Regime applicable to certain weapons usable in airsoft recreational-sports activities
[Source Boe.es] The recreational-sports activities of airsoft and paintball have been developing in the national territory for approximately two decades, with a considerable boom in recent years, which has led to its spread throughout the Spanish geography, in parallel to an international growth and development of the game modalities and the weapons to be used.
In the aforementioned activities, weapons are used that, by means of a spring, spring, air or compressed gas with a kinetic energy in the mouth of no more than 3,5 or 16 joules, depending on the case, fire material based on biodegradable polymers. Some of these shells may contain liquids or gels inside.
Although certain weapons used in the aforementioned activities have the same characteristics as those in the 4th category of article 3 of the Arms Regulation, approved by Royal Decree 137/1993, of January 29, and, therefore, are classified as Such does not happen with those that have an automatic firing system or are spring or spring activated. The latter are not specifically included in any of the categories of said article.
Section a) of the Third Final Provision of Royal Decree 137/1993, of January 29, enables that by Orders of the Minister of the Interior, issued on the proposal of the General Directorate of the Civil Guard, following a favorable report from the Interministerial Commission Permanent of Arms and Explosives, it will be possible to be determined, between the regimes included in the Arms Regulation, the one applicable to weapons not specifically included in any of the categories configured in its article 3.
This Order is issued in order to determine the regime of the Arms Regulation applicable to certain weapons that are used in the recreational-sports activities of airsoft and paintball.
During the processing of the same, the hearing procedure provided for in paragraph c) of the first section of article 24 of Law 50/1997, of November 27, of the Government has been substantiated, having been favorably informed by the Permanent Inter-Ministerial Commission of Weapons and Explosives.
By virtue, in accordance with section a) of the third final provision of Royal Decree 137/1993, of January 29, I provide:
Article 1. Playful-sports weapons.
1. A weapon for recreational-sports use is understood as a weapon operated by a spring, spring, compressed air or gas, with a smooth or striped bore, which fires projectiles of material based on biodegradable polymers, which may or may not contain liquids or gels in its interior, which must comply with environmental regulations.
2. Depending on the projectile fired by weapons for recreational and sports use, a distinction is made between weapons called "airsoft" and weapons called "paintball".
a) The projectile of recreational-sports weapons called "airsoft" will have a weight of no more than 0,45 grams, its maximum diameter will be 8 millimeters and the kinetic energy in the mouth will not exceed 3,5 joules.
b) The projectile of recreational-sports weapons called "paintball" will contain liquids or gels inside, and its weight may not exceed 4 grams, its maximum diameter will be 18 millimeters and the kinetic energy in the mouth will not exceed 16 joules.
Article 2. Sports-recreational weapons whose firing system is automatic or are spring or spring activated.
1. The regime applicable to recreational-sports weapons whose firing system is automatic will be that established in the Arms Regulation, approved by Royal Decree 137/1993, of January 29, for category 4.1 of article 3.
2. The regime applicable to recreational-sports weapons that are spring or spring activated will be that established in the Arms Regulation for category 4.2 of its article 3.
First final provision. Competency title.
This Order is issued under the exclusive competence of the State in matters of production, trade, possession and use of weapons provided for in article 149.1.26.ª of the Constitution.
Second final provision. Entry into force.
This Order will enter into force the day following its publication in the "Official State Gazette".
Madrid, December 27, 2012. – The Minister of the Interior, Jorge Fernández Díaz.