[mcguyver]

Velocity testing on it's own is a grey area, even for the RCMP Firearms Forensics Lab. This is an old story that predates airsoft as we know it and goes all the way back to 1995 when the current Firearms Act was framed. What ammo is to be used? How should the testing be done? If it's gas guns, what propellant? There are too many variables to make testing in this regard an absolute.

Under the old laws, 500 fps was the limit, period. No mention of energy. But, as airguns are still a staple and arguably biggest selling firearms in Canada, there had to be some accomodation made for varying ammo weights. Guns that used to be perfectly legal by a good margin (shooting under 500 fps) were now technically illegal (firing over 500 fps) simply by using legal, over-the-counter lightweight ammo. The energy requirements were installed in 2000 to counter this, and to save the hassle of dealing with millions of maybe-legal, maybe-illegal airguns. This basically made all but the real serious airguns legal, and removed restrictions on their transfer and possession, upholding over 100 years of precedent in this regard, same as muzzle loaders. It was easier to change the law than try to unnecessarily regulate hundreds of thousands of pellet gun ammo retailers, owners and users.

Any finding by the RCMP on a gun that shoots over 500 fps but not over 5.7J has basis in my opinion to be argued in court. But most guys would give before then I think.