City of Markham Ontario bans all replica firearm sales with new by-law 2012-196

[Jackals]

Sorry if this has been posted, but as this directly relates to airsoft:

SUBJECT: A By-law to Prohibit the Display, Marketing for Sale and Sale of Imitation and Replica Firearms

See http://www.markham.ca

PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licensing, ext. 4851

RECOMMENDATION:

1) THAT the report titled “A By-law to Prohibit the Display, Marketing for Sale and Sale of Imitation and Replica Firearms” be received; and,

2) THAT Attachment „A‟ –Draft By-law to Prohibit the Display, Marketing for Sale and Sale of Imitation and Replica Firearms” be enacted; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

PURPOSE:

To respond to a request from York Regional Police to pass a by-law to prohibit the display, marketing for sale and sale of imitation and replica firearms in the City of Markham.

BACKGROUND:

The City does not currently regulate the display or sale of firearms of any kind. The City does however prohibit the discharge of guns and other firearms including air guns and spring guns within the municipality under the “Discharge of Guns and Other Firearms By-law 323-86.

OPTIONS/ DISCUSSION:

York Regional Police have expressed concerns about imitation and replica firearms being sold in the City. According to police, the use of imitation and replica firearms is very common in the gang world because of their realistic appearance and the ease with which they can be acquired. When not used in the proper manner, there is a potential for serious injury with replica handguns. Since these guns can be easily mistaken for the real thing, there can be serious consequences for the operator and the police. For example, anyone committing a crime with an imitation or replica firearm could face the same charges as someone using an actual firearm in the commission of a crime. Members of the public, especially minors, may also not be aware of the potential risks and consequences of possessing replica or imitation firearms. When responding to any call involving a
weapon, the weapon is treated as real until determined otherwise putting police officers and suspects at risk. York Regional Police seized 86 imitation and replica firearms in 2010 and 85 in 2011 as a result of police investigations.

This past September, Durham Regional Police responded to a weapons call at Bowmanville High School. The immediate and comprehensive police response caused considerable distress and concern for the school community. As a result of the incident, a student at the school was found to be in possession of a replica firearm and knife. The student was subsequently charged with “weapons dangerous to the public.”

Since the possession and use of the imitation and replica firearms is not illegal, the police are powerless to seize them if they are not being used in the commission of a crime. The purpose of focusing on the sale of these firearms is to make the acquisition of these guns more difficult in Markham. The imitation and replica firearms are not known as being collectibles and have become more of a public nuisance than any other identified use. If they are not readily available for purchase in a retail store it will make it more difficult for to obtain these guns for nefarious reasons. The police are prepared to work with retailers to educate them on the types of guns that would no longer be permitted to be displayed or sold. Enforcement of the by-law would be a last step. The police and city staff will also provide a community education strategy and awareness of risks and public nuisances with imitation and replica firearms.

FINANCIAL CONSIDERATIONS AND TEMPLATE:

No additional costs or staff resources are anticipated should the proposed by-law be adopted. Enforcement of the by-law will be led by York Regional Police in conjunction with By-law Enforcement & Licencing Staff.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed by-law to prohibit display, marketing for sale and sale of replica handguns addresses the concerns of residents and protects their health and well-being.

"Replica Firearm" - means a TOY or other object that is not a Firearm but might reasonably be mistaken for a Firearm and, withou restricting the generality of the foregoing, shall include AIRSOFT guns, compressed air and compressed carbon dioxide powered bb and pellet gun that might reasonably be mistaken for a Firearm.

*** NEW REGULATION:

No person shall display, market for sale or sell an Imitation or Replica Firearm in the City.

You can send the Mayor your comments at:

Frank Scarpitti

101 Town Centre Blvd.
Markham, Ontario, L3R 9W3

Tel: 905-475-4872
E-mail: fscarpitti@markham.ca

[Blackthorne]

Interesting to see how the RCMP ruling on airsoft being an "unregulated firearm" (if they meet the FPS criteria) will impact the inevitable court decision.

How many retailers in Markham?

[BloodSport]

So wonder when the Markham Walmart, Canadian Tire and other sports stores will be suing them for lost revenues........

[kullwarrior]

I thought replica firearms are federally prohibited.....

[MultipleParadox]

Somewhat a bad news I'd say... :/
It won't be hard for people of Markham to still get their toys, but it sets a dangerous precedent for sure... Hope it won't get noticed/discussed too well across other big cities...!

Originally Posted by kullwarrior

I thought replica firearms are federally prohibited.....

For Importation yes (and transfer of ownership and all), but possession, not sure?

[Rakoten]

An answer to how many retailers in Markham, there's not many the ones that i know of are just local Wal-Marts and Canadian tire, there are 3 small shops inside Pacific mall and i think revolution airsoft has their shipping facility in Markham, but don't hold me to that lol. Other than that i don't think there's anymore in within the boarders of Markham

[Affliction]

The only people buying airsoft guns in Markham are kids and their parents at Pacific Mall.

Ten bucks says that most of those stores will walk 20 meters across the street and open shop in Splendid China Tower, which is south of Steeles and technically in Toronto.

[Jackals]

From the Criminal Code

91(2) Unauthorized possession of prohibited weapon or restricted weapon

Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

"prohibited weapon” means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

"replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;

[Jackals]

Pretty sure Mach 1 is in Markham too.

[kullwarrior]

Originally Posted by MultipleParadox

For Importation yes (and transfer of ownership and all), but possession, not sure?

I'm fairly certain Criminal Code of Canada does not apply only in importation.

[Armyissue]

Originally Posted by Blackthorne

Interesting to see how the RCMP ruling on airsoft being an "unregulated firearm" (if they meet the FPS criteria) will impact the inevitable court decision.

"replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm

ASG are Firearms.
Crap soft is not, unless you paint it Black lol.


No Mach 1 is not in Markham.

[mmmken]

Originally Posted by Jackals

"Replica Firearm" - means a TOY or other object that is not a Firearm but might reasonably be mistaken for a Firearm and, withou restricting the generality of the foregoing, shall include AIRSOFT guns, compressed air and compressed carbon dioxide powered bb and pellet gun that might reasonably be mistaken for a Firearm.

This is what worries me. It is black and white as to what "replica firearms" refers to in this context since they basically redefined the meaning here. If you get caught selling in Markham, you will be affected by this by-law.

Armyissue, I don't think the RCMP ruling has anything to do with this since the by-law has nothing to do with ownership, and thus there are no legal conflicts.

[BennyBoy]

Originally Posted by Jackals

Pretty sure Mach 1 is in Markham too.

Mach1 is at Western Road and Steeles, way on the other side

Are they proposing this or is it enacted already? Gotta head to work, no time to search for it on the site

[Gotrice23]

According to police, the use of imitation and replica firearms is very common in the gang world because of their realistic appearance and the ease with which they can be acquired.

You learn something new everyday....

[Brian McIlmoyle]

It a Bylaw... infraction = fine

this has nothing to do with the criminal code..

Municipalities are free to define whatever they want as a "replica" it has zero bearing on the criminal code definition.

nor does an alternate definition in the CC provide a valid defense against the bylaw infraction.

Markham perceives a issue with proliferation of retail of things they don't like .. they are free to regulate it.

Enforcing that regulation is a whole different issue