VCR Act and Airsoft The VCR Act and Airsoft | Page 3

Violent Crime Reduction Act 2006 (c. 38)
Part 2 — Weapons etc.

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
(c) 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
(c) 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;