VIOLENT CRIME REDUCTION ACT - AIRSOFT WEAPONS

Following the implementation of measures in the Violent Crime Reduction Act that banned the sale, manufacture and import of imitation guns we commented on the loophole the Home Office had created by allowing the use of airsoft guns for skirmishing as a defence against the ban.  Our contention has always been that it is not enough to say that the guns are low power and would not cause injury because anything that looks like a real firearm, and airsoft enthusiasts insist that their guns must do so, will be as threatening as a genuine gun.

However, we have also become aware that airsoft guns pose a greater potential danger, since it appears to be possible to convert some of them into more powerful weapons capable of causing serious physical injury.

The evidence comes from Japan where airsoft guns originated, technology has been most advanced and the enthusiasm and wherewithal for illegally upgrading the weapons is equally more advanced.  An article by Yukako Fukushi (Yomiuri Shimbun, 3 November 2005) (see below) describes a recent series of airsoft gun shootings in Japan and how airsoft guns can be "tricked out" by "replacing low-pressure air canisters with those containing carbon dioxide gas, potentially resulting in a deadly firearm".  An old woman in Japan has been killed with a modified airsoft gun.  In spite of frequent crimes involving airsoft guns, parts manufacturers are reported to "continue to meet the demands of airsoft fanatics who decide to upgrade their guns, despite knowing full well that to do so was illegal".  A more recent article in Yomiuri Shimbun (31 March 2007) (see below) has revealed that there were about 800,000 remodelled airsoft guns in Japan, but only 100,000 of them have been confirmed as discarded or modified to reduce their muzzle energy, leaving 700,000 tricked out guns to be owned by gun enthusiasts.

The Japanese government are now trying to crackdown on airsoft.   As a result the sport's epicentre appears to be migrating to Taiwan (Taipei Times, 19 August 2007).

If the upgrade facility for airsoft weapons migrates to the UK as quickly as the original weapons did we are likely to encounter a steeply rising curve of incidents resulting in preventable injury and even death.  Having created the airsoft loophole the UK's Home Office must reassure the public that it will be impossible for airsoft gun owners to "trick out" their weapons.  If no such guarantee is possible then the defence created for the airsoft gun owners should be withdrawn immediately.

 

Regulations on airsoft guns insufficient

Yukako Fukushi

 

Yomiuri Shimbun  3 November 2005

 

With a recent series of airsoft gun shootings nationwide and weak regulations self-imposed by the industry, it is time lawmakers reviewed the current firearms law to better restrict sales, thereby preventing the use of these more powerful, potentially deadly, weapons.

 

The possession or use of an airsoft gun--a toy that fires a plastic pellet with low-pressure air or gas--is not prohibited by the Firearms and Swords Control Law as long as the owner of the gun does not use it to cause harm. The hobby has attracted aficionados from a wide age range, from children to the elderly.

 

Nationally, about 1.2 million airsoft guns are in circulation, commonly used in increasingly popular survival games, in which participants wear camouflage and goggles and arm themselves with the air-powered firearms, according to ASGK, an association comprising 18 toy gun manufacturers.

 

However, there recently have been a number of incidents involving remodeled airsoft guns nationwide.

 

On Sept. 25, a car was hit by airsoft pellets that shattered its windows along the Hanwa Expressway in Wakayama. Three days later, a truck traveling through Ibaraki, Osaka Prefecture, on the Meishin Expressway, was shot at with what was thought to be an airsoft gun and the driver's seat window was smashed.

 

Stock airsoft guns have limited power--if shot at a person, the pellets produce mild irritation and redness on the skin.

 

But airsoft guns can be "tricked out" by replacing low-pressure air canisters with those containing carbon dioxide gas, potentially resulting in a deadly firearm.

 

"With the proliferation of the Internet auction, parts are easily obtained for upgrading the guns," a senior official at the Metropolitan Police Department said.

 

In September, in the first case of its kind, the MPD arrested a manufacturer on suspicion of violating the Firearms and Swords Control Law by selling upgrade parts.

 

The aim of the arrest, according to sources, was to make manufacturers more aware of the impact of selling upgrade parts.

 

Yahoo Japan Corp., one of the nation's top online auction houses, has decided it will prohibit the sale of upgraded airsoft guns or parts clearly intended for adding power to the weapon.

 

However, there are fundamental problems in solving the problem. About 90 percent of illegal remodeled airsoft guns confiscated by the MPD since spring were produced by a manufacturer in Aichi Prefecture.

The device on the gun that regulates the inflow of the carbon dioxide gas had been reinforced so it could withstand the upgrades, the sources said.

 

The ASGK has set up its own restriction on upgrading the gun's body for upgrading purposes. But the Aichi maker is not a member of the organization, and the police cannot easily charge those who have only upgraded the gas injection device.

 

Despite frequent crimes involving airsoft guns, parts manufacturers continue to meet the demands of airsoft fanatics who decide to upgrade their guns, despite knowing full well that to do so was illegal.

 

As long as the association's self-imposed restrictions continue to lack bite, relevant laws, including the Firearms and Swords Control Law, must be reviewed so the sales of parts can be better controlled.

 

 

700,000 illegal airsoft guns in circulation

 

Yomiuri Shimbun  31 March 2007

 

Only one-eighth of remodeled airsoft guns outlawed in August under the revised Firearms and Swords Control Law in August have been disposed of or returned to their original condition, a National Police Agency survey has found.

 

Airsoft is a military simulation sport. Airsoft guns, typically replicas of real firearms, fire spherical plastic pellets.

 

According to the NPA, there are about 800,000 remodeled airsoft guns subject to the revision in Japan, but only about 100,000 of them have been confirmed to have been discarded or modified to reduce their muzzle energy. The remaining 700,000 are believed to be owned by gun enthusiasts.

 

The airsoft guns in question are remodeled versions of manufactured products, and the makers do not have a clear idea of who the owners are. Some airsoft gun makers plan to run TV commercials to publicize the revision, while asking police not to immediately crack down on illegal gun ownership, saying some people may still be unaware of the revision.

 

The revision was put into effect after cars were hit by remodeled airsoft pellets in September 2005 in Osaka and Wakayama prefectures.

 

Airsoft guns subject to the revision are those with pellets measuring at least six millimeters in diameter and can penetrate an aluminum can when fired from a distance of one meter. Those found in possession of such weapons are subject to a prison sentence of up to one year or a fine of up to 300,000 yen.

 

Manufacturer groups such as Air Soft Gun Kyokai (ASGK) estimate that of the 4.5 million to 5 million airsoft guns in the nation, about 800,000 remodeled ones became illegal following the revision.

 

The NPA decided that the six months after the revision would be a transitional period, and if illegal airsoft guns were discarded or remodified to bring their muzzle energy within the legal limit during that period, the owners would not face a penalty.

 

The transitional period ended on Feb. 20, and the NPA found that only about 100 remodeled airsoft guns were brought to police stations to be disposed of during the period, and that only about 100,000 such guns were fixed by manufacturers to lower their firepower.

 

An NPA official said, "The transition period is over, so if we find someone who owns such an [illegal] airsoft gun, the person will have to be penalized."

 

On March 20, the Metropolitan Police Department sent papers to prosecutors on a 28-year-old man of Kanagawa Prefecture on suspicion of possessing two remodeled airsoft guns. The MPD found the man bought one of the guns when he was in primary school.

 

Remodeled air guns usually sell at high prices after being fitted with stronger springs or having their air canister replaced with a carbon dioxide one.

 

But the ASGK said, "Airsoft guns are toys, so we don't conduct follow-up checks on customers."

 

The Japan Air Sports Gun Association, comprising three air gun manufacturers, will commission TV commercials showing that airsoft guns with a certain muzzle energy are illegal.

 

The association also has started asking police to show an understanding attitude if owners voluntarily come forward to ask about how to dispose of their airsoft gun or weaken their gun's firepower.

 

> See News Items

> See Earlier Comment

Written 17 December 2007

 

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