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  1. #1
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    Default Big bore air rifles....

    The eternal debate on the ambiguity of the law has given rise to a 'radical', IDGAFF attitude from some seemingly commercially-driven individuals in the airgun fraternity.

    Even advice from Martin Hood looks like it's being overtly ignored, considering the strategy being undertaken by this (IMO) 'alternative fact' group of airgun enthusiasts.

    Considering this 'we are right and everyone else is wrong - including the longstanding, semi-understood FCA sections' (within the context of the FCA) outlook, I can only expect a hardening of attitudes towards air rifles by the powers that be - instead of a 'You guys have shown responsibility, tenacity and patience...here, have your wishes granted!' for a disambiguation of the law...in your favour!'.

    Personally, considering the bipolar nature of legislators and governance in this country, I think that 'poking the bear with a big-bore airgun' can only end in tears.

    My question from those LEGAL PROFESSIONALS out there...in order to better understand the 'borderline' actions of this group besides their obvious commercial motivation:


    • Have ANY of you PUBLICLY interpreted the law any other way, other than what is generally understood regarding air rifles over 5.6mm caliber?
    • If so, how did you come to the conclusion that you are correct?


    Considering that these people are actively importing and selling big bore rifles into the market to the (unsuspecting?) public, based on THEIR interpretation of Section 1 Ch 1, Chapter 3 Sec. 5 and Chapter 6 - 15/16/16A, will there be civil recourse should one be found in possession of one of these 'Yes, big-bores are legal' rifles?

    I am sure that there are a number of big-bore owners on this forum, and I would be interested in how you were convinced to 'pull the trigger' on your purchase too.

    Please don't get me wrong... I WANT A BIG BORE AIR RIFLE - I am simply concerned that interpretation and methodology being used will result in a blanket ban, or a blanket licensing requirement for all air-powered shooting.

    Please comment further...

  2. #2

    Default Re: Big bore air rifles....

    Are you saying there currently is shops selling airrifles in calibers above 5.5mm in South Africa? And the buyers are not applying for licenses?

  3. #3
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    Default Re: Big bore air rifles....

    Quote Originally Posted by shooty View Post
    Are you saying there currently is shops selling airrifles in calibers above 5.5mm in South Africa? And the buyers are not applying for licenses?
    Yes....

    Based on a particularly partisan interpretation of the law (and thereafter one can naturally assume using it to swing a decision to purchase), or/and simply making a purchase out of ignorance or arrogance, over the more widely accepted interpretation of 'any AIR RIFLE over 5.6mm is a firearm'.

    Hence, I would like to know whether there are huge numbers... say out of 20... lawyers that interpret the law in the same way as these 'rebels' do.

    Is there a viable loophole?

    If so, has anyone here exploited that loophole, and do they have the courage of their conviction to stand up and be counted?

  4. #4
    Moderator Skaaphaas's Avatar
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    Default Re: Big bore air rifles....

    No loophole in my view.

    Of it uses compressed air to fire a projectile, it is not an airgun if the calibre of the projectile is more than 5,6mm.

    This does not mean it is a firearm. To fall under the definition of a firearm, it must fire a projectile bigger than 5,6mm, and at a muzzle energy of 8 joules or more.

    Most (all?) of these “big bore” compressed-air rifles fall into the definition of a firearm as per the FCA.
    Sent electronically, thus not signed.

  5. #5

    Default Re: Big bore air rifles....

    Damn , I,m sure I have opened champagne bottles that came close to that energy level.

  6. #6

    Default Re: Big bore air rifles....

    I would stick with 5.5mm in air rifles.

    The reviews ive sen of the larger once on youtube. They only seem to shoot 2-3 shots.
    And most guys leave their Scuba tanks fitted.

  7. #7
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    Default Re: Big bore air rifles....

    Quote Originally Posted by Skaaphaas View Post
    No loophole in my view.

    Of it uses compressed air to fire a projectile, it is not an airgun if the calibre of the projectile is more than 5,6mm.

    This does not mean it is a firearm. To fall under the definition of a firearm, it must fire a projectile bigger than 5,6mm, and at a muzzle energy of 8 joules or more.

    Most (all?) of these “big bore” compressed-air rifles fall into the definition of a firearm as per the FCA.
    This is the logical, standard interpretation.

    I am interested to see and understand any LAW PROFESSIONALS' interpretation to the contrary, as in my mind, what these importers, sellers and buyers are doing is misguided (or plain arrogant) in the extreme. My fear is that it will impact negatively the ownership of lower caliber airguns. Surely there is a better way to get clarity from legislators by quietly asking specific questions, rather than to 'get up their asses' with what most see as blatant disregard for the law, albeit a slightly ambiguous one.

    The waters are muddied by paintball markers, black powder guns and champagne corks.

    Any LEGALS out there with an opinion?

  8. #8

    Default Re: Big bore air rifles....

    I'm pretty sure Skaaphaas is in the legal field.

  9. #9
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    Default Re: Big bore air rifles....

    Quote Originally Posted by Budlust View Post
    This is the logical, standard interpretation.

    I am interested to see and understand any LAW PROFESSIONALS' interpretation to the contrary, as in my mind, what these importers, sellers and buyers are doing is misguided (or plain arrogant) in the extreme. My fear is that it will impact negatively the ownership of lower caliber airguns. Surely there is a better way to get clarity from legislators by quietly asking specific questions, rather than to 'get up their asses' with what most see as blatant disregard for the law, albeit a slightly ambiguous one.

    The waters are muddied by paintball markers, black powder guns and champagne corks.

    Any LEGALS out there with an opinion?
    The plain reading of the act seems to me very clear. Everything over 5.6mm and more than 8 Joule is a Firearm to be licensed. People breaking the law should be prosecuted. But it should not impact on air guns that fall within the law. Just like using a SUV to rob a CIT van should not infringe on the right to own a sedan.
    But them we have a culture of blaming one group of people for what another group did...

  10. #10
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    Default Re: Big bore air rifles....

    From MJ Hood FB page.




    Sent from my iPhone using Tapatalk

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