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-   -   SUPREME COURT OF CANADA RULES. Is this is new news and how this affects us? (https://airsoftcanada.com/showthread.php?t=168600)

rc_p120 November 20th, 2014 20:39

Quote:

Originally Posted by podpharmer (Post 1921006)
since when did something have to make sense for it to be law?


and anyone that thinks that a supreme court ruling has no affect should try and buy a non restricted firearm in Quebec and not register it. the law states its illegal to have a gun registry but because of the supreme court ruling you will still be charged for being in possession of an unregistered non restricted.

Ding ding ding, we have a winner. Welcome to the gun world where none of the laws make sense and it's all enforced with very harsh penalties. Let's hope it isn't enforced the same way for airsoft.

Memphishills November 20th, 2014 20:44

SUPREME COURT OF CANADA RULES. Is this is new news and how this affects us?
 
Quote:

Originally Posted by rc_p120 (Post 1921026)
Only if they were above 500fps. Now they are all firearms, airguns=firearms fullstop no mention of subcategories or grey areas, the SCC used pretty clear language. Let's hope the enforcement isn't the same as with firearms.


Wow. Wooooooow.

Literally nothing in that sentence is accurate.

Good job!

This is still the law:

The CCC still has this provision in place:



Criminal Code - R.S.C., 1985, c. C-46 (Section 84)

Marginal note:Definitions



[...]

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

[...]

(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

[...]




The exemptions numbers above include things like transport rules. Our guns still fall under this provision. This provision doesn't say our guns aren't firearms, they just say they aren't firearms when sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act are being referenced.



This is a direct quote from the RCMP government site:



"These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport and ship them in a safe and secure manner."



http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm



THIS HASN'T CHANGED.

rc_p120 November 20th, 2014 20:57

Has that RCMP page been updated since the SCC ruling?

mcguyver November 20th, 2014 21:02

Quote:

Originally Posted by rc_p120 (Post 1921030)
Has that RCMP page been updated since the SCC ruling?

It won't be. Nothing has changed. Nothing to update. Why is this so difficult to grasp? Stop being spoonfed bullshit, and read the law as posted above.

Ricochet November 20th, 2014 21:15

Quote:

Originally Posted by mcguyver (Post 1921033)
Why is this so difficult to grasp?

Syndrome of a down?

I already gave my guns away, I don't want to be associated with all you trouble makers. Does any of our retailers sell tinfoil hats?

Memphishills November 20th, 2014 21:25

Quote:

Originally Posted by rc_p120 (Post 1921030)
Has that RCMP page been updated since the SCC ruling?


It never will be. A ruling is not law. That is a fact. It is precedence. It will affect future cases where someone claims they weren't using a real gun while brandishing a firearm, air gun or not.

The CCC hasn't changed. The definitions haven't changed. The RCMP isn't enforcing anything new that didn't already exist.

For the love of God, please understand this.

professionalnewguy November 20th, 2014 21:41

So basically slap a padlock on a duffle bag when travelling with your airsoft, and you should be good to go.

Ricochet November 20th, 2014 22:26

Can we get the thread title changed?

"Supreme Court of Canada ruling, and how it changes nothing"

Danke November 20th, 2014 22:33

1 Attachment(s)
I want to see goggles.

ThunderCactus November 20th, 2014 23:12

But we still have to use 5 round mags, right? LOL

L473ncy November 20th, 2014 23:14

Quote:

Originally Posted by podpharmer (Post 1921006)
while I agree with you that 214 without joule limit is an ambiguous limit let me ask you this

since when did something have to make sense for it to be law?

Let me ask you this, can you even physics?

Quote:

Originally Posted by rc_p120 (Post 1921026)
Only if they were above 500fps. Now they are all firearms, airguns=firearms fullstop no mention of subcategories or grey areas, the SCC used pretty clear language. Let's hope the enforcement isn't the same as with firearms.

OK. You got us, it's all a scam the sky really is falling. You have to give me your all of your guns, I'll take them off your hands for you, so your door doesn't get kicked down in the middle of the night by ERT in black SUV's with helicopters flying around everywhere. I'm serious.

Cliffradical November 21st, 2014 00:36

You mean to tell me that there's people who HAVEN'T been treating their Airsoft as firearms? APART from the retards I refused to sell guns to?

I for one am fine with all this.

The law on paper demonstrates that the sky is not falling, but if all of this scary confusion causes ball shrinkage and a mass exodus of half-way players, then the overall quality of the player base will improve, Cabelas et al will sell less scary half-guns to retarded parents of retarded children, and we can all slink back into the margins.

I think the real lesson to be learned from thread is:

If you are not currently and/ or have not been treating your Airsoft guns as fireams, you are a profound moron, get the fuck out of my sport.

Signed,

-An Adult

Edit:
And while I think trigger locks would be a mild (and absurd) inconvenience, I WILL do it if necessary, because I am an adult.

Edit 2:
This post should be read (partially) with jovial intent.

Ricochet November 21st, 2014 00:38

I will consult the airsoft gods, and pray for guidance.

J-Man19 November 21st, 2014 02:26

Remember that time I started this topic in the AV section to prevent a sky is falling thread from exploding?


http://twilight.ponychan.net/chan/fi...9928080544.jpg

Cameron SS November 21st, 2014 08:49

Quote:

Originally Posted by Memphishills (Post 1921028)
This is still the law:

The CCC still has this provision in place:

Criminal Code - R.S.C., 1985, c. C-46 (Section 84)

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

[...]


The exemptions numbers above include things like transport rules. Our guns still fall under this provision. This provision doesn't say our guns aren't firearms, they just say they aren't firearms when sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act are being referenced.

This is a direct quote from the RCMP government site:

"These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport and ship them in a safe and secure manner."

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm

THIS HASN'T CHANGED.

In that the supreme court did not amend the ruling issued by the Ontario Court of Appeal in 2013, yes, nothing is new. And, after doing some more research, contrary to what I had previously indicated, in refusing to hear the appeal the ruling is NOT in effect throughout Canada, but remains in force in Ontario only. But you say nothing has changed since 2012. So what happened in 2012?

But here is another inaccurate quote from the RCMP website.

Quote:

Important Notice

Until further notice, due to ongoing litigation, Quebec residents are required to register non-restricted firearms with the Canadian Firearms Program.
Bill C-19 permanently amended the criminal code so that registering of non restricted firearms is not a requirement, and there is no section under the criminal code for which a person can be charged for having an unregistered firearm. Even if there was, there has been a continuously in force amnesty for unregistered non restricted firearms if you have a license. The amnesty has been in force for more than ten years, and its been more than 2 years since the long gun registry ended, and the RCMP are still telling Quebeckers they have to register their firearms.

You can not rely on information bulletins on an RCMP website as legal advice.

Yes, airsoft guns are exempt from the sections that you provided, AND the firearms act. Not in question. Here is something that airsoft guns are NOT exempt from.

Section 86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
Marginal note:Contravention of storage regulations, etc.

(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

If airsoft firearms are not exempt from Section 86, what makes you think they are exempt from Section 87?

And where do you see magazines listed as exempt from the magazine restrictions? Section 84(3) only covers firearms.

Question as a newbie to the forum: The sky doesn't fall in the AV section? or is the assumption that if you are not AV you are under 18?


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