Airsoft Guns Toy or Replica?

[Mud Gunner]

Found this article of interest...link at bottom of posting to see the offical document. The bold part questions my faith in our sport, least in Canada anyways and I wonder if some dickhead read this and decided to start enforcing it, hence the current difficulties we are experiencing across the board.

Air Guns
If you own or want to acquire an air gun, here is some information you should know about how the Firearms Act and the Criminal Code apply to them.

Air guns (also known as BB guns, pellet guns, spring guns or air soft guns) fall into three categories:

air (pneumatic system),
spring (spring-air), and
gas (CO2/nitrogen).
For purposes of the Firearms Act and the Criminal Code, air guns can be broken down further into the following four categories:

1. Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code.

These are air guns with both a high muzzle velocity (greater than 152.4 meters or 500 feet per second) and a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds). The “muzzle velocity” is the speed of a projectile at the instant it leaves the muzzle of a gun, normally expressed in metres per second or feet per second. The “muzzle energy” is the energy of a projectile at the instant it leaves the muzzle of a gun, expressed in joules or foot-pounds. Air guns need to meet both standards to be classified as firearms for purposes of the Firearms Act.

These high-powered air guns are subject to the same licence and registration requirements as a conventional firearm.

You are also required to store, transport, display and handle them safely in accordance with the regulations supporting the Firearms Act.

Usually, the manufacturer’s specifications are used to determine what muzzle velocity and muzzle energy an air gun was designed to have. This information may be available in the user’s manual or on the manufacturer’s web site. If the information is not available, individuals can call 1 800 731-4000 and ask to speak to a firearms technician to find out if the air gun is classified as a firearm for purposes of the Firearms Act.

High-powered air rifles are classified as non-restricted firearms. High-powered air pistols are classified as restricted if their barrel is longer than 105 mm or prohibited if their barrel length is 105 mm or less.

2. Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code.

These are air guns with a maximum muzzle velocity of 152.4 meters or 500 feet per second and/or a maximum muzzle energy of 5.7 joules or 4.2 foot pounds.

Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.

The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.

These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and shipped them in a safe and secure manner.

3. Air guns that are replica firearms

These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.

In particular, some air guns that are commonly called air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal or lead.

Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a licence to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in.
The Criminal Code sets out some penalties for using a replica firearm or any other imitation firearm to commit a crime.

The Canada Firearms Centre (CAFC) receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape and size, but it is made of clear or brightly coloured plastic, or is much smaller in size.

Many of these devices have to be assessed on a case-by-case basis. As a general rule, however, those made out of clear plastic and those that are significantly smaller than the real version are not classified as replicas. Brightly coloured paint does not necessarily exclude a device from the definition of a replica. If you have questions about a particular make and model of air gun you may contact a firearms technician by calling 1 800 731-4000, ext 1060.

4. Air guns that are neither firearms nor replicas

These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child’s toy.

Like replicas, they generally fall within the definition of an “imitation firearm” and are subject to some penalties under the Criminal Code if used to commit a crime.

Information
For more information, contact us by one of the following methods:

telephone: 1 800 731-4000 (Toll Free)

web site: www.cfc-cafc.gc.ca

e-mail: cfc-cafc@cfc-cafc.gc.ca

This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its regulations.

Provincial, territorial and municipal laws, regulations and policies may also apply.


http://www.cfc-ccaf.gc.ca/info_for-r.../airguns_e.asp


More info on Replicas


Replica Firearms
Here is some information on how the Firearms Act and Criminal Code apply to replica firearms. A replica firearm is a device that is not a real firearm, but that was designed to look exactly or almost exactly like a real firearm, other than an antique firearm.

Replica firearms are prohibited.
To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm. If it looks like an antique firearm, as defined by the Criminal Code and Criminal Code Regulations, it is not prohibited.

The Canada Firearms Centre receives many enquiries from people wondering whether an imitation firearm would be considered a replica if it resembles a real firearm in many ways, but it is made of clear or brightly coloured plastic, or is much smaller in size.

Many of these devices need to be assessed case by case. As a general rule, however, those made out of clear plastic and those that are a lot smaller than the real firearm are not prohibited replicas. Those that are brightly coloured might be prohibited, depending on other features. If you have any questions about a particular imitation firearm, call 1 800 731-4000, ext. 1094, for assistance.

Possessing or Acquiring Replica Firearms
As an individual, you may keep any replicas that you owned on December 1, 1998. You do not need a licence to possess a replica firearm and it does not have to be registered. However, you cannot acquire, make or import a replica firearm. If you take a replica firearm out of Canada, you cannot bring it back in.

If you are a business, you may possess, acquire or import replica firearms only if you have a valid Firearms Business Licence that allows you to possess prohibited device for an approved purpose.

Lending or Borrowing Replica Firearms
You cannot sell or give a replica firearm to an individual or to an unlicensed business. However, you can lend a replica firearm to:

a person who borrows it specifically to fulfill their duties or employment in a motion picture, television, video or theatrical or publishing activities; or
a certified instructor who wants to use it to teach the Canadian Firearms Safety Course or the Canadian Restricted Firearm Safety Course.
The specific requirements pertaining to such things as record-keeping, notification and storage requirements can be found in the Special Authority to Possess Regulations (Firearms Act) (SAP).

Use of Replica Firearms in Crimes
When used to commit a crime, replica firearms are included in the broader Criminal Code definition of "imitation firearms". There is a mandatory minimum penalty of one year in prison if an imitation firearm is used to commit, to attempt to commit, or during flight after committing a serious criminal offence, such as kidnapping, robbery or sexual assault. This sentence must be added on to the sentence for the main offence.

Storing and Transporting Replica Firearms
Replica firearms should be stored and transported carefully to keep them out of the hands of someone who might misuse them.

If you borrow a replica firearm under the terms of the SAP Regulations, replica firearms must be stored in a sturdy, securely locked container, vault, safe or room that cannot readily be broken open or into.

There are no specific requirements for your personal replicas, but the law requires you to exercise reasonable caution for the safety of other persons.

If you are transporting your replicas personally, you must lock the replicas in the vehicle’s trunk or in a similar lockable compartment. If the vehicle does not have a trunk or compartment in which the replica can be locked, the replica must be put out of sight inside the vehicle and the vehicle must be locked.

If you ship a replica firearm, you must send it by a carrier that is licensed to transport prohibited devices. Replica firearms being shipped by licensed carrier must be packed in a sturdy, non-transparent container that cannot readily be broken into and that is not likely to break open accidentally

Businesses that are licensed to possess prohibited devices for an approved purpose must store and transport these and other prohibited devices in accordance with the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Information
For more information, contact us by one of the following methods:

telephone: 1 800 731-4000 (Toll Free)

web site: www.cfc-cafc.gc.ca

e-mail: cfc-cafc@cfc-cafc.gc.ca

This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its regulations and to Part III of the Criminal Code.

Provincial, territorial and municipal laws, regulations and policies may also apply.

[as_styles]

the laws and rules are confusing at best...

[Mud Gunner]

No doubt as to confusing. Been trying to figure out the hassles as of late and this is the best answer I could find. Maybe something all together different but this is certainly plausible in my book.

[Goldman]

If I'm not mistaken there is a another analysis of this CFC posting in one of the legal threads. If I'm not mistaken the general concensus was, "the CFC dosen't write law/policy, so go with what the CCC states." Though I find it funny that under those rules, the Poseidon kits that WGC sells, or building a "Mortitia" from Startship Troopers, or alternativly the pulse rifle from Alien dosen't count as a replica. So if we ever do get ban, the game isn't totally out the window.

[as_styles]

from my experience with dealing with the government bodies both CFO, CFR claim that CBSA is the main body that holds the future of importing them.

[Mud Gunner]

Originally Posted by Goldman

If I'm not mistaken there is a another analysis of this CFC posting in one of the legal threads. If I'm not mistaken the general concensus was, "the CFC dosen't write law/policy, so go with what the CCC states." Though I find it funny that under those rules, the Poseidon kits that WGC sells, or building a "Mortitia" from Startship Troopers, or alternativly the pulse rifle from Alien dosen't count as a replica. So if we ever do get ban, the game isn't totally out the window.

True- maybe the M41 Pulse rifle (aliens gun) will be our new M4? I like this train of thought although it would suck if it does go banned. Now it does make me wonder what is defined as antique...

[Brian McIlmoyle]

This is pure speculation... but.. seems like there is no will to alter laws..

but with the import troubles that many suppliers seem to be having getting their stuff landed in canada, there must be some mandate for the CBSA to cut off the supply of replicas and replica parts..

If the supply dries up.. and the CBSA can say they are doing something to address the "replica problem" then politically it is a win for the goverment without having to infringe on the rights of legal owners..

Those with more experience on the import side may have more to say on the issue.

[GraveTech]

Originally Posted by Mud Gunner

Now it does make me wonder what is defined as antique...

* any firearm other than a handgun manufactured before 1898 that was not designed to discharge rim-fire or center-fire ammunition and that has not been redesigned to discharge such ammunition, or
* or any firearm that is prescribed to be an antique firearm.

[as_styles]

True Brian,
As of late the only answers we have been hearing is either its not our issue or no it cant be done.

[Mud Gunner]

Originally Posted by GraveTech

* any firearm other than a handgun manufactured before 1898 that was not designed to discharge rim-fire or center-fire ammunition and that has not been redesigned to discharge such ammunition, or
* or any firearm that is prescribed to be an antique firearm.

Damn goverment had a nerd working on that one, not a whole lot of possibilities there other than muskets as this point! Did you happen to see a list of prescribed antique firearms? Right now thinking movie guns would be the ideal loop hole to exploit!

[GraveTech]

Nope, didn't see any lists, just that little bit of text. That stuff is probably buried in Appendix ZZA or something

[Ibby]

Originally Posted by GraveTech

* any firearm other than a handgun manufactured before 1898 that was not designed to discharge rim-fire or center-fire ammunition and that has not been redesigned to discharge such ammunition, or
* or any firearm that is prescribed to be an antique firearm.

Like I said before, phear my mighty airsoft blunderbuss!

[Goldman]

We already have airsoft muskets, tightbore barrels an your mouth. Or for the cheap among us, loadrods:P

[Mud Gunner]

Originally Posted by GraveTech

* any firearm other than a handgun manufactured before 1898 that was not designed to discharge rim-fire or center-fire ammunition and that has not been redesigned to discharge such ammunition, or
* or any firearm that is prescribed to be an antique firearm.

Now lets define manufactured shall we? The G11 never went into production/ manufacture so we could in theory get away with that one, what other prototypes can we think of? Might be a useful should we hit ban status.

As for loading rods and barrels and mouths, sounds like blow gun and knowing some peoples mouths theyu could probably propel a BB faster than the 500FT per second mandate and get those banned as well.

Prototypes here I come

[GMTII]

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