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Is it legal to paintball... (58)

This post is on the Open Air BDSM web board.

9 Sep 11, 6:09 PM
proccie
UK(HP), 6 yrs

MarkandMelanie wrote:

Tanos wrote:

Amazonia_Sidero wrote:

Tanos wrote:

Amazonia_Sidero wrote:
Is it legal to paintball on open common land?

What kind of land do you mean by open common land? An example would be good: Hyde Park? Kielder Forest?

I don't know the names of locations, not being British. LOL I meant the larger big swathes of land which have signs that say "XXXX Common". Or, the woods, yes. Or, I don't know where, but those "isolated cottages" we are always talking about where noone is around for miles. I didn't have anyplace in particular in mind (though there is a very large Common not miles away). There wasn't much sense in even thinking about a location if it wasn't legal except on private land.

Apart from a few pockets of regulated common land (eg Wimbledon Common, where the mere possession of "compressed air" guns is illegal, along with playing card games and various other activities) all land is owned and therefore "private land", even if it's owned by public bodies. Going on to land that you don't own without permission with a "firearm" is the criminal offence of armed trespass. The threshold for a "firearm" in this context is now that the projectile has one joule or more of energy (which is less than one ft.lb in old money.) Paintballs easily exceed that. The test the CPS is aiming for is: if you fire it straight into someone's eyeball, does the projectile penetrate any tissue?

:T:

paintball markers are not classed as firearms, which is the reason they run on CO2 not compressed air. The current CPS guidelines on paintball markers state that they fall outside the scope of the firearms act unless they are powered by "compressed air" or exceed the 12ftlb energy limit for all air weapons or are adapted to fire anything other than paintballs.

The UK Paintball Sport Federation has a page on UK law here: http://www.ukpsf.com/paintballlaw.php

My reading of the confused legislation regarding "Air weapons" is that gas weapons (Only a lawyer could see a difference between air and a gas!) were section 5 weapons and totally banned until recently.

The widespread use of paintball guns forced the hand of the home office who then allowed CO2 powered weapons, both CO2 powered airguns and paintball guns.

The choice of propellent; CO2 or Air is now immaterial.

Notwithstanding the above mentioned website's advice, I think that were you to trespass with a loaded paintball gun you would find that as with airguns the law can still regard them as "firearms"

IANAL.

Zen S&M: The sound of one hand slapping.
'()_/)
(>'.'<)
(")_(") < MINE!

Edited 9 Sep 11, 6:13 PM by proccie

17 Sep 11, 2:05 PM
Ama_Sidero
UK(GU), 7 yrs

AdultOutdoorPursuits wrote:

Amazonia_Sidero wrote:

To the others, I hardly think that a middle aged woman would set off any alarm bells - more likely people would think it was me playing commando with the grandkids than being real. And to reiterate - I was thinking secluded common land, with little chance of being seen chasing a naked man. LOL

This activity is one of two that I am currently considering as additional use for this venue. Initial response from enquiries to several paint-ball/wood-ball outfits do seem to confirm that we have the right environment. Namely :

1. The land is privately owned. 2. All 17 acres are free from any other form of right of way, whether easement or public. 3. The four boundaries of the site are clearly marked, two abut un-numbered public highways by means of an earth bank and two abut private farm land used only as accommodation or grass-keep. 4. The venue has excellent vehicular access, large level car-park and reasonable logistics. 5. It has been used safely with absolute seclusion by many naked guests . . . including chasing/being chased.

If anyone is interested in this form of use for the venue by a responsible group then please send me a detailed memo?

Well, after this thread I highly doubt you would think me responsible enough.

However, I have found a vanilla proper paintball venue which will let us play in any dynamic we choose and naked if people like. I already have the tickets and need 30 people.

20 pounds per person. Date sooner is better than later as I don't want the venue to forget the deal. LOL Obviously after the awesome Cruel Huntress Hunt - Nov?

@Play_Space - Next party is Friday, September 23 from 930 - 3 am. Info found here: http://www.informedconsent.co.uk/posts/301137/0/... Road Trip to the Sea!!! Next tentatively planned in October.....Just elapsed...More info here:http://www.informedconsent.co.uk/posts/305429/0/...

17 Sep 11, 3:20 PM
Lucius_Sulla
UK(E), 2 yrs

Amazonia_Sidero wrote:

Lucius_Sulla wrote:
I dont think airsoft could ever be a proper gun

I was quite surprised to see that a lot of airsoft are .22 caliber. That is a standard bore rifle in the USA and definately a firearm. It may fire from an air canister, but it is what we use for hunting. 8-O Unless airsoft don't shoot as far or something?

Well - an airsoft toy fire a 6mm plastic BB which is actully bigger then a .22 cabibre or Nato round. But a BB has near fuck all mass so its impossible to compare the two.

17 Sep 11, 4:21 PM
SubWhisperer
UK, 5 yrs

Fire arms regs don't apply

Offensive weapons (in public) do - same deal as air guns

Keep well clear of roads, public places (and foot paths)and don't carry them openly until you're ready to use them

Curiously enough - even a single tail is an offensive weapon if some anal person chooses to persue the matter

Fortunately, the local bill here know i'm a whip chucker - so i've yet to "have a visit" - despite the efforts of a not even close neighbour

So - as you may have guessed - "not upsetting the 'nillas" is the key to this stuff

Ever wondered who the devil comes to for ideas ?

25 Sep 11, 8:45 PM
MsTrixzenaz
8 mths
£

KinkyRoly wrote:

nastybstd wrote:
Just for the record paintball guns and airsoft guns are not in fact firearms at all.

The link that I provided to the UK paintball Sport federation clearly states that most paintball guns are not classified as firearms ( because the projectile breaks up on impact, rather than penetrates ).

However if people carry them in public places, the law which they will fall foul of is the Anti Social Behaviour Act of 2003, which prohibits people from having with them without reasonable excuse any air weapon ( whether loaded or not ) or any imitation weapon.

The bottom line is that you are liable to be arrested if you carry a paintball gun on public land and that is what Ama was asking about. While paint ball guns are not classified as firearms or offensive weapons per se, once injury is caused, it immediately becomes an O.W. and it is an offense under your English law to possess one in a public place without lawful authority or reasonable excuse.

25 Sep 11, 9:43 PM
RotHund
UK(FY), 8 mths

nastybstd wrote:
Just for the record paintball guns and airsoft guns are not in fact firearms at all.

Warning, anal alert!

Any airsoft weapon regardless if it's a RIF (Realistic Imitation Firearm) or a two-tone (50% brightly coloured) that is over 1 joule of power and is fully auto capable is technically a class 1 firearm. The issue is that it's yet to be tested in court.

26 Sep 11, 3:11 PM
sirguym
UK(HR), 6 yrs

AdultOutdoorPursuits wrote:
This activity is one of two that I am currently considering as additional use for this venue. Initial response from enquiries to several paint-ball/wood-ball outfits do seem to confirm that we have the right environment. Namely :

If anyone is interested in this form of use for the venue by a responsible group then please send me a detailed memo?

I'd second that, the place is ideal for that purpose.

Guy

Tawsingham, where everyone can be whomsoever they want to be @Tawsingham_Feudal guy@tawse.com PO Box 135, Hereford, HR2 7WL, UK +44(0)1432 343100

26 Sep 11, 5:51 PM
marcusl
UK, 6 yrs

ImpellHer wrote:
Hello, am interesting question.

I believe that it would not be illegal to shot a paintball in open air on public/common land. The paint ball gun is manufactured within safe limits, similar to an air rifle 12F/lb pistol 6ft/ilbs.

It would be illegal as you would be in possession of an offensive weapon, under S1 of the Prevention of Crime Act 1953:

Prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse.

(1)Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

Paintball markers, airsoft realistic imitation firearms or any other projectile firing weapon could be classed as such.

ImpellHer wrote:
To use the paint ball gun offensively with an Non -onsenting person would amount to assault. To hit someone unintentionally is an accident and not criminally reckless/intentional. Accident means the person/dog was not in view and you did not believe it would be hit and a reasonable person could believe the same (the test is on balance of provability).

It would count as assault, or at least S5 of the Public Order Act.

ImpellHer wrote:
It is lawful to consent to assault as long as it does not amount to sec18/20 GBH. However within in sport, play, BDSM it is fine without minors. Public interest factors will relate to perverse/unusual activity.

The guys in the now infamous Op Spanner case would think this is somewhat untrue. Many convictions were done under S47 of the Offences Against the Person Act, which ABH, not wounding/wounding with intent. It isn't a defence in law to state you consent to ABH before, during or after BDSM play.

ImpellHer wrote:
Common land is free and unrestricted. It may be subject to council buy laws (differ from place to place). I strongly believe in Freedom and the exercise of our uniquely British Anglo/Saxon common law principles. I hope you will never shy away from things for rear of the Police being called. You can explain your actions in simple language. If you can identify yourself and nothing serious has occurred the police should not arrest you. The weapon could be seized for analysis, but it will be obvious to a dullard that a BB weapon is just that on inspection.

S4 of the Prevention of Crime Act would cover any land/property if the public have access to it:

(4)In this section �public place� includes any highway, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984 and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise; and �offensive weapon� means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

So in essence, having a paint marker out and firing it at a consenting individual, would still have you locked up for possession of an offensive weapon.

The police aren't going to sidle up to have a quick word either. A call from a member of the public stating there's someone running around shooting at another on the local heath will mean you'll be explaining away your actions at the local nick, on tape and under caution after first having spent an uncomfortable time looking at the business end of a firearms officer's gun.

Airsoft weapons classifed as realistic have their importation and sale controlled under the Violent Crime Reduction Act. New paint markers are going that way, as their appearance is becoming more like the real deal. They may be obvious imitations upon closer inspection, but the Met police have stated that 80% of their gun crimes involve imitations, so it's not as easy as one may think to tell the difference.

Amazonia_Sidero wrote:
Is it legal to paintball...

on open common land? Can a person just go and do it somewhere? It seems that even if it is not illegal in case one accidently shoots a dog-walker, it would get paint on the landscape. I'm not sure if the airsoft rules apply, as airsoft are proper guns (some of them!)

I know google is my friend, but I hate google as you come up with 18 million hits, most of which are directories trying to sell common land (probably) and i seem to lose a large portion of my life looking for things there.

Ta in advance!

All hail Zoidberg, saviour of the Universe!