PYROTECHNIC LEGAL STATUS
Pyrotechnics are now becoming an intregal part of airsoft game play, and so they should be. When used correctly, they offer to enhance and exhilarate any fast moving game. However, they should be used with caution and care, and you should be aware of the following legal points:
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POSSESSION OF PYROTECHNICS
NORTHERN IRELAND
Under the Explosives Act (Northern Ireland) 1970, any person in the possession of explosive articles (pyrotechnics) must have gained the 'consent of officer of police to purchase or acquire explosives for a purpose other than blasting.' This can be done simply by completing a form and submitting it to your local police station. The process takes around 7 working days to clear, and must be done no more than 14 days from the date of the proposed transaction.
In Northern Ireland, the main airsoft providers have registered with the PSNI to posses and use pyrotechnics on their sites. It is acceptable for customers to use pyrotechnics purchased on these sites on the day of purchase, but you are committing an offence if you subsequently remove the surplus pyrotechnics from the site. You must register with the PSNI to legally do so. The form you need to download and submit is available in either Adobe PDF (click to download) of Microsoft Word DOC format (click to download).
The Explosives Act states:
"A person shall not carry out, or undertake to carry out, any of the following transactions, that is to say, making, selling, purchasing, acquiring, transferring or disposing of, any explosive unless—
(a) there have been furnished in writing to an officer of police full and accurate particulars of the proposed transaction and the consent in writing of such an officer has been obtained to its being carried out; and
(b) in the case of a sale, acquisition, transfer or disposal, he keeps a permanent record of all such transactions entered into by him and has entered in that record the name, address and occupation of every person from whom he has purchased or acquired any explosive and of every person to whom he has sold, transferred or disposed of, any explosive together with the dates of each such transaction and particulars of the quantity and nature of the explosive to which it related."
The act also states:
"Any person acting in contravention of any provision of this section or of any condition of any consent issued under this section shall be guilty of an offence and shall be liable on summary conviction to a fine ... or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. "
REPUBLIC OF IRELAND
The 1875 Act provides that fireworks and pyrotechnics may only be imported into Ireland with an importation licence granted by the Tánaiste and it is current policy to only issue licenses for the importation of fireworks used in organised displays, conducted by “professional/ competent operators”. In effect, this policy means that the only fireworks imported into the State and “legally held” are those used in professional displays. All other fireworks imported, held, sold or used in this country are illegal and any person in possession of fireworks without a valid licence is liable to prosecution.
GREAT BRITAIN
There is no requirement for customers resident in England, Scotland or Wales to register their intenion to purchase or store pyrotechnics.They must however be over the age of 18.
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HOME MADE PYROTECHNICS
Hearing through the grape-vine of a number of home-made concoctions, I thought it appropriate to state the legal status according to the Manufacture and Storage of Explosive Regulations (Northern Ireland) 2006.
"A person shall not manufacture explosives unless he holds a license for that manufacture, excluding:
- Explosives for laboratory analysis, not exceeding 100 grams
- The making of small arms ammunition
- The preparation of shot firing charges
- The fusing of fireworks for display
- The preparation of explosives for use in theatre, TV or film special effects"
So apart from being illegal, making your own home-made explosives, including smoke bombs, is very VERY dangerous.
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FREQUENTLY ASKED QUESTIONS
How do I purchase pyrotechnics for my own use?
1. Decide which products you wish to purchase
2. Contact Elements-FX to discuss your order, and to arrange a delivery date, not more than 14 days from the date of your application
3. Complete a PSNI Form 31/9 (see below) and submit it to your local PSNI station
4. The Police may wish to arrange a visit to speak to you and/or check your storage arrangements
5. After up to 10 working days you should hear YES or NO from the PSNI
6. If you have been successful in your application, contact Elements-FX to arrange delivery
7. Both you and Elements-FX must retain a copy of the PSNI Form 31/9 for a period of 2 years after the transaction
What is the PSNI Form 31/9?
This is the application form that must be submitted to the PSNI to receive approval to store explosives (pyrotechnics). It contains details about the applicant, the vendor, storage arrangements, how many and what type of pyrotechnics are to be ordered and most importantly details about the legitimate use for such devices. It is available in either Adobe PDF (click to download) of Microsoft Word DOC format (click to download), or emailed on request.
How should I store my pyrotechnics?
There is little guidance on the perfect storage for small amounts of consumer pyrotechnics, but the following simple tips should help (some excerpts taken from the Explosives Act (NI) 1924):
1. Keep the items sealed in their original cardboard packaging, a sealed metal box may not be best as it will create shrapnel should an accidental explosion occur
2. Choose a store which is dry and free from damp, and safe from any sources of ignition or explosion
3. Ensure that you have taken reasonable steps to ensure the security of your pyrotechnics, ie: lock them in an isolated cupboard as opposed to leaving under your bed
I have been asked for the NEC of the pyrotechnics I have ordered, what does this mean?
The NEC is the Net Explosive Content, and is the weight of the explosive material contained inside each pyrotechnic. A datasheet with these details is available from Elements-FX for submission to the PSNI is necessary.
Are there any age restrictions?
This is a tricky one! There is no age restriction given in the Explosives Act (NI) 1970, but there is alternative legislation in the Explosives (Fireworks) Regulations (NI) 2002 states that "It is illegal to sell fireworks to anyone under the age of 16." The definition of a firework is "a device intended for use as a form of entertainment which contains, or otherwise incorporates, explosive composition or pyrotechnic composition (or both), and which, upon functioning, burns or explodes (or both) to produce a visual or aural effect (or both)."
So YES ... to buy and store pyrotechnics you must be 16 (in Northern Ireland, its 18 in England!). There is no written restriction on the minimum age for the use of pyrotechnics, but common sense must prevail and for most young people, 16 is a good bench mark. |