to a person under the age of

eighteen.

(3) In proceedings for an offence under subsection (2) it is a defence to

show that the person charged with the offence—

(a) believed the other person to be aged eighteen or over; and

(b) had reasonable ground for that belief.

(4) For the purposes of this section a person shall be taken to have shown

the matters specified in subsection (3) if—

(a) sufficient evidence of those matters is adduced to raise an issue

with respect to them; and

(b) the contrary is not proved beyond a reasonable doubt.”

(2) In the table in Part 1 of Schedule 6 (punishment), after the entry for section

24(4) insert—

(3) In relation to an offence committed in England and Wales before the

commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the

“Section

24A(1) or (2)

Acquisition

by a minor of

an imitation

firearm and

supplying

him.

Summary In England

and Wales, 51

weeks or a

fine of level 5

on the

standard

scale, or both.

In Scotland, 6

months, or a

fine of level 5

on the

standard

scale, or both.

—”

Violent Crime Reduction Act 2006 (c. 38)

Part 2 — Weapons etc.

43

reference to 51 weeks in the entry inserted by subsection (2) of this section is to

be read as a reference to 6 months.

41 Increase of maximum sentence for possessing an imitation firearm

(1) In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act

(mode of trial and punishment of possession of firearm or imitation firearm in

a public place)—

(a) in paragraph (b) of column 3 (offence to be triable either way except in

the case of an imitation firearm or air weapon), omit the words “in the

case of an imitation firearm or”; and

(b) in column 4, for “7 years or a fine; or both” substitute—

“(i) if the weapon is an imitation firearm,

12 months or a fine, or both;

(ii) in any other case, 7 years or a fine, or

both.”

(2) An offence in England and Wales under section 19 of the 1968 Act in respect of

an imitation firearm which is triable either way by virtue of this section is to be

treated—

(a) as an offence to which section 282(3) of the Criminal Justice Act 2003

(c. 44) (increase of maximum sentence on conviction of an either way

offence) applies; and

(b) as not being an offence to which section 281(5) of that Act (increase of

maximum sentence on conviction of a summary only offence) applies.

(3) This section—

(a) applies only to offences committed after the commencement of this

section; and

(b) so far as it relates to subsection (3) of section 282 of the Criminal Justice

Act 2003 or subsection (5) of section 281 of that Act, does not have effect

in relation to offences committed before the commencement of that

subsection

Thanks Lee. Interesting times ahead. I wonder how much of a police presence we will see at shows this year? I own an airsoft G3, an Uzi and several broken pistols. My lad James has a few of what I would call "toy" replicas, too; including one of those neat plastic MP40s that did the rounds a year or so back. My wife has been vociferously anti-gun all the time I've known her. Her dad is a retired policeman from the "Blue Lamp"/"Dixon of Dock Green" era and it is safe to assume his attitude to them influences her greatly (christmas and birthday I ALWAYS ask for a Bren gun). He once attended the scene of a shooting where a teenage girl had blown the top of her head off with a Colt .45 while playing with it. She was at a party in a house belonging to a war service special copper who had failed to hand back in his gun. The irony of it all. There are many other stories to tell. Of course, the argument cherished by the law abiding majority will always be beaten by the actions of a minority aided and abetted by the media. What we can all be sure of is the newshounds will be out to demonise and the unsuspecting inbetween news from the Big Brother house and the Celebrity Jungle. So, whatever you do, stay sharp. Meanwhile I still want to own a classic WW1 SMLE. Can you all please start petitioning my Mrs.......

So can anyone with a degree in gobbledegook translate that into plain english that us mere mortals can understand?

So can anyone with a degree in gobbledegook translate that into plain english that us mere mortals can understand?

 

 

the important bits are..

 

3) The Secretary of State may by regulations—

(a) provide for exceptions and exemptions from the offence under

subsection (1); and

 

 

39

(b) the purposes of theatrical performances and of rehearsals for such

performances;

© the production of films (within the meaning of Part 1 of the Copyright,

Designs and Patents Act 1988 (c. 48 ) - see section 5B of that Act);

(d) the production of television programmes (within the meaning of the

Communications Act 2003 (c. 21) - see section 405(1) of that Act);

(e) the organisation and holding of historical re-enactments organised and

held by persons specified or described for the purposes of this section

by regulations made by the Secretary of State;

(f) the purposes of functions that a person has in his capacity as a person

in the service of Her Majesty.

(3) It shall also be a defence for a person charged with an offence under section 36

in respect of conduct falling within subsection (1)(d) of that section to show

that the conduct—

(a) was in the course of carrying on any trade or business; and

(b) was for the purpose of making the imitation firearm in question

available to be modified in a way which would result in its ceasing to

be a realistic imitation firearm.

(4) For the purposes of this section a person shall be taken to have shown a matter

specified in subsection (1) or (3) if—

(a) sufficient evidence of that matter is adduced to raise an issue with

respect to it; and

(b) the contrary is not proved beyond a reasonable doubt.

(5) The power of the Secretary of State to make regulations under this section shall

be exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

(6) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

© to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

(7) In this section—

“historical re-enactment” means any presentation or other event held for

the purpose of re-enacting an event from the past or of illustrating

conduct from a particular time or period in the past;

“museum or gallery” includes any institution which—

(a) has as its purpose, or one of its purposes, the preservation,

display and interpretation of material of historical, artistic or

scientific interest; and

(b) gives the public access to it.

 

If you can show that you use it for recreating an historical event & for educating the general public then you would have what they call a defence in law, which basically means you have a legit reason for holding such replica weapons..

 

Would be a good idea to form yourselves in to local groups if you are not already & make sure that you have PLI that states living history/re-enactment.. no good say you are members of Imps/MVT as both of those state ownership of an MV is not a condition of membership.. members of Bona Fide groups should have no problems..

 

 

Put something in your constitution like this.. good idea to have members id cards with that printed on the back, something our group will be looking in to in the future..

 

 

THE AIMS OF THE GROUP

 

1. The primary aim of the group shall be to promote and encourage the restoration, preservation, use and enjoyment of ex military vehicles and associated equipment & weapons of all ages. (Weapons can mean Deacativated Weapons, Blankfiring Weapons or the use of Realistic Replica Weapons)

 

2. To aid and co-operate with any Charity having among its objectives, the preservation of articles and other material

 

3. Promote awareness and education of the vehicles and weapons and the historical context of their use