Regolamentazione sul Softair ITALIA

LEGGI CHE REGOLANO IL SOFTAIR

Il Governo Italiano ha varato a ottobre 2010 la Legge Delega 88/2009, in recepimento della Direttiva Europea 2008/51/CE, ma che è stata ampliata comprendendo le repliche (ASG) da softair.

  • Le ASG di qualunque tipo, non saranno più considerati “giocattoli” ma  “strumenti“.
  • Come “strumenti“, sono soggette al “porto per giustificato motivo“. Questo vuol dire che possono essere trasportate solo da/per i campi di gioco e da/per i negozi di assistenza, e simili occasioni.
  • L’età consentita per l’acquisto di ASG (air soft gun) passa da 14 a 16 anni. Questo però non cambia l’utilizzo delle ASG che non ha limite minimo di età; quindi sotto i 16 anni non si può acquistare una ASG, ma si può tranquillamente usarla (con le solite precauzioni e con il consenso/controllo di un adulto responsabile).
  • I Pallini devono essere di “colore vivido” – anche se non è per niente chiaro cosa significhi e in che contesto. Un pallino bianco, infatti, è “vivido” in un bosco privo di neve,  ma invisibile in uno con presenza di neve e viceversa per un pallino verde.
  • La volata delle ASG (o il silenziatore, se montato) dovrà essere dipinta di rosso per 3cm. In caso di ASG senza la canna (ad esempio una replica di pistola) dovrà essere dipinto di rosso lo chassis, sempre per 3cm dalla “punta”. Altrimenti utilizzare l’ apposito tappo che viene dato in dotazione con la pistola. Non viene specificato il tipo di rosso da utilizzare. Questa legge è però puramente teorica in quanto la maggior parte dei club non dipinge di rosso la volata perché diventerebbe un bersaglio mobile rovinando l’ effetto mimetico.

Comunque, se finora l’assenza del “tappo” o della volata rossa non costituiva illecito, ma solo un aggravante se l’ASG era usata per commettere un crimine (come da circolare dell’allora Ministro degli Interni Giorgio Napolitano), ora pare che il mancato rispetto di questa norma possa essere punibile (anche se non è ancora stabilito con che modalità, e se sia illecito civile o penale).

  • La potenza di tutte le ASG comprese le repliche bolt action per cecchini, resta fissata al massimo di 1 Joule. Misurato a 1 metro dalla volata.
  • Tutte le ASG dovranno superare un controllo in un Banco di Prova con riconoscimento da parte del Ministero dell’Interno. Non è chiaro se le ASG dovranno essere provate singolarmente o se come sta cercando di ottenere FISAT, come “modello” (ossia una volta che un modello è stato approvato, tutti gli altri uguali lo sono automaticamente). Inoltre in caso di quali modifiche alla ASG post-collaudo si dovrà rifare il collaudo stesso? È retroattiva (ossia tutte le ASG che abbiamo già in casa dovranno essere collaudate) o vale solo per quelle acquistate dopo l’entrata in vigore della Legge? E così via… si dovrà attendere insomma il primo regolamento attuativo per capire come ci si dovrà muovere per ottemperare a questa norma.

 

 

 

 

TRASPORTO DELLE ASG

Come detto in precedenza, essendo diventati “strumenti“, le ASG devono essere trasportate solo quando vi sia il “giustificato motivo“, ossia quando si va a giocare (o si torna dal gioco) e quando ci si reca dall’assistenza tecnica.

Inoltre, durante il trasporto:

  1. È necessario che l’ASG sia sempre “fuori dal pronto utilizzo“, ossia riposta nel bagagliaio, e se possibile all’interno di una custodia o valigia.
  • Vi consiglio di togliere all’ ASG la batteria (e quindi completamente inerte) e senza caricatore inserito.
  1. Nel caso in cui abbiate una replica di una pistola è vietato portare la pistola nella fondina se fuori dal campo di gioco anche se scarica e senza caricatore poiché potreste dare un falso allarme punibile penalmente. Dunque durante il trasporto anche questa va riposta nella sua apposita custodia o valigia.
  • Vi consiglio di togliergli il suo generatore (batteria o bomboletta) e di metterglielo/toglierlo arrivando/uscendo al/dal campo di gioco. Nel caso delle bombolette vi consiglio di togliere il caricatore e metterlo in un posto che non sia la valigetta della pistola.

Rispettando queste regole, è impossibile da parte delle forze dell’ ordine, in caso di controllo, obiettarne un possibile pronto utilizzo non lecito.

RICODO INOLTRE AI RAGAZZI CHE PORTANO IL FUCILE IN SPALLA MENTRE SONO SUL MOTORINO ALCUNI ADDIRITTURA SENZA RIPORLO IN UNA VALIGIA CHE NON SIAMO NEL FAR WESTE CHE SE VI BECCANO RISCHIATE UNA GRAN BELLA MULTA SALATA!!!

 

 

 

 

 

 

 

 

 

 

CAMPI DI GIOCO

Ancora una volta si deve notare che non esiste una legge o una norma applicabile su tutto il territorio Italiano per poter utilizzare un’area come campo di gioco per il softair.

Ovviamente esistono differenze sostanziali tra un terreno privato ma aperto, un terreno privato e chiuso e/o recintato, i terreni Demaniali, i Parchi soggetti a particolari restrizioni o gestiti da appositi enti, e così via. In linea generale, si deve sempre avere un permesso scritto di utilizzo dell’area in questione da parte del proprietario o del gestore. Alcune volte per ottenere il permesso sarà sufficiente fornire un documento di scarico di responsabilità a favore del proprietario/gestore dell’area stessa (per sgravarlo da quanto potrebbe succedere durante il gioco), ma spesso il permesso sarà concesso solo se a richiederlo e a fornire lo scarico di responsabilità è una A.S.D. riconosciuta (che quindi abbia un legale rappresentate firmatario dei documenti).

Le cose ora si complicano… sappiamo che anche solo per fare un game tra amici o interno all’ ASD (ossia senza bisogno che sia un evento sportivo ufficiale come un torneo o simili), oltre al permesso di cui sopra è assolutamente necessario darne comunicazione alle Forze dell’Ordine: infatti, se un cittadino allarmato dalla vista di uomini armati dovesse chiamare le Forze dell’Ordine ed esse non sono informate del gioco in corso, si incorre nel reato (penale!) di “procurato allarme“.

Il problema è: chi avvertire? Infatti, in certi Comuni è sufficiente dare l’avviso (con la data, gli orari e l’area nella quale si svolge il gioco) alla Questura la quale lo dirama a tutte le Forze dell’Ordine locali. In altri Comuni è necessario avvisare direttamente tutte le Forze dell’Ordine operanti in zona (Carabinieri, Polizia, Polizia Municipale, Guardia Forestale, ecc.). In altri ancora è necessario fornire non solo una comunicazione “generica” ma anche una lista dettagliata e nominale dei partecipanti alla giocata… e questo ogni volta che si gioca, anche se il campo è sempre lo stesso e si dispone delle necessarie autorizzazioni per le giocate periodiche (ad esempio tutte le domeniche).

Quindi, grazie alla solita nebulosità e diversità di leggi e regolamenti applicati, vi dovrete informare bene prima di utilizzare un’area per non incorrere in spiacevoli avventure con i tutori dell’ ordine!

Per finire, se l’area in cui si svolge il gioco è in qualche modo aperta o accessibile a persone estranee “non giocanti” (come può succedere nei parchi pubblici e nei boschi demaniali, impossibili da recintare), si dovrà sempre avere l’accortezza di porre almeno all’imbocco dei sentieri e delle principali vie di accesso dei cartelli che informino il passante del gioco in corso, del fatto che le Forze dell’Ordine ne sono a conoscenza, e di come comportarsi (es. rendersi ben visibile e udibile, non avvicinarsi a zone dove sente sparare” con le repliche, ecc.).

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