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Old January 29th, 2014, 03:20   #1
fapants2
 
Join Date: Jan 2014
Once and for all, is it legal to buy airsoft from Canadian Retailers?

Ok. I have searched extensively on this topic already. What I find problematic is the many interpretations, and more importantly, people making judgements based on a combination of wording from the Criminal Code of Canada and the CBSA Regulations relating to border control issues.

What I want to know is if its legal to purchase airsoft in Canada, not even importing it and risk it getting seized, but simply by buying from Canadian retailers for which there are plenty.

My understanding is the most updated interpretation amongst the community is that airsoft, especially realistic looking ones from Tokyo Marui for example, are all considered "replicas" which are classified as prohibited firearm. And this they say is 'illegal' unless this 'realistic replica' has FPS between 366 and 785. This will turn those airsofts into uncontrolled firearms category and legal to buy and own. This applies across the board for GBBGs and AEGs. They cite sources ranging from RCMP notes to CBSA regulations.

Yet there are many Canadian retailers who sell realistic looking AEGs and GBBGs. My question is, is it legal to buy from them? Presumably they got it in the country either with a license or by satisfying legal definitions to import, but will someone get in trouble buying a realistic looking airsoft (counted as replica) from a Canadian retailer with FPS lower than 366?

My interpretation is this. I've read the Criminal Code Part III regarding Firearms. Nowhere does it say that acquiring a firearm replica (airsoft) is illegal. It only ever discusses "possession" of prohibited firearm as being illegal with even an exception to replicas for that clause making possession of replicas legal. It does state that selling prohibited firearms in general is illegal, but since we are talking from the perspectives of a consumer this does not apply as consumers are buyers not sellers. Once its in Canada and being sold by a Canadian retailer and purchased domestically, you are only concerned with the Criminal Code. So i don't know why people bring in the CBSA at all because this has nothing to do with border issues anymore. The issue is whether it is legal now in the country.

Can someone correct me if I'm wrong or missing something. I don't see anywhere in the Criminal Code, that it is illegal to acquire (buy) or posses (own) a replica firearm at all. While yes, there is the RCMP info on airsoft that did state in its wording that "individuals cannot import or acquire a replica firearm". Is this a misunderstanding of the intentions of the wording? Is that perhaps construed as a warning to potential Canadian importers from international sellers of replicas not to do so because it will be ceased at the border? Because as far as I can tell, the Criminal Code has nothing written about it being illegal to acquire or posses a "replica" in the form of a low power <366FPS AEG or GBBG.

Last edited by fapants2; January 29th, 2014 at 03:29..
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