Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Air weapons include air rifles, air guns and air pistols. Those types of weapon are regulated by the Firearms (Dangerous Air Weapons) Rules 1989 and the Firearms (Dangerous Air Weapons) (Amendment) Rules 1993 and marketers should hold all necessary licenses before selling them to the public. Buyers of conventional air guns, air rifles and air pistols do not need to have a firearms certificate unless the weapon is of a type declared especially dangerous by the Firearms Rules. The rules classify any air weapon as especially dangerous if it is capable of discharging a missile with a kinetic energy more than 6ft/lbs for air pistols or 12ft/lbs for any other air weapon.
Marketers should make clear they are selling conventional air rifles only and not confuse the consumer by suggesting that potentially illegal firearms are on offer, for example by referring to “pistols” rather than “air pistols”, (Blue Moon Trading, 5 November 2008). CAP understands that the Violent Crime Reduction Act 2006, which came into force on 1 October 2007, makes it an offence to sell air rifles to those under 18. Ads should state that only those aged 18 and over are legally allowed to buy air weapons and marketers should probably verify each buyer’s age (possibly by his or her name appearing on the electoral register) beforehand. The ASA has upheld complaints against several advertisers for not showing that callers were checked against the electoral role (Bulldog Telecom Ltd, 11 February 2004; Sport Newspapers Ltd and SN Ltd, 8 January 2003, and Fat Boy Corporation Ltd, April 2000). It has also upheld a complaint against an advertiser that did not make clear it was selling air rifles, used irresponsible language that was likely to encourage people to order or use the gun for anti-social purposes and did not state that the guns could be bought only by over-18s. The advertiser was marketing the gun as the “ultimate pest controller” (Blue Moon Trading, October 2003).
To help promote air weapons responsibly, marketers should not use flippant or emotive language and should refer to “pellets” not “ammo” or “ammunition”, (Blue Moon Trading, 5 November 2008).
Last modified : 03 May 2012