new regs, Airsoft under attack?

[LongStone]

Looks to me like clause 5&6 of the first document will have a dramatic impact on the sport or does clause 51.a of d19-13-2 create an exemption (ie. the existing one under which full metal airsoft is imported)?

http://www.cbsa-asfc.gc.ca/publicati...2-005-eng.html

Customs Notice 12-005

February 28, 2012

This document is also available in PDF (35 KB)
[help with PDF files]


Classification of Airsoft Guns

1. The purpose of this notice is to advise of changes affecting the classification of 6mm calibre airsoft guns.

2. Section 2 of the Criminal Code defines a firearm as “a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon, as well as anything that can be adapted for use as a firearm”.

3. As outlined in Memorandum D19-13-2, Importing and Exporting Firearms, Weapons and Devices, it was previously established that an airsoft gun, firing a .22g 6mm plastic pellet, must have a muzzle velocity in excess of 124 m/s (407 fps), in order to be considered a firearm.

4. Based on the latest research, it is now established that the muzzle velocity at which a .20g 6mm plastic airsoft projectile is capable of causing serious bodily injury is 111.6 m/s (366 fps).

5. Airsoft guns, firing a .20g 6mm plastic pellet, with a muzzle velocity above 111.6 m/s (366 fps), will be classified as firearms. Please refer to D19-13-2 for the import requirements of low muzzle velocity firearms, including low muzzle velocity “uncontrolled” firearms.

6. If an airsoft gun, firing a .20g 6mm plastic pellet, shoots below 111.6 m/s (366 fps), and resembles with near precision an existing make and model of a firearm, other than an antique firearm, it will be classified as replica firearm. Replica firearms are prohibited devices and must meet import requirements as listed in D19-13-2.

7. Inquiries and comments about this notice should be directed to: Other Government Department Programs Unit Programs Branch Canada Border Services Agency E-mail: faw-aaf@cbsa-asfc.gc.ca

http://www.cbsa-asfc.gc.ca/publicati...-13-2-eng.html
Summary

The Government of Canada is committed to effective firearms and weapons control that targets criminals and at the same time maintain the highest standards of public safety. Firearms and weapons are high-risk commodities that can impact the safety, security and welfare of Canadians. It is the policy of the Canada Border Services Agency (CBSA) to control the flow of firearms, weapons and other devices, in order to ensure compliance by all stakeholders with existing laws, regulations and orders and seek to interdict the illegal and unjustified crossing of firearms and weapons across the border; while also streamlining the process for low-risk and law-abiding persons travelling with legitimate purposes and with the required documentation.

http://www.cbsa-asfc.gc.ca/publicati...9-13-2-eng.pdf

‎"Note: The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. If the muzzle velocity of the air gun is less than 152.4 mps (500 fps)/5.7 joules but still able to cause serious bodily injury to a person, it may be considered an “uncontrolled” firearm. Most airsoft guns and certain types of paintball guns are considered replica firearms (see “Prohibited Devices” below)."

Replica firearms
50. “Replica firearm” is defined as 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.
51. For a device to be a replica firearm it must meet all three requirements:
(a) it cannot be a firearm, meaning it does not discharge a projectile with sufficient energy to cause serious bodily injury or death to a person. If the device is a firearm, then it cannot be a replica firearm (and vice versa);
(b) it must resemble exactly, or with near precision, a real existing firearm of an identifiable make and model. With respect visual examination, note that the maximum observing distance is one at which the equivalent make and model of the firearm can be identified. This distance will vary from one firearm make to the next. For example: A Luger pistol has a very distinctive silhouette as compared to other makes and is therefore more readily identified from further away. The examination of the object is something more than casual, but less than detailed. The device does not need to be so close that markings are identifiable; and
(c) it cannot be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm (see Antique Firearms above).
52. In addition, there are other material considerations that must be considered when examining a device suspected of being a replica firearm. Amongst them:
(a) scale and size;
(b) translucency (i.e. whether light can travel through it). At the time of publication, there are no firearms made of glass or translucent material. However, such a determination is not absolute. Much of this consideration depends on "how translucent" the material is and what are the parts that are translucent. For instance, a transparent firearm-like object made of dark, barely translucent material could resemble a firearm. Also, be aware that certain ammunition magazines may be translucent or made with transparent plastic materials (e.g., the magazine of the SIG 550 assault rifle);
(c) shape (whether all major parts from the original firearm are reproduced-even if they do not move).
53. The following are additional inferences that could be made to suggest a device to be considered a replica firearm. They are not in themselves necessary considerations for a replica firearm determination:
(a) weight (whether it does feel realistic in weight or whether it is considered “too light”);
(b) fabrication materials (whether it is fabricated in metal, plastic or any other type of casting). For example: some handguns (e.g., GLOCK pistols) are polymer-framed and/or use other non-metallic composites;
(c) whether the parts move or are in a “functioning state” (e.g., slides moving back and forth, cylinder rotating in a model revolver, etc.);
(d) colour (e.g., orange tip, pink or blue colours). Real firearms can come in designer colours and/or with painted tips.
54. The following are examples of devices that may be considered replica firearms (however, each device must always be assessed on a case-by-case basis and taking into account all the above-mentioned criteria):
(a) Toy guns and starter pistols do not generally qualify as firearms. However, some toy or model guns and starter pistols may be designed with very realistic mechanisms or appearances (e.g., colour, size, scale, translucency) and resembling a real make and model of a firearm. In such cases, they may be considered replica firearms even if they are made of plastic, die-cast zinc, or other material.
(b) Most airsoft guns and certain types of paintball guns or markers are considered replica firearms. This is because the muzzle velocity of the projectile does not generally cause serious bodily harm and their external features are clearly designed to resemble a specific and readily identifiable make and model of a firearm. The jurisprudence has established that to consider a firearm within the meaning of s. 2 of the Criminal Code, an airsoft gun must have a muzzle velocity in excess of 124 meters per second (407 feet per second). Therefore, due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, most airsoft guns (and some paintball guns) are generally considered replica firearms.
Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
(a) an air gun or BB/pellet gun that resembles a real make and model of a firearm may not be a replica firearm if it is an “uncontrolled” firearm (see “Uncontrolled” firearms).
(b) a disabled or deactivated firearm is not a replica firearm as it was originally intended to be a firearm, and not simply to resemble one.
55. Except for replica frames and receivers, most parts intended for replica firearms will generally be admissible, subject to other customs requirements such as payment of duties and taxes. However, border services officer must be vigilant that the parts in question are not interchangeable with real firearms or are not prohibited devices in their own right. For example: border services officer must ensure that the magazines that come with replicas are not real magazines that can be used in firearms and be able to store real ammunition.
56. If you need more information on the capacity of a given device to inflict injury, its muzzle velocity, its resemblance to a real firearm, or any other technical matter, detain the shipment and:
(a) use the FRT;
(b) consult the regional RFC or RIFLO (in doing so, please provide all available information about the device in question, such as instruction manual (if available), photos, name & model of the device, manufacturer, calibre, etc.); or
(c) conduct research via the internet (especially the web sites of manufacturers, distributors and retailers if applicable).