DANGEROUS WEAPONS BILL [B37 – 2012] USE OF IMITATION FIREARMS FOR SPORTING ACTIVITIES SUBMISSION TO THE PORTFOLIO COMMITTEE ON POLICE BY THE GAUTENG AIRSOFT CLUB Mr. Tyron Wilde Dr. Andre du Plessis Mr. Alexander Mathey

o A brief overview of Airsoft – History – Safety – Diversity o Airsoft in South Africa o Dangerous Weapons Bill (Concerns and Suggestions) – Definitions – Possession prohibited – Regulation of gatherings o Summary O VERVIEW

History of Airsoft Recreational activity where participants eliminate their opponents with spherical non-metallic pellets launched from replica firearms. The sport is internationally recognized. Started in Japan in the 1970’s  to allow military and reenactment enthusiasts to enjoy owning and handling imitation firearms in countries where real firearm ownership in banned. To make the weapons legal in those areas, they were specifically designed to be unable to be converted to fire real ammunition as they are made of aluminum alloy and plastic. The sport has since spread to all parts of the world. A BRIEF OVERVIEW OF AIRSOFT

Gameplay types varies: Short term skirmishes Close quarter battles Military simulations Reenactments Speed shooting.

Safety begins with the pellet itself. – Non-toxic, non metallic spherical ball. – The caliber (6mm) and the maximum permissible velocity of 500fps or 2.3 joules of kinetic energy results in a replica firing a pellet that can’t penetrate the body, even if fired at close range. The maximum effective range is meters, in good weather conditions. Airsoft guns are made of aluminum alloy and plastic, and need to be handled with care as the air gun’s housing breaks if dropped. A IRSOFT S AFETY

Protective eye ware is essential for both participant and spectator All games include a safety briefing on the rules of engagement – Including procedures if someone either takes off their eye ware or a spectator enters the defined game area without protective eye ware. (See initial submission of safety rules) At all our games each player is made aware of our code of conduct off the field of play: – includes our endorsement of responsible gun ownership, be they real firearms or air guns, – stipulate that their transportation and use off the game field must be conducted in the same way you would a real firearm. (See initial submission of code of conduct) W E SUPPORT THE SAPS IN STATING THAT WE DO NOT ENDORSE DISPLAYING OR CARRYING A IRSOFT AIR GUNS IN PUBLIC. A IRSOFT S AFETY

A IRSOFT D IVERSITY Airsoft air guns come in many different types and levels of quality: The entry level air guns are entirely made of plastic cost around R To hand built competition race guns that cost R Given the high cost of air guns, if a criminal has the money to purchase one with the intention to commit crime, for less money he could get a real one.

Officially started in 2007 when Cape Town hosted the first National Airsoft Competition. 20 Players attended. Open to all races and sexes, though we require parental permission if a minor. Currently Gauteng Airsoft has more than 1500 members on its website, and we host games almost every weekend with attendance of about 80 to 100 players. We have hosted games of up to 180 players on the field. The link to our website: A IRSOFT IN S OUTH A FRICA

1.Section 1 (Definitions): In the new Dangerous Weapons Bill all air guns are classed together as “Firearms”, including muzzle loaders, which fire projectiles at more than 8 joules. – An air gun in the Firearms Control Act is defined as a device discharging a bullet or other projectile by means of compressed air at a muzzle velocity of less than 8 joules or caliber of less than 5,6mm. – In reality the wording in it’s current form would include toy air guns, which can not cause critical injury or death in which an Airsoft air gun was specifically designed to belong. Recommendation 1: As it is clear than an Airsoft air gun does not fall within the definition of a “firearm” it is recommend that the definition of “firearm” in section 1 of the revised Dangerous Weapons Bill be amended by adding the following wording: – “but excluding a device in the nature of an air gun in which the bullet or other projectile is discharged at a muzzle energy of less than 2.3 joules.” D ANGEROUS WEAPONS BILL Summary of concerns and recommendations (1)

2.The concept “imitation firearm” or “replica” in terms of section 1 of the revised Dangerous Weapons Bill means an imitation firearm as defined in the Firearms Control Act. – This definition covers anything that has the appearance of a firearm but that is not capable of operating as a firearm, and cannot by superficial examination be identified as an imitation. As a first point, we wish to reaffirm that an airsoft gun is not capable as operating as a firearm, i.e. is not capable of expelling a bullet or projectile at a muzzle energy exceeding 8 joules. We now wish to propose that an amendment of the revised Dangerous Weapons Bill may be considered, by amending the definition of “imitation firearm” to provide for a further test (in addition to superficial examination) to determine that an airsoft gun is a mere imitation. D ANGEROUS WEAPONS BILL Summary of concerns and recommendations (2)

Recommendation 2: In order to make it clear that an airsoft gun can be identified as a mere imitation, it is recommended that the definition of “imitation firearm” in section 1 of the revised Bill be amended to read as follows: "imitation firearm” means an imitation firearm as defined in section 1 of the Firearms Control Act, such superficial examination to include an examination of the magazine of the device and its contents, and “replica” has a corresponding meaning.” We submit that an inspection of the magazine of an airsoft gun, and the “ammunition” held therein (ie pellets or balls), would make it clear that such airsoft gun does not constitute an “imitation firearm”, the possession of which is prohibited by section 2. Although differentiation by means of a specific colour or paint spray was mentioned in our original submission as a potential form of differentiation, the only true differentiation would be in the examination of the magazine and ammunition, used by Airsoft. D ANGEROUS WEAPONS BILL Summary of concerns and recommendations (2)

3.c. Section 2: Possession prohibited Section 2(2) of the revised Dangerous Weapons Bill sets out the relevant factors, without limiting the factors, that must be taken into account in determining whether a person intends to use an imitation firearm for unlawful purposes. In our main submission we proposed that a provision could be included in subsection 2(2). We now propose that another such factor could be an inspection of the magazine of the airsoft gun and the “ammunition” held therein. Recommendation 3: In order to ensure that a person in possession of an airsoft gun will not be held to contravene section 2(1), it is recommended that subsection 2(2) be amplified by introducing two further factors to be taken into account, namely – whether the imitation firearm bears a distinctive colour or marking to identify it as an airsoft gun; whether an inspection of the magazine of the imitation firearm shows that it is intended merely to hold airsoft ammunition, i.e. airsoft balls. D ANGEROUS WEAPONS BILL Summary of concerns and recommendations (3)

4.Section 4: Regulation of gatherings In our main submission we proposed that section 8(4) of the Regulations of Gatherings Act should be amplified to exclude also gatherings for purposes of a recognised sporting activity (in addition to gatherings for cultural or religious purposes or historical enactments). Recommendation 4: That a further reference to sporting activities be inserted into the qualifying paragraph of the revised section 8(4) to be inserted into the Regulations of Gatherings Act, in the following manner: after the words “during a gathering or demonstration, for cultural or religious purposes or historical enactments” insert the words “or a recognised sport activity” However, we also wish to record our understanding of the meaning of the term “gathering” (as defined in section 1 of the Regulation of Gatherings Act), namely that the gathering must for example have as its purpose to discuss, attack, criticise, promote or propagate the principles, policy, action or failure to act of Government or a political party or organisation. This interpretation would, in our view, exclude Airsoft events, which are not intended for any such activist purposes but purely as sporting events and for relaxation. D ANGEROUS WEAPONS BILL Summary of concerns and recommendations (4)

Our concern stems not from any opposition to the spirit of the Dangerous Weapons Bill, for what it aims to achieve if a person is attempting conduct criminal activity or break the law. It’s the possibility that a Airsoft player on his way to or from a game could be in contravention of the law, simply by having an Airsoft air gun in his possession. If there is a better way to word what we have requested and protecting our sport, without lessoning the impact of the Dangerous Weapons Bill on criminal activity, the Airsoft community would heartily support that. Thank You. S UMMARY