Correct on the date of publication - 27 July 2026
Question:
An airsoft pistol has been found in a private address. It was originally 50% orange in colour. The owner has sprayed the pistol black giving it the appearance of a realistic imitation firearm. Have they committed any offences?
Answer:
Section 36 of the Violent Crime Reduction Act 2006 makes it an offence for a person to manufacture, import or sell a realistic imitation firearm.
In the scenario described, the individual has modified the imitation firearm by changing the colour which, dependant on the specific context and circumstances, under section 36(1)(b) could be a modification which has changed it into a realistic imitation firearm. Changing the colour from orange to black could arguably make the imitation undistinguishable from a real firearm.
The definition of ‘realistic imitation firearm’ is in section 38 of the Act which states -
'38(1) In section 36 and section 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.
38(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 fire it.
38(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.'
In our view, if a person modifies an imitation firearm so that it becomes a realistic imitation firearm as per the above definition, then the offence under section 36 could be made out.
However, it is important to bear in mind that section 37 creates some statutory defences for the offence under section 36 if the purpose of creating the imitation firearm falls into one of the purposes contained in the section.
'37(2) Those purposes are -
(a) the purposes of a museum or gallery;
(b) the purposes of theatrical performances and of rehearsals for such performances;
(c) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 - see section 5B of that Act);
(d) the production of television programmes (within the meaning of the Communications Act 2003 - 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.
37(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.'
View the full Legal Q&A document here, with links to related and similar legal questions.
For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.
