Quote:
Originally Posted by fapants2
Actually, you can buy airsoft with FPS under 366 from some Canadian retailers. So its important to know if you can buy these because a consumer may do so unknowingly.
So if under 366 FPS is what makes an airsoft go from "uncontrolled firearm" to "replica", then its important to ensure you buy only ones within the legal definition. In fact, an online retailer even stated in the legality disclaimer that trying to downgrade the velocity of an airsoft to below 366 FPS makes it illegal. THey specifically stated this. They even state they make sure their store sells all airsoft above 366 and below 785 to meet legal definitions.
According to: http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm
It is often construed to mean you cannot even try to acquire or possess a replica firearm period. And that airsoft under 366FPS with all intents and purposes are deemed replicas, hence not allowed.
Yet thats my point. Shouldnt we ignore the CBSA regulations as they don't apply first of all, as its no longer a border issue. So, just focusing on the criminal code and the firearms act, I really don't find anything saying anything about the act of acquiring prohibited firearms as being illegal.
Section 95 is potentially more dicey concerning the "Possession of prohibited or restricted firearm with ammunition", because if a replica passes the test as a 'prohibited firearm' and an airsoft is deemed a replica, then potentially even possessing it "in any place" is an offense.
It is very confusing. Also, what if you have a perfectly good AEG with FPS between 366 and 500, but it breaks down one day because the motor died. All of a sudden you are in possession of a replica right then and there. From legal to illegal with the snap of the finger.
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From the Criminal code point of view, airsoft guns are BB guns. They fire a projectile but they do it with less than 5.7j of energy and at less than 500FPS. That does not change, and makes OWNING an airsoft gun legal.
From the CBSA point of view, anything that LOOKS like a gun but CANNOT INFLICT PHYSICAL DAMAGE or
CANNOT BE MODIFIED TO INFLICT PHYSICAL DAMAGE is deemed a REPLICA and cannot be imported. (Please note that this second part is almost always cutout when people try to argument that airsoft is illegal/grey zone.) That means that even if the gun is currently shooting unver 366fps, if the importer proved to CBSA that this model from this company can be made to shoot over 366fps FROM FACTORY, it is legal. So yeah, most GBB pistols are custom-ordered from the factory with a high-flow valve and long inner barrel to push the FPS from 330 to 370 and be approved. Once that is done, the importer can order the same model with the FRT listing that was created for this gun.
Once and for all, it is legal to buy an airsoft gun in Canada. Same as going to CanTire and buy that tricked-out T4 Glock-lookalike BB gun.