A Big Ol' Airsoft Q&A
 

Sorry for the long introduction. I'd appreciate it if you read these few paragraphs first, because it will help in understanding how I answering some of the questions that are being asked. It's important to keep TWO things in mind while reading:

1) Laws and enforcement of laws are different things. You cannot ever ignore how the law is written, but you have to understand how laws are practically applied to understand why things happen the way they do. Do not ever confuse the application of a law with the actual text of the law. When in doubt, assume that the government or a law enforcement agency will fall back to actual legislation as it is written. As long as they don't, enjoy the free extension of rights you're getting, but don't get too comfy with it.

2) Answers to these questions are different for individuals and businesses. In general, as individual airsoft owners you can expect to be under WAY less scrutiny (if any) for your airsoft activities. A legitimate business has much more exposure and risk - the licenses we need, the financial incentives we get to stay in business, the money that was invested - and questions like "is it legal to sell airsoft?" have very different answers for a store as it does an invidual.

Lately I have been getting alot of questions about ASCA (the store MadMax and I ran for a year) as well as questions about the state of airsoft in general. There is alot of good information on these boards, but like any big site it has a tendency to get buried in threads, and frankly some of our FAQ's are out of date.

As you know the number of high profile airsoft retailers in Canada has dropped considerably in the last 2 years. The law hasn't actually changed, but the level of enforcement has, and this is leading to alot of confusion about the legal status of airsoft and what the future holds for this sport. I'm going to take a stab at answering every questions I've gotten recently, and every other important one I can think, to try and clear up some of the misunderstandings we have about this sport in this country. If there's something you'd like to know, or something you'd like to add, by all means ask away.

I'm going to try and keep these answers in regular speak. There are complicated legal underpinnings to anything involving guns in this country, but because we are concerned mostly with the end product of the laws, I'm not going to quote specifics here (although that should go into another thread as well, to help people doing their own research, or who aren't just satisfied with taking someone else's word for it).

Now while you sit nervously wondering about the airsoft gun on your desk...



Is airsoft legal to OWN?
Yes, mostly. As of December 1st 1998 airsoft was supposed to be grandfathered. The idea was you could keep anything you owned before that date, and it was impossible to get new ones, so problem solved. Obviously it was not impossible to get more in the country, and in fact airsoft flourished after 98 for a long time.
Practically speaking this is mostly overlooked, and not many people even know they were supposed to be grandfathered by Dec 1 98 - furthermore it would be very difficult to prove anything you own you got after Dec 1 98, even if the government cared.

Am I at risk if I own airsoft?
No, absolutely not if you are a responsible owner.

Is airsoft legal to USE?
Yes, if you use it in a responsible fashion. Any replica firearm or even imitation firearm used in a crime will be treated as a real firearm, and you would be facing charges relating to real firearms, regardless of what the situation is. There is no clear line on where you can bring airsoft or not, so it comes down to common sense: playing fields or private areas where you will not be seen by other people, and not cause a disturbance, are reasonable places that airsoft could be used. Store your guns safely, and educate your friends, family or neighbours so that there are no misunderstandings that lead to someone dialing 911. If you live in an urban area, your airsoft should only come out when it's on the playing field.

Is airsoft legal to buy or sell?
Legally, no. Airsoft are replicas which are prohibited devices, and noone (business or individual) can strictly speaking buy, sell or transfer in any way airsoft after Dec 1 98. However, for responsible people this law is mostly overlooked and not even well understood - mostly because there are very very few real incidents involving replicas. Because they are fundamentally not dangerous compared to knives or real guns, they are not headline items on law enforcement radar. Nonetheless, it is not legal to sell airsoft, so it is very important to bear in mind that we must always treat these guns with the utmost respect to ensure we maintain the status quo.

What if I'm over 18, or age-verified?
That is an AirsoftCanada board policy, it has no bearing in law. We enacted that to cut down on the number of kids (as well as cleaning up alot of scammers) that were starting to flood this site as the sport grew in leaps and bounds. It also forces prospective players to shake hands with another player, and take some time before jumping head first into the sport. However, it is nothing more than an ASC policy.

Does having my PAL help?
It has nothing to do with replicas or prohibited devices, so no. In fact, you should be careful mixing airsoft and real firearms, because your PAL could bring you under closer scrutiny. Make extra sure you play by all the rules and be especially careful with your airsoft.

What about airsoft retailers, can't they sell airsoft?
Not in strict adherence to the law, no. At ASCA and many other retailers, we tried to exercise as much caution as possible in who we sold to, because a large part of our interest was to promote the sport and grow the community.

So what exactly IS airsoft classified as?
Airsoft guns are for the most part considered replicas. They live in a fuzzy space between imitation firearms (something that looks like a gun but is not an exact copy) and airguns (which paradoxically often are replicas, more on that later). Replicas are prohibited devices under Criminal Code, which does not mean they are firearms themselves, but are subject to many of the rules regarding prohibited firearms (as in, you aren't supposed to have any except those grandfathered after dec 1 98, and you're not supposed to sell them them).
however...
Replicas are not a standing defition: replicas are determined on a case by case basis, when there is a reason to. This means alot of the airsoft you own are not replicas YET, and this is where alot of the confusion (and hope) comes from. Realistically, you can expect any court to judge that a given airsoft gun is a replica, and thus we have to practically consider them replicas. Legally, the door is open a crack, however.

What's an imitation firearm?
Typically: Clearsoft. Cheap toy pellet guns. They can be shaped like a gun, but would be made of clear plastic, or bright orange, or significantly reduced scale (like a 50% scale model). Orange barrel tips are a US law, and do not count for anything here. Imitation firearms are handled differently in each province. In Ontario, they can be sold to people who are over 18 under the Ontario Imitation Firearms Act.
but...
In the Criminal Code of Canada, imitation firearms are ANYTHING that looks like a firearm, and include replica firearms! The Ontario Imitation Firearms Act specifies however that the imitation firearms that can be sold to people over 18 cannot be replicas. There are some specific wording issues here that are NOT resolved however, and the provincial and federal laws are a bit at odds. The intent of both laws are fairly clear, but it creates some confusion.

Airguns look like replicas to me, what's the deal?
Airguns also occupy a legal grey zone. Crossman (a maker of pellet guns) and the pellet gun industry/lobby enjoy the implicit protection of the government. Even though many of them could easily be classified as replicas, it is overlooked because airgun ownership has a history in Canada that predates airsoft, and special rules have been carved out for them.

I heard that if a gun shoots over 407fps and under 500fps and something something something Al Pacino it could be legal. Is this true?
The problem with setting out special rules for airguns is that someone had to figure out how to classify them, and a few rules have been made to that effect. For starters, and airgun that shoots over 500fps AND 5.7joules of muzzle energy is considered a firearm, and requires a PAL. Any airgun shooting under that is an airgun and obeys whatever locals laws your province has (typically 18+). The hope was that airsoft could be classified as an airgun, but generally the fact that they are replicas trumps this. If the government's goal is to keep replicas out of people's hands, which it was in 1998, then this is logical and unfortunate. But also not carved in stone.

What about the RCMP study that says bodily harm 408 fps something something something Kevin Bacon they're airguns?
Someone can fill in the blanks about the RCMP report on airguns that cause bodily harm over 408fps. Ultimately, the replica nature of airsoft trumps their classification as airguns in this instance as well.

Can I import airsoft into Canada?
No, an individual cannot import airsoft into Canada. Not just because airsoft are considered prohibited devices, but because replicas are specifically not permitted for import by the CBSA (customs). If you try to bring airsoft across the border and it is discovered, at the very least you should expect it to be seized, and you could be faced with firearms related charges. Customs isn't perfect and some airsoft does get through by mail or being driven across the border. I personally absolutely recommend against trying this. Not only is it expensive to lose your airsoft, the potential consequences might stick with you your whole life.

Who can import airsoft into Canada?
Legal importation of replicas is possible with a Firearms Business License. These are handled by provincial Chief Firearms Officers, and are give to businesses in law enforcement training, movie props industries or even museums, among others. The license is not difficult to get if you are legitimately in business, and the conditions are not even very strenuous for replicas. However, it is a small club of licensers and licensees, and because it relates to firearms, the licensing is not a joking process. Inspections do occur and licensees will sometimes be at the whim of law enforcement or the government: if a business with an FBL is not playing by the rules, they are at risk of having it revoked.

So with an FBL, I could import airsoft into Canada?
Even with an FBL, strictly speaking, importing replicas is only meant to be for the purposes of running the business: a movie props company would import replicas for a specific movie. Retailing is not permitted and was never really considered in the FBL, because they are prohibited devices. However, because the legal status of replicas are mostly overlooked, many businesses with FBL's were importing large amounts of airsoft and retailing them directly. This was never the intention of the FBL and besides selling airsoft is not legal, so it is a tenuous situation.

What's the rule of 3 for importing?
Even though the FBL was supposed to allow you to import replicas only for specific needs, it DOES allow importers to bring in replicas at any time, but never more than 3 of a particular model. This was really meant to allow a business to fill the gaps in between big special imports, but effectively it limits the potential to abuse the FBL or to retail replicas. Not surprisingly, it is very difficult to make a profitable business when you can only legally import 3 of each model per order, and this partially explains some of the supply shortage or strange ordering practices you may see at some retailers.

Why do so many retailers keep closing?
ASCA closed because of legal pressure on businesses that sold airsoft in Ontario, although not on ourselves explicitly. Local law enforcement reacted to several incidents involving airsoft and aggressively shut down a store that sold airsoft, and we did not feel comfortable selling airsoft, even to responsible individuals (and many law enforcement personnel). Other retailers have closed for similar reasons, or because of direct legal pressure, or because importation - even legally - can be tricky and there is a risk of losing alot of money.

How come prices are high in Canada?
2 reasons: poor supply prices, and supply and demand. Most importers do not import directly from the manufacturer, but instead purchase through distributors in Asia. Some companies will do business directly (such as Classic Army) but others work almost exclusively through distributors (such as Tokyo Marui). More middlemen means more fingers in the pie, and canadian importers do not have the luxury of purchasing for ideal prices. Often they will buy for prices not much better than you yourself can get online. Furthermore, overwhelming demand in Canada can lead to inflated prices when they are sold here. *Warning: self serving comments ahead* At ASCA we made an effort to keep prices reasonable and fixed, regardless of demand. Retailers are airsofters too, and we all share the same playing fields, so we did not find the idea of jacking up prices to make a buck off our fellow men appetizing. Nonetheless, a business must be profitable, and there is very little basis for figuring out what reasonable prices are: many retailers just make them up, and you can't really fault them for it in such a small and confusing market.

What's with the cheap Chinasoft guns, and how come Classic Army and Tokyo Marui are so much more expensive?
The first and move obvious answer is that chinese knockoffs are always cheaper because they are just copying existing designs without spending the money on R&D. They are not, however, perfect copies. There are many subtleties in manufacturing that simply copying the design will no produce: techniques for making materials stronger, or precision assembly to ensure quality. Putting Porsche parts in a Civic is not the same as buying a Porsche, although it can come close in some respects. I would always recommend you spend your money a quality built product, rather than a cheap knockoff that you may end up having to replace entirely when it chokes. Sometimes the price different can be so great it makes the decision to buy higher class gear questionable - just don't forget that you get what you pay for.
However, there is a serious problem we cannot overlook, which is that access to more and cheaper guns means the likelihood of them ending up in the wrong hands is higher and higher, and the status quo re: enforcement we have "enjoyed" so far may change in the face of an ugly incident. It's up to us to educate other people in the safe handling and use of airsoft and replicas, otherwise one idiot could ruin the show very quickly.

Has the law changed?
Not since 1998. Enforcement of the laws, and the real and perceived pressure on retailers has definitely increased. Several high profile seizures and raids on airsoft businesses in the last 2 years, for instance, were not something we were used to dealing with 5+ years ago. However, the law in 1998 effectively made airsoft illegal, but it did it in a very incomplete and confusing way. You can still own the guns you have, but you're not SUPPOSED to be able to buy more. Since you're on this site, you know that reality does not reflect the letter of the law. And thousands of responsible airsofters in this country are proof that the thread of replicas is not what many might make it out to be.

So is the sky falling?
I hate this comment, and I hate it just as much when people deny it because it misses the point: airsoft will not die a short and sudden death. It will either gradually decline to oblivion or grow into acceptance. The law is not on our side, but enforcement has not been strongly against us at all. However, the community has suffered from the recent increase in enforcement. There are few if any high profile retailers left, and the incentives for sticking your neck out to import or retail are not so great. Most importantly, the number of importers who are actively helping the airsoft community has diminished in the last 2 years. This could be cyclic and we may see new importers and retailers filling the void, but currently the situation is somewhat poor for airsofters.

Games will continue, and the airsoft population is exponentially bigger than it was 10 years ago (4 man games at the old Wasaga field anyone?). Airsoft is a very long way from disappearing in Canada, but we do tread a fine line enjoying this sport, so make sure you educate people properly and we can continue to enjoy it!

Thanks a lot for a great FAQ HonestJohn! Great answers as well

Great reading thanks for taking the time to put all of this together. Really appreciated!

Well done!

Well stated. Thanks.

Great read, glad to see you around here again.

I just want to point this out... all they have to do is look at the date of manufacture of the model of your AEG/GBB. Like you state though, they don't seem to care (at this point)

I actually learned a few things. Good work!

Thanks for the great read, it was very informative.

i salute you! (speaking of which, why dont all of the little faces seem to work)
on to my real question. i am still confused after reading all of that as to airguns and airsoft. i thought i got it after you said that airsoft are replicas, but the thing i dont understand is that i could go to crappy tire and buy a 1:1 scale replica of a walter P99 pistol that was full metal and whatnot and was black. that to me seems like a replica. so why can't airsoft then be mashed into the same category?

*blink blink* HoJo is alive?
good job there Miles, now hopefully people read the damn thing ( I did, even though I knew what you posted already, just incase there was something new in there :D )

I think it was because they said pellet guns are more protected by the law due to having larger routes than airsoft in Canada... might be wrong.

I would have to disagree (not totally, but somewhat) with the "difficult to prove you got it after Dec 1 1998" part. I think in many cases, it wouldn't be overly difficult to prove at all, but time consuming for the research required to make a solid case. Acquiring the said proof would require a lot of time and effort (which translates to money) and weighed against the chance of failiure to convict, it's way more effort than it's worth considering the minimal impact a "positive" outcome will have. In some cases, it would definitely be impossible to prove one way or the other. The end result of this is the same as if they couldn't prove it.

But in the end, the trade of airsoft is being largely ignored by law enforcement at the moment, and that's for the best. If that will continue in the future or not is unknown. As Honestjohn said, let's just enjoy the freedom we currently have, without getting too comfortable with it, because it could end any day.

I think this post was long overdue and clears up a lot of misconceptions (for me along with many others, I'm sure). Thanks for posting this. It was very informative, and I'll be referring back to it often.

Spot On!

Lock this thread before it too gets buried and twisted...PM sent

Awsome,Great to see!

HOJO'S ALIVE! =O! THIS IS A GLORIOUS DAY FOR ALL!! :D

Thanks Miles. This has needed to be said for a long, long time. And well said it was.

Cheers.

And good to know you're still breathing.

Its not how long you've been gone, but more what you do when you come back... Well said. I could add a bit of technical mumbo to some of that Crim Code refferences, but I think I will just leave it.

Welcome back Miles.

Thanks HoJo, good FAQ.

very good FAQ indeed.

+1

VERY good 8 milionish post!

+1
its sad to see many older members, who joined a few years back are not as active on ASC anymore.

oh locking this thread would be a good idea.

great read!
It good to have it said in plain English with no legal stuff I cant understand.

Thanks so much. I learned alot. I just hope this sport is around when im 18... until then, there's always CoD4... I'll make sure to print this off and show it to the teenagers running around here with clearsoft...
Thanks so much again.
Cadet

Good info

you have all those guns and you are not 18? but how?

Thank you Miles, a very well written FAQ. Well worthy of a sig'ing.

+1

Its nice to see a little bit of elaboration into the legalities of Airsoft in Canada. Having read that, I feel a little light has been shone upon that definition of airsoft being in a "grey area". Its nice that someone can lay it out like that.

Thank you HonestJohn for taking the time to type that all our and elaborate on the standing of airsoft in Canada.

Viva la airsoft.

Thanks for taking the time to summarize all this in a "State of the Union" style post. Indeed things have not changed legally in the past few years but they certainly have from an enforcement perspective, and you characterize that very well.

I would suggest to those of you out there who do discuss these things online to be aware of the fact that those who are in the enforcement business do regularly monitor this board for intelligence purposes, and given the current state of affairs, I think some things are best discussed face to face at a game rather than aired in a Googleable public space. 'nuff said.

Before i found out all this info, my parents bought me them. The rifles are Firepower, and the pistols are Softair USA... right now all they are doing is sitting in my closet...

Thanks for all the thanks guys. I felt I could try and help clear up some of these nagging problems people have on this forum. I'll add a few more q&a's tomorrow if I can remember.


None of the airsoft I own has a date of manufacture on it, in fact some of false dates because of the guns they replicate. Besides, everything I own are prototypes I got in march of '98, aren't yours?

By default airsoft and exact replica airguns (most are not exact copies but come very close) would be considered replicas and both be banned. Because the airgun industry is much more significant than airsoft now, and even more so in 98, they were afforded implicit protection from anti-replica legislation. However, it is not explicitly enshrined in any legislation, airguns just have a blind eye turned towards them, so I would definitely say the possibility exists to use it in our favour - the problem is that the fall back position for legislators would be to make airsoft and any replica airguns all illegal.

Hahahah,

I suspect that many airguns might pass the replica judgement as they at least do not replicate a particular firearm even if many do look like a rifle. Excepting the P99 replica airguns that is.

You'd be surprised how many replica airguns there are. A lot are made by Umarex.

amazing! been looking for a centralized Q&A about this for a LONG time as ive been confused as hell from the many different stories ive heard of what actual airsoft law/guidelines are. Thanks for setting this in stone Hojo

the 226 from asca way back are prototypes from march of 98 as well right hojo? *wink*

also, is it illegal to exchange ownership of an airsoft without the xfer of money? For example, gifts, trades etc

Darkangel, your question was addressed in Hojo's post already.

Transfer means to leave one person"s possession and enter another's there is no mention of money changing hands

thanks Brian :D

vatek it was a joke lol XD

So my understanding is that if you have purchased airsoft after 1998 you have committed a crime, possession of a prohibited device. Albeit, you will probably be left alone by the authorities if you are a responsible owner. In addition, the the government most likely does not have the resources to go after everyone that has purchased airsoft after 1998. None the less, you have committed a crime, and could in theory be prosecuted. Just because it hasn't happened yet, doesn't mean it won't happen in the future.

It may be hard to prove that your gun was purchased after 1998, but if asked, I am not one to lie, which seems the only way to make owning a post 1998 gun legal.

So there really are two answers to the question, "Is airsoft legal to own?"

1. If you purchased it before 1998, yes.
2. If you purchased it after 1998, no.

Laws are there to protect the people. But we ARE the people!



-Cheese

Umarex seem to lead the pack in terms of realistic replicas in terms of air guns. I have the Walther PPK/S and P99 Compact, the Beretta Px4 Storm pistol, and Beretta Cx4 Storm Carbine. While I don't have access to the real steel to compare them directly, comparing pics of the real guns to my air guns, they seem to be some really close matches. These pistols are all GBB too, which maked their operation just as realistic as an airsoft pistol. It's a very unfair law, to say the least.

Why must our country be like the legal laughing stock of the world. Our laws are so inefficient I get the picture of some beurocrat banging us on the head with a blunt club all day long.

Like seriously, if they want airsoft banned....then why don't they just fucking acknowledge it clearly and ban it??

If they want to tax the shit out of it and make money, why don't they get off their asses and do that?

Why don't they just make up their fucking minds? And why must our country be so soccer momish. Why can't they actually send someone out to do a case study on airsoft or something if they haven't already picked up enough about what it's really about on these boards.

As I was discussing with this 80 year old woman from Germany in my work, our government blows! And she was in quite the position to lecture me on efficiency and government issues being 80 and German and having lived there and all.

I know legal proceedings take for fucking ever, but seriously....There's what, only 32 millionish people in this country? It's now been almost 10 years since the last semi-direct action has been taken against airsoft and the hobby has done nothing but flourish in that time. If they have people watching us then they obviously have some intrest. Why the fuck can't they just do something?!?! (something good :))

HERE! HERE!!! ;)

No not exactly..

If you purchased a gun after 1998 you comitted an Illegal ACT the gun is still legal to posses regardless of when you got it.

ALL replica firearms are legal to own.. but according to the law you are not supposed to buy any after 1998..

No one can seize your guns just because you have them.. If they wanted to charge you with the ACT of illegal transfer they would need more than the basis that "you must have purchased it after 1998" A judge would laugh that out of court.

The fellow that got the Scare in PQ was videoed selling guns from the trunk of his car at games... they had him.. and even then they only threatened charges if he did not cease and desist.

There are lots of people in this community that would loose their livelyhood if they were convicted of a Criminal Firearms Charge.. Myself amoung them.. and I don't give it a second thought.. I have weighed the risk.. and it is vanishingly small.. I would likely win the lottery first...

I should have clarified that more in the Q&A and i shall amend it. Brian is correct.

The problem lies in the fact that replicas were grandfathered, but there is no strong basis to prohibit ownership. A prohibited weapon that has been grandfathered requires a prohib PAL - you can't have one without the other. But without any sort of licensing for replicas, you can't grandfather them and make their possession illegal at the same time.

And as Brian pointed out, trying to charge you on the basis that you may or may not have bought a toy gun after 1998 is not exactly priority business for the courts.

nice read, thanks HoJo..

I think you summed it all up with that line right there. As long as people don't do stupid things with their guns, there's no reason to go after individuals for the act of transferring an airsoft gun. When you look at it on a bigger scale, if shops like A&A and 007 weren't shut down and convicted for overtly selling hundreds of guns on the Internet (even though they face heavy legal pressure and Mark has a lot of hassles with customs), then there's little chance of them ever coming after individuals for trading in single airsoft guns for private use and collection. These things are going into the hands of players and collectors - people that will be responsible owners, and not kids and criminals - and they know it. What's the point of spending tons of money to make criminals out of responsible 'toy' owners that have done nothing wrong. Yes, they could win in some cases if they were determined to, but it's hardly a victory worth fighting for on their limited resources.

I'm in the same boat that a firearms conviction of any kind would instantly lose my security clearance at work, and my job along with it. I don't give it a second though either. The only way airsoft is ever going to get me into legal trouble is if I go do something stupid with my guns. And if I do that, then I deserve whatever I have coming to me for being an idiot. And the chances of that ever happening are even slimmer than winning the lottery.

I think it's worth pointing out that our current situation is closer to de facto grandfathering than to de jure. To grandfather something is not just a term describing a special type of transfer, but represents an actual type of legislative wording. The permission to grandfather certain class of items are actually specific clauses explicitly written into Firearms Act (section 11).

I do not believe the situation with replica firearm possession was the result of grandfathering versus legality of possession, but rather the inpracticality of prohibiting all replica firearms in Canada. That was something far beyond what C-68 set out to do. Heck, what we have right now is still beyond that. I don't think it was a well publicized fact that the government wrote in a law that, should they choose, would stop everything that looked like a gun from coming into Canada and significantly reshape future Canadian generations. Essentially, if you think the zero tolerance policy as school is strict, think of a zero tolerance society (the irony being that legal ownership of real firearms would probably still exist).

We have detached from the source. nNw we start the slow, gentle glide back to earth.

Keep your guns, enjoy the ride.
http://img207.imageshack.us/img207/2...010351sck3.jpg

On the whole 1998 law thing, I'm wondering something. May be this is not the spot to be asking this but, the paintball shop downtown of where I live, sells basicly "airsoft".. It ranges from 150$ ish to 300$ ish I've seen. The guns usually have metal bodies, are 1:1, and mostly have crap to okay internals. How on earth does this work? Like, how do they manage to get their guns in or where from? For example, I've seen the Kirenex in there, a Lycan MP-5, and some other aftermath brands. Now I understand some provinces have stores which get the odd Kraken AK which is clear, does that make a slight difference? Wee bit confuzed on this one, and sorry if this is entirely the wrong place to be asking this.

Many customs officials and border entry points aren't well versed in what replicas are, or that they are necessarily disallowed.

The problem comes down to whether they are treated as toys or replica guns. In some cases businesses have been importing them for so long, permits or not, that neither they nor the customs officials who might process their imports realize there's a problem - yet. In due time I would expect they will get the attention of the powers that be, but it can take a very very long time.

Clear guns are ok to import, and are considered imitation firearms.

well...that pretty much tells you where to come through when coming back from the states.:D

anyways,

who can i write letters, send E-mails and things like that, so that airsoft can switch from gray to green? and all the blah blah blah that comes with it?

I want names, address's and E-mails.

If you want to have the best effect.. join the gun lobby, add your money and voice to an already heard chorus. Repealing the prohibitions on replicas would likely have the best chance of happening piggy backing on larger changes to the Firearms Act and the related Criminal Code statutes.

Ah, luck buggers... Thanks though.

tank for this post HonestJohn. this is very good information

i understand that Bass Pro can't import airsoft because most of our guns are prohibited and restricted. but what about legal guns such as an M24 (Remington 700)? why couldn't they import that since the real steel is legal to own in canada? im probably going to get flamed for this, but i just want to ask questions from every angle so as to expand my knowledge base.

It would still be a replica. Get this, you could have a replica of a pellet gun, a pellet gun like what's used for airgun competition shooting that shoots over 500 fps (ie. it is considered a firearm and needs to be registered) and 5.7J. That replica is a prohibited device, even though it replicates a pellet gun.

The law does not differentiate whether the replica replicates a non-restricted, restricted or prohibited firearm. If the gun is not considered a firearm, it's replica is not prohibited.

Awww. Why can't we just catch a thermal and get legalized :rolleyes:


But on a serious note, Very good write up and very informative.

Sorry, just catching up with this thread now - HoJo (or anyone else) is there a specific worded definition of what constitutes a replica firearm? As someone said, Canadian Tire sells plenty of airguns that look just like a real 9mm to the average eye. Or is this more of a trademark issue as it is in the US? Since airsoft guns are legal there, but must not carry any infringing markings of the real firearm they are a replica of. This is why many airsoft importers in the US receive their guns marked and scuffed-up with dremel tools to sand off those infringing logos..

Yes, there is a specific worded definition on replica firearm in the Criminal Code.

No, the trademark issue does not affect us at all. Our current situation has nothing to do with trademarks and everything to do with airsoft guns looking exactly like real guns.

I think the colour of the rules is left deliberately grey so the authorities can fit square pegs into round holes without argument.

You are indeed correct. In the Accounting business field policy is intentionally left open ended so that people are permitted to make interpretations of the rules.

I wrote the weapons policy for an Animethon convention in Edmonton and it is incredibly open ended to leave enforcement to the individual security staff.

I've a question regarding Clearsoft: is it a Canada - specific thing? Or are there other countries in which having transparent airsoft is a marketing advantage of one description or another?

Louis

Laws vary from country to country, obviously. For our purposes where law is concenred, most people don't need to worry about anything but Canadian law. I'm a little hazy on most other countries and airsoft, but they run the spectrum.

Some countries any device that fires any projectile is illegal (Singapore if memory serves me), other countries (notably Germany and Australia) are semi-auto only, regardless of the gun. The U.S. is only concerned with orange tip and no trademark infringement, so many guns have the trademarks removed or made without any to begin with.

Some countires have only velocity limits, (1 joule or 328 fps with 0.20g) like the U.K. and Japan, while other countries have virtually no regulation to airsoft, like Denmark for example. There, guys play with 700 fps.

Usually, countries that have strict firearms laws have strict controls over airsoft guns, except Canada. Here most would be considered replicas, which are prohibited. Unless they are dangerous or lethal, then they are virtually unregulated and perfectly legal.

In Canada, if it's harmless, it's prohibited.

Thanks. I have learned a thing or two through this.

i acually like this its imformitive and well it did answer a hell of alot of questions

well done! I've learned a lot. thanks sooo many!

is it possible for a petition to take effect in the airsoft world in canada to allow importation of airsoft and the legality to shift? i hold airsoft dearly close to my heart, and i will continue to help fight for change. i was wondering if somehow the admin of this site can help make our forgotten voices herd to start a petition. :banghead:

As admireable as the effort would be, a petition would be useless.

thankz for the info....

clearsoft in canada
 

I can buy a clearsoft from dealer in canada, that's legal. When I get it if I paint it is it still legal? If I put it in a case with a trigger lock on it and in my trunk on my way to a game could it be seized?

As long as you don't do anything stupid with it you should be fine.

Clearsoft aeg's
 

I can get a clearsoft ak here in canada 1:1 scale. When I get it, if I paint it will that be leagal? Or will I have it taken away if I get pulled over?

Read a little bit! Kalnaren as given you the answer.
Also go see the FAQ section here on the forum
http://www.airsoftcanada.com/forumdisplay.php?f=21

Have a good one!

Oh and don't let your Airsoft guns just in your car free, always in a case in the trunk.

at the risk of sounding retarded
I saw something about bringing airsoft guns over
saying that if you bought one in the states and locked it in your car trunk or made it so it couldnt be seen
you could bring it over legally

This sounds waaaaay too good to be true
but I mean it if it... yay
since buying airsoft in Canada is a pain

so... is this right or is my first post looking me like a retarded?

Sounds an awful lot like smuggling don't ya think? Come on...

That is a big NOOOOOOO. And asking isn't retarded, doing it without asking would have been. Read the FAQs, that will fill you in on the reality of airsoft in Canada. Get age verified, and it is like going to gun heaven after that.( if you are 18+) if you are not 18+ then hold tight and save your money for a good gun, don't waste your money on crap(clear)soft. Read and learn and the mysteries of the universe will unfold for you. And google is your friend.

Thanks, I learned a lot! :)

Welcome :)

interested
 

its interesting to see that a country as vast as canada and where real guns are legal in many places you still face many of the legal problems we in the uk face associated with Airsoft, we fight month to month to keep airsoft legal and keep the sport going, you would think the eu and external bodies would look at this sport on a worldwide scale, they would probable be shocked at the worldwide number of people who play the sport. i think the problem is that we do not have a world wide governig body to keep track of the players and skirmish sites opening and operating worldwide, if we did that governing body would propably give us more power to question the rules and regulation pushed on us.

Dont get me wrong i cant comment on canada's legal requirement but for the most part most off the rules enforced in the UK are for the most part very fair and i gladly follow them, but our sport is constantly under the thread of legal ban due to people who dont understand it.:banghead:

Honest John, can you put up some links to areas of the criminal code pertaining to airsoft please?

Im not HonestJohn, but here is some info for you. If I can dig up the section in the crimal code I will post it as well.
http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm

Man, my head hurts, I've read, read and read and I still don't know
what I can do.
"Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a licence to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in."

ATM I'm not interested in bringing in something that looks like an AK47,MP5 whatever....I just want functional props, yes, I know now that the Dragon is popular as you can strip her and give her new clothes to be what you want it to be,in that light anyone wanting to get rid of the ABS drop me a line.
No I just want for starters, to obtain the Robocop OCP Auto9, I just don't want to pay 430$ for it as it is on this side, I will pay 300$ but then my budget will be stretched. Barring that, my second choice would be one I only know as a WE 22L sometimes called a Capa7.1(?) it too is devoid of markings like the A9 and you can see through under the barrel and it doesn't resemble any real-life military/police issue weapon. After that, then just something to sling over my shoulder, to complete the costume,hell it wouldn't even have to have functioning internals, just a place to hold the battery and a momentary contact switch. Then I could install one of my solid state laser kits and have a "faux" 'energy' weapon but that's far down the road..I want to concentrate on getting just the right pistol for my needs. {and hey, that's no sillier than you ppl running around the woods}
Now I need to PM one of the admins.....
-later
BC

That was some great information...however this has still left me with some small questionss. See everything I read seems to be in refernce to the guns as a whole....but there are some parts such as a metal body and RIS system I would like to purchase and like everything else in this world they come from china. Would I legally be allowed to order them myself? Or is that also a negitory?

Look in the FAQ section.

http://www.airsoftcanada.com/showthread.php?t=40318

Thanks for the link :)

so i originally started airsofting in the states and now i live in calgary, and ive been told that the only ones ur supposed to have here are clear bodies. is this true? if so i need to buy a new gun ><

No, clear/black they are all fine.

My best suggestion to you is to get Age Verified by meeting up with a local rep in your area.

OK i have a query, yes i know you have to have "see through" or smoked guns in canada and thats fucking bullshit anyways it seems like every person on this site has guns from the US. And I know you need a 'Bussiness Firearms License' to import "ILLEGAL" airsoft guns which by the way is horseshit i REALLY need a serious answer because i want to get some shit off of eHobby Asia and Evike (GUNS), and obviously there are alternatate methods can someone please give a straight answer, I want to get a M200 Cheytac, M82, M249, etc. etc. I'm not a noob so don't give me stupid shit. Please reply.

If you order airsoft guns from outside of Canada, you will have them seized, if don't believe me, or want a crystal clear answer: Go ahead and place your order, have them seized, and enjoy your letter from the CBSA.

If you want to become more informed, as discussion on purchasing non-approved airsoft guns in Canada, you will need to become age verified and gain access to our forums. This is FREE to do, and only requires your time.

If you are unable to become age verified, you will be in the dark until you make some friends who are age verified, and will disclose the information to you.

If you want to read through the hundreds of people who have had their guns seized, or asked the exact same questions as you have, read the FAQs on this forum, or surf the Newbie-Tank.

Well yeah I know airsofts not new to me ive had parts siezed at the borders before, and yeah ive been age verified on this site but i have no idea where to go, ive been playing airsoft for four or so years, although ive been on this site for only like fifteen days so i have no idea where to go on this site

Im just fucking tired of smoked AKs and M4s

You may be miss-understanding what being age verified means. That means you meet up with an officer of this site and present approved photo identification that you are 18 years old, or older. Once that is done your log in permissions are changed to let you access retailers and other sellers that have normal AEGs like you'd get in almost any other country.

If you've already met with a verifier and are waiting for that to go live they usually do a batch a week so you may go live any time. In the meantime pull up your settings and put in where you live, that will let the locals know about you and they can tell you about games or other regional events.

Bonertime thanks D A N K E so, JUST AEGs or like Cheytacs, and gas shit too?

Anything you can imagine has passed through these halls.

Can u get M82's off any of those sites or stores or is it just typical canada junk?

Hurry up and get verified, there's like two or three of them M200 Cheytacs in the classifieds right now, dirt cheap, too!