Steve177 Posted August 26, 2011 Report Share Posted August 26, 2011 Hi folks, the kids of the family that live 2 doors away have got an BBgun ( airsoft i beleive, as they plastic pellets ), the problem is that a pellet from the gun has already hit a passer by in the face as she was walking past the garden gate. The pellets regularly leave their garden into neighbours, and i think ours as well, and we live 2 doors away. There is only a low fence between gardens, but we have a 6ft fence part way along the garden. We own our house, but the family are council tenants. What is the law regarding this, is it the same as for air rifle, ie pellets leaving boundary etc... Any help will be greatly appreciated. Steve Quote Link to comment Share on other sites More sharing options...
Beretta28g Posted August 26, 2011 Report Share Posted August 26, 2011 Well one question is what colour is the gun as a certain percentage has to be painted in certain hi-vizability colours. I believe they come under the same laws as air rifles e.g pellets not leaving the boundary, certain power laws and i think they are age restricted too. Plod could probibily pull them without a problem. Quote Link to comment Share on other sites More sharing options...
humperdingle Posted August 26, 2011 Report Share Posted August 26, 2011 Well one question is what colour is the gun as a certain percentage has to be painted in certain hi-vizability colours. Only if sold by retail after 2007 VCR bill came in. As soon as a projectile leaves their authorised boundary, they're effectively committing a crime. I suppose it comes down to whether or not the police regard it the same as an air gun. Quote Link to comment Share on other sites More sharing options...
Wharf Rat Posted August 26, 2011 Report Share Posted August 26, 2011 They are breaking the terms of their tenancy agreement by causing a nuisance. Your right to quiet enjoyment of your property is arguably being breached. Your council's antisocial behaviour unit can intervene and stop them using the thing irresponsibly. Usually though what they need is telling to stop respectfully - even if you consider them numpties. I deal with stuff like this all the time and 90% of cases can be stopped by neighbours talking. If you have already had a word then council ASBU (may have a different title in Kent) or Police. Whoever you contact, if you need to, have everything written down date-wise etc and if offered mediation don't turn it down; you will have less chance of aggressive comeback. What action did the person hit in the face take? Quote Link to comment Share on other sites More sharing options...
Cannon Posted August 26, 2011 Report Share Posted August 26, 2011 It doesn't matter what colour the gun is as the person using it may avail of the defence granted to airsofters under the VCR act. What matters is that projectiles have left the boundary of the house, albeit non lethal projectiles. They still have the ability to take an eye out. With regards the plod, I would like to think that they would treat this as if an airgun had been used. The power output from an airsoft gun will obviously be lower than that of an airgun, but it is still an unlicenced projectile firing weapon, and therefore should be categorised as an airgun given the nature of the offences commited. Quote Link to comment Share on other sites More sharing options...
Steve177 Posted August 27, 2011 Author Report Share Posted August 27, 2011 They are breaking the terms of their tenancy agreement by causing a nuisance. Your right to quiet enjoyment of your property is arguably being breached. Your council's antisocial behaviour unit can intervene and stop them using the thing irresponsibly. Usually though what they need is telling to stop respectfully - even if you consider them numpties. I deal with stuff like this all the time and 90% of cases can be stopped by neighbours talking. If you have already had a word then council ASBU (may have a different title in Kent) or Police. Whoever you contact, if you need to, have everything written down date-wise etc and if offered mediation don't turn it down; you will have less chance of aggressive comeback. What action did the person hit in the face take? Thanks for the replies guys, As far as i know, nothing has been done, but the family is "known" around here, typical council estate family...3 yappy, Jack Russell terriers, several kids that swear when out in the garden, using language that shouldn't be used publicly. They not rough or anything, the mum is just a dappy cow ( IMO ) and the kids have no discipline, and the boyfriend, well........mumsy is the deputy mayor apparantly. There is no point in talking to them, as she will just whine " its not my fault, i'll speak to them" which means yelling at them with several F words thrown in. Now you see my point Thanks again guys Quote Link to comment Share on other sites More sharing options...
UKPoacher Posted August 27, 2011 Report Share Posted August 27, 2011 If the pellet has hit a passer by then an assault has occurred irrespective of firearms legislation. Also check your local authority tennancy conditions as many stipulate a maximum number of dogs as one or two. Either way contact your local Neighbourhood Police Team if only to give them something to do. Quote Link to comment Share on other sites More sharing options...
garden gun Posted August 28, 2011 Report Share Posted August 28, 2011 Under the last firearms legislation BB was almost banned. They cannot own a BB gun unless they are members of a registered airsoft club. I agree with the others, assault committed and spoiling your quiet enjoyment. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 28, 2011 Report Share Posted August 28, 2011 Hi just a small warning it happened to us but they had a hand held crossbow pistol a bolt stuck in my shed and they lived 50yds away went through talking to them police involvement the kids having had their toy taken off them preceded to make are lives a misery scratched car broken front & back window new flower bed ripped up dog ***** put through letter box banging on door at all times of the night and quite a few other things I'm not saying don't report them just make sure they don't know who reported them o and these children were from 5 to 9 years old when they were finally rehoused Quote Link to comment Share on other sites More sharing options...
TaxiDriver Posted August 28, 2011 Report Share Posted August 28, 2011 Hi just a small warning it happened to us but they had a hand held crossbow pistol a bolt stuck in my shed and they lived 50yds away went through talking to them police involvement the kids having had their toy taken off them preceded to make are lives a misery scratched car broken front & back window new flower bed ripped up dog ***** put through letter box banging on door at all times of the night and quite a few other things I'm not saying don't report them just make sure they don't know who reported them o and these children were from 5 to 9 years old when they were finally rehoused given the righteous beating they deserved There, THAT reads better Quote Link to comment Share on other sites More sharing options...
durbsguy Posted August 28, 2011 Report Share Posted August 28, 2011 There, THAT reads better That is why when I have kids they'll be going to boarding school in SA or Aus where they'll be taught proper respect. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 28, 2011 Report Share Posted August 28, 2011 That is why when I have kids they'll be going to boarding school in SA or Aus where they'll be taught proper respect. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 28, 2011 Report Share Posted August 28, 2011 Hi taxi driver grate to know you are still there I think you read my mind happen about 15yrs ago about the time when that law came out about parents could not smack their children opened a can of worms then and we are still paying for it today Frank Quote Link to comment Share on other sites More sharing options...
guinty1 Posted August 28, 2011 Report Share Posted August 28, 2011 section 36 of the VCR act 2006 concerns the manufacture, import and sale of realistic imitation firearms. it is not concerned with the possession of such firearms. You would need to look at section 19 of the 68 act "carrying a firearm in a public place" for possible offences. This was amended in the anti social behaviour act 2003 section 37(1)(d)to include imitation firearms. A soft air gun is classified as an imitation firearm (see section 57(4)for definition. They are classified as imitation firearms because they do not satisfy the definition of a firearm as defined in the 68 act, "firearm" means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged. Soft air guns are not "lethal", they fall well short when tested. Before any one gets on their high horse they are capable of causing injury including serious injury to an eye,but as far as the law goes they are imitition firearms. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 28, 2011 Report Share Posted August 28, 2011 section 36 of the VCR act 2006 concerns the manufacture, import and sale of realistic imitation firearms. it is not concerned with the possession of such firearms. You would need to look at section 19 of the 68 act "carrying a firearm in a public place" for possible offences. This was amended in the anti social behaviour act 2003 section 37(1)(d)to include imitation firearms. A soft air gun is classified as an imitation firearm (see section 57(4)for definition. They are classified as imitation firearms because they do not satisfy the definition of a firearm as defined in the 68 act, "firearm" means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged. Soft air guns are not "lethal", they fall well short when tested. Before any one gets on their high horse they are capable of causing injury including serious injury to an eye,but as far as the law goes they are imitition firearms. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 28, 2011 Report Share Posted August 28, 2011 Yes I'm sure you are right I was surfing and on a bb site they were selling these see through big plastic guns which had a big spring and it fired plastic bbs it said they could be used to fire at each other as long as the children wore safety glasses and thick clothes they were classed as toy guns Frank Quote Link to comment Share on other sites More sharing options...
garden gun Posted August 29, 2011 Report Share Posted August 29, 2011 FT - there are the "toy" BBs and the very realistic imitation firearms. Youngest is into airsoft - not a cheap hobby - and almost fell four of VCR as he was still just under 18 when it came in. Mum and Dad had to be the registered purchasers - post the act he had to wait a few months before getting his birthday pressie. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 29, 2011 Report Share Posted August 29, 2011 FT - there are the "toy" BBs and the very realistic imitation firearms. Youngest is into airsoft - not a cheap hobby - and almost fell four of VCR as he was still just under 18 when it came in. Mum and Dad had to be the registered purchasers - post the act he had to wait a few months before getting his birthday pressie. Quote Link to comment Share on other sites More sharing options...
Fat toad Posted August 29, 2011 Report Share Posted August 29, 2011 Hi garden gun yes they were not cheap and the ones that looked real were very dear it's a shame that in airgun/ bbs/ archery/their seems to be a fraction that thinks it's the norm to be irresponsible they grow up and move on but it leaves a scar on are hobby and yet another reason to ban are hobbies Frank PS I hope he is enjoying is new gun birth day pressie Quote Link to comment Share on other sites More sharing options...
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