You're reading the wrong "or".
Quote:
( d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge
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Not the above "or". The above simply states that the weapon, in order not to be considered a firearm, cannot do the following:
Quote:
(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.
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Those two "or". Paintball markers can and do exceed 5.7J, and they don't need to also exceed 152.4m because it's an "or" not an "and". Therefore, they're firearms if the courts or law enforcement ever need to come down on them. There was actually notable debate in C-10A, the amendment that the above section came from, over whether it should be "or" or "and".