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So what classifys a twink exactly, one who has enchants with good gear or one who has just real good gear?
I can tell you to a decently precise degree where I personally draw the line between a twink and normal player. Like Poldaran says many people have many different ideas, this is my personal divdor and it is the idea I have of a twink when I am speaking about them in all my posts.
A normal player can have anything from full on grey.white gear (laughable, but they could) to the best BoPs around. Any instance drop or quest reward is game for a normal player. I do not consider weapons like smite's mighty hammer, toxic revenger, or corpsemaker twink weapons because these are drops that any player can reasonably attain at that level.
I do consider any rare BoE blue to be a twink item (unless the person is simply a lucky ******* and got it as a drop). However I usually don't factor in rare BoEs when deciding if someone is a twink or not for the reason that most instance BoPs are on par or better than rare BoEs. Although a normal player cannot feasibly obtain these items he/she can reasonably obtain items of similar quality.
The real dividing line with twink comes with enchants. A player that has duel fieries, almost regardless of gear, is a twink. This is because a normal player, even one serious about BG, would not typically have such enchants. It is also because enchants provide soemthing a normal player cannot match. The difference between teh best twink gear and a mildly serious normal player is not really that great, it is a small overcomeable gap that does not break the game. I do not think there is anything broken in the BGs in regards to how well a character may be equipped. Enchants however make up a huge percentage of the gap between normal players and twinks, since twinks typically have many enchants, and normal players typically have none. I once made a calculation for a normal geared warrior (all the gear was suggested by a Twink proponent, I did not decide what "normal" was) and a twink. The ratio of enchant/gear in teh stat difference between the two characters I believe was 4 to 1 (80% enchantments).
My twink test rule of thumb is then: Any gear goes, but enchants are no noes.
And not level restricting enchants was definitely an error (that is not to say it is an error Blizzard intends to correct). It is an obvious inconsistency. Why bother level armor kits or bandages and pots? Hell why bother level capping gear? The reason is because high level stuff would be overpowered on low level characters, which enchants clearly are. If Blizzard intended for people to make twinks then more if not all items in the game would lack a level restriction.