Category Archives: Law

STOP California Senate Bill 798, how you can help.

Californian Airsofters are spitting tacks over the prospect of Senate Bill 798 passing through the Senate. This bill may require allq1a34toy Airsoft guns bought and sold in the State of California be emblazoned with vivid colouring of the red, blue, green or clear variety. While I suffer under an archaic law requiring all my AEGS to be semi-auto only, this is much worse, in my opinion.  While widely publicised now, it doesn’t hurt to throw some more light on it. Here is an appeal video from Prodigy who is a member of Airsoft Team Kilo23.

Download the letter now and fax/email/post to register your objection.

This article, STOP California Senate Bill 798, how you can help., was originally published by Everything Airsoft. Copyright 2010

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Filed under airsoft, California, Law, Miscellaneous

Deep Fire M72A2 LAW Poster

Deep Fire M72 A2 LAW

This seemd to have gotten in our SPAM area sent in by one of our readers, RagingRick. The image above is the poster of th Deep Fire M72A2 LAW released in 2006, but they have a new one which of course would get your male hormones going below… “Can you think of a weapon that is lightweight, easy-to-use and effectively devastate most enemy armor? I believe you might have the answer of this question. Yes! That is M72 LAW. M72 LAW is a portable anti-tank weapon that has been serving in the battlefield for many decades. Infantryman is able to handle this portable weapon and successfully on dealing with tanks and armored vehicles on the battlefield. This anti-tank weapon is also found in many famous video games ‘to blow up enemy’.

DEEP FIRE has released this M72A2 for Airsoft collectors and players to put this into Airsoft games. M72A2 is a powerful rocket launcher that closely replicates the design of the original M72 LAW. Following is the features of DEEP FIRE M72A2:

  • 180Rd BB Shower v.2 (DF-ACC01), 96Rd BB Spherical Head Shower V.2 (DF-ACC54/55/56) and 57mm Vacuity Ball (DF-CPO40) work great on this weapon
  • Any other M203 shell is also suitable
  • The shells are easily reloadable into the launder
  • A handle bar has a rotary system to apply lock and unlock
  • Folding front and rear sight looks a like the actual M72 LAW

We have two versions of DEEP FIRE M72A2 are available: Original (DF-SW005) and Special (DF-SW006). Get ready to order this and put the loads of fun and loud bang into Airsoft game!”

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Filed under Deep Fire, Law, News

Smith & Wesson files Lawsuit against Cybergun, S.A.

Arizona based firearms manufacturer, Smith & Wesson has, on 17th June 2010 in the District of Arizona, filed a lawsuit against French airsoft retailer Cybergun, S.A., alleging Trademark Infringement, and Federal Unfair Competition related damages.

Smith & Wesson entered into a license agreement with Cybergun in 2005, giving Cybergun exclusive rights to use Smith & Wesson ‘Marks’ on licensed articles which included Airsoft guns, targets and ammunition, i.e. BBs. This license also extended to advertising and promotional material but express permission and approval had to be obtained from S&W for Cybergun to authorize third parties to use S&W ‘Marks’ in their promotional material.

ffirb3r5kfjaaxjxIn February 2009, Smith and Wesson allegedly notified Cybergun SA that third party retailer Palco Sports, a distributer for licensed Cybergun products, was allegedly using and displaying Smith & Wesson ‘Marks’ in it’s 2009 catalogue without express permission and approval from Smith & Wesson and that subsequently, Cybergun was in breach of their license agreement.

Subsequently, Cybergun allegedly permitted Palco Sports to once again use Smith & Wesson ‘Marks’ in the Palco Sports 2010 Sports Calender without prior written approval of Smith & Wesson and were notified of the breach on 31st March 2010. As a result of the failure of Cybergun to cure the numerous breaches, Smith & Wesson terminated the License agreement and all related provisions of the licence.

Despite the termination of the licence, Cybergun allegedly has continued to advertise and use the Marks with the Licensed Articles, and continues to sell those goods in violation of the License and in violation of federal trademark rights.

Subsequently, Smith & Wesson is suing for six counts including Federal Trademark Infringement, Federal Unfair Competition, Federal Dilution and Breach of Contract.

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This article, Smith & Wesson files Lawsuit against Cybergun, S.A., was originally published by Everything Airsoft. Copyright 2010

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Filed under Cybergun, Law, Lawsuit, Miscellaneous, Politics, Smith & Wesson, Trademark Infringement

The Tacoma Airsoft Seizure Update: The Great Federal Airsoft Theft

In this third article covering the seizure of Airsoft Outlet Northwest’s (AONW) shipment of WE TTI gas blowback airsoft guns by Federal Agents, we look over the latest updates and bring to light some new information and also examine how it’s all beginning to unfold. Even with all the information not available, especially on the side of BATFE, a pretty clear picture is starting to emerge that has led me to believe that this wasn’t a seizure… It was theft.

Lets start with the initial discovery by Customs and Border Protection. I don’t want to delve too deep into this as I believe it’s not the real reason for the seizure, but for many years now, the U.S. Customs has led everybody to believe that imports of Airsoft guns requires a Blaze Orange plug or tip to be present on the end of the barrel.

It may come as a shock to U.S. Airsofters but this is incorrect.

Airsoft Guns are NOT required to have a bright orange mark on the end of the barrel!!

What!! Hey, I’m just repeating what Customs defines in their frequently asked questions.image

I quote from CBP’s page regarding airsoft imports:

Air soft, paintball, bb guns, and other guns that use a gas or air pellet or mechanical spring action to fire a projectile are not subject to Department of Commerce regulations for toy or imitation firearms that require bright orange plugs or other markers to be affixed to the end of the barrel (15 CFR 1150).

It doesn’t get any clearer than that, and I’m not suggesting you break the ‘rules’ but just realise that when it comes to Federal Agencies, it appears that they basically make the rules up as they go along and they’ll still seize your shipment regardless of what U.S. Statutes exist.

I listened to an interview by Alex Jones from infowars.com where he discusses in detail with Brad Martin of AONW some of the finer points of the seizure. While it’s pretty clear Alex Jones is a huge liberalist and Second Amendment rights campaigner, he makes some good points. Listen below, it’s about 30mins.

listennow [Audio clip: view full post to listen]

 

While BATFE were patting themselves on the back early on in the media frenzy, it was kind of unclear why they had seized the shipment, was it the blaze orange tips? Was it to save the children? No.

The Dori Monson Show interviewed both Brad Martin of AONW and Cheryl Bishop of the BATFE and gave each party time to state their case and during the BATFE part of the interview, it finally was revealed what part of US Law was the subject of the seizure.

image [Audio clip: view full post to listen]

 

BATFE Labs in Martinsburg, West Virginia has classified the lower receiver of the WE TTI as a ‘machine gun’ as defined under Title 26, Section 2845 b of the U.S. Code.

(b) Machinegun

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

The important part of the above text is this "The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun"

‘Designed and intended solely and exclusively … for use in converting a weapon into a machine gun’

The receiver of a WE TTI Gas Blowback was designed and intended solely and exclusively for use in an airsoft product.

So whether the receiver can accept an AR-15 trigger group, which it can’t without extensive modification, is irrelevant. The WE receiver was produced from the ground up to be fitted into an airsoft rifle, so Title 26, Section 2845 b of the U.S. Code does not cover the BAFTE’s case.

So, in other words, BATFE can not stand behind this U.S. Statute, it doesn’t even apply. Not only did BATFE have absolutely no right or authority to seize the shipment of airsoft guns, the matter should have been referred to Immigration and Customs Enforcement (ICE) for investigation. BAFTE = No Jurisdiction.

You can’t help but notice over the last few days, ATF has been less vocal and appears unwilling to go on record with their claims. The opinions of tens of thousands of people all over the internet from Airsoft forums to Real Steel forums has been overwhelmingly in favour of Airsoft Outlet Northwest, and I’m willing to bet that, that is weighing down on the authorities.

The ‘good catch’ rhetoric has disappeared, the back slapping has petered off and it would appear the voices of thousands from all over the internet is being heard.

Story KOIN6 TV had such a really good response to their first piece about the Tacoma seizure, that they have now updated their article where KOIN6 TV reporter Alexis Del Cid starts asking the BAFTE the hard questions. This video is where BAFTE appears to start to close ranks, refusing to answer questions and the most revealing of all, almost, kind of reveals their true intentions.

KOIN6: Does the ATF believe these toys can be converted into deadly weapons that fire real ammunition?

BAFTE: Refuses to answer the question and keeps referring to the definition of a machine gun, something than can fire multiple rounds.

KOIN6: Does firing multiple rounds of plastic pellets fall into that category?

BAFTE: ATF still refuses to answer.

Now this is important, because it reveals the true intentions of the BAFTE, and this may reveal a bigger agenda.

BAFTE: This is more of a public awareness issue and that the real danger is how realistic these toys look.

So you stole the guns to raise a public awareness issue, Roger that! You’ve just declared war on Airsoft…

 

If you want to lodge a protest or complaint, use the following contact points.

Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530

E-mail: oig.hotline@usdoj.gov

Online: Reporting Form

Hotline: (contact information in English and Spanish): (800) 869-4499

Fax: (202) 616-9881

Also, the public affairs agents who are responsible for the press release:

john.d.mcbride@dhs.gov
Customs Public Affairs Liaison, Portland-Tacoma
cheryl.d.bishop@usdoj.gov
Special Agent, Public Affairs Officer
BATF Seattle Field Division
206-389-5859

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Filed under Airsoft Outlet NW, BAFTE, CBP, Law, Miscellaneous, Politics

U.S. Customs seizes shipment of WE M4 GBBR’s allegedly bound for Airsoft Outlet NorthWest

Hitting the airsoft world today is a story picked up by Seattle’s King5.com and Tacoma’s The News Tribune about a shipment of 30 WE M4 Gas Blowback airsoft rifles being detected and seized by US Customs and Border Protection.

 

Customs officials at the Port of Tacoma seized a shipment of 30 pellet guns that officialsCBP-seal say could have been modified into machine guns.

An investigation is under way after U.S. Customs and Border Protection officers discovered the Airsoft guns Feb. 8 in a suspicious-looking container. The shipment, labeled “Toys and Parts,” was worth about $10,000 and arrived at the port in October from a manufacturer in Taiwan, Customs and Border Protection spokesman Doug McBride said.

The Bureau of Alcohol, Tobacco, Firearms and Explosives determined that the rifles were equipped to shoot plastic balls but could be converted into machine guns firing live ammunition.

Ok, I didn’t want going to start on the obvious FUD being reported on here, and I can’t completely blame the news organisations for this, as they report on what they have been told and are not the experts unlike the BAFTE and CBP, but the implication that these seized airsoft rifles can be converted into firing live ammunition just astounds me.

I would be first in line (behind a bulletproof screen) to witness the carnage that would ensue from somebody attempting to detonate a .223 round in the alloy upper receiver of an M4 GBB, as unlikely as it would be with the absence of a firing pin and all the other essential parts of an AR-15 bolt to detonate a live round. The ludicrousness dissuades me from wanting to even touch on the other issues such as the barrel, the BCG and the dimensions of the WE receiver being incompatible with real steel tooling.

BATFE and CBP have experts in weaponry, and I have absolutely no doubt that they understand the mechanics of a toy GBB M4 and a Real Steel AR-15, why they would feed the media such obvious FUD boggles ones mind.

0224machien_guns_seized “You couldn’t tell by weight or feel” that the guns were fake, ATF spokeswoman Cheryl Bishop said. “Most people would be hard-pressed to tell the difference, and that’s why we were so concerned.”

The metal pellet guns had the same size, weight and appearance of an M-4 automatic rifle, the weapon used by the U.S. military. The rifles did not have serial numbers on them, as real guns would, but they also did not have the orange-blaze tip required for all imported toy guns.

“You could slide a magazine in there. They load and charge very realistically, very much like the real thing,” Bishop said.

The ATF also determined that the shipment did not arrive with the proper permits to enter the United States. The guns will be destroyed.

It would seem the sensationalism and FUD are unnecessary if you are to believe the reports that the rifles arrived in the US without the federally mandated blaze orange tip and improper permits for importation. If you just take those factors into consideration, it becomes a non-story.

What would have seemed to be a error of the clerical and shipping nature has been turned into a FUD based crusade by US Authorities for reasons that are kind of unclear and Seattle based news site, King5.com certainly doesn’t help the situation by incorrectly (in all intonations) referring to the toys as ‘Machine Guns’.

"These rifles could have had far-reaching and potentially devastating ramifications if they had gotten into the hands of individuals who wanted to do harm in the American population," said Customs and Border Protection Area Port Director, Rolando Suliveras, Jr. "This was a good interception by our officers."

FUD = Fear, Uncertainty and Doubt

The fact that the shipment arrived in the United States in October of last year and has only just been discovered, Feb 8th 2010, also raises questions.

An anonymous source has stated that the airsoft shipment was heading to Oregon based retailer Airsoft Outlet NorthWest, we have contacted Airsoft Outlet NW for confirmation but as of time of writing, although contacted us, have not released a statement concerning the seizure.

According to the Airsoft Outlet NW website, the owner of Airsoft Outlet Northwest will be addressing the news on the Lars Larson Show on 750 AM KXL at 2p.m. today.

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Filed under Gas Rifles, Law, Miscellaneous, Seizure, Tacoma, Washington, Wei E Tech M4