VCR Act and Airsoft The VCR Act and Airsoft | Page 5

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
(c) 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
(c) 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.