I recently read a site about LARP guns and the violent crimes reduction bill, that suggested that because the action and design predates the 1870 rule. all winchesters were legal.
A distinguishing feature of the 1866 pattern Winchester is the Bronze Alloy body, from which it derives its popular name, "Yellow Boy".
Battle orders have a selection of Winchester rifles in their
"Western Rifles" section.
It is notable that apart from the actual 1866 pattern replica, all of the rifles that are described as "1860's" or similar, (apart from the "ENGRAVED WINCHESTER 1860's" which looks to me like an 1886 model,) lack the bronze body that would identify it as pre-1870.
It is worth remembering that under the act, it is not illegal to own a realistic replica.
A person is guilty of an offence if—
(a)he manufactures a realistic imitation firearm;
(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;
(c)he sells a realistic imitation firearm; or
(d)he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.
So if Battle orders considers these guns safe to sell, it is they tat are taking the risk.
Of course, it is always important to remember that carrying any replica firearm in public is highly problematic. If a police armed response unit gets a call stating that somebody has been seen carrying a firearm, that are not going to ask "Was it pre-1870?"
Having read further through the act, the 1870 rule is fairly vague.
(8)In subsection (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.
This could be taken to mean that any generic "Cowboy Gun" would be covered. But if it were ever to come to the crunch it would be down to the disposition of the court, on the day.
I also looked at the blank firing guns that are on sale on the Battle Orders website, that fall within the remit of the VCRB in order to purchase one of these, you have to tick a box stating that you are either a film company, a museum/gallery, or a re-enactor, the exceptions described by the act.