Canadian airsoft case law

[Dog Face Killer]

I thought some of you might find these interesting and informative...sorry if these links have been put up already...iv been away for almost 2 years...but I'm back!

http://www.canlii.org/eliisa/highlig...nlii11265.html

http://www.canlii.org/eliisa/highlig...nlii53962.html

http://www.canlii.org/eliisa/highlig...nlii11266.html

http://www.canlii.org/eliisa/highlig...anlii2725.html

[The Acer]

just a quick question

in order for it to be a replica it cant be a firearm, if i were to upgrade the spring then to bring the aeg up from the states, will they let it go being that its not a replica by defination???

please dont flame, i need honest answers, and yes i did read the faq's

this is quote from the first link

"Tribunal must determine if they meet the definition of “replica firearm” under subsection 84(1) of the Criminal Code. For the rifles in issue to meet this definition, each one must fulfil three conditions: (1) it must be designed or intended to exactly resemble, or to resemble with near precision, a firearm; (2) it must not itself be a firearm; and (3) it must not be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm."

" The CBSA submitted that the rifles in issue are not firearms, since the projectiles that they discharge are unlikely to cause serious bodily injury or death to a person, as required by the definition of “firearm” pursuant to section 2 of the Criminal Code. The Tribunal agrees with the CBSA that, to be considered a firearm, an airsoft rifle must have a muzzle velocity that exceeds 124 metres (407 feet) per second. Because the rifles in issue have muzzle velocities that are below this threshold,[6] the Tribunal agrees with the CBSA that they are not firearms. Based on the definition of “firearm” found in section 2, the Tribunal is satisfied that the second condition of the definition of “replica firearm” is fulfilled, i.e. each rifle in issue itself is not a firearm."

[Galahad]

Originally Posted by The Acer

just a quick question

in order for it to be a replica it cant be a firearm, if i were to upgrade the spring then to bring the aeg up from the states, will they let it go being that its not a replica by defination???

please dont flame, i need honest answers, and yes i did read the faq's

Yes and no, it would not be considered a replica if it fires over 407 fps, it would be considered a firearm. But that mean you need to have a license to import firearms, and it is almost as difficult to do as import airsoft.

[The Acer]

i thought also long as ur airsoft gun shoots below 500fps then its not a firearm of which requires all that hassle of registering and wouldnt need that importing license

or am just wrong on that one??

[The Acer]

so by replica definition its a firearm, therefore not a replica but yet its firearm that doesnt need all that importing licence stuff

some how i have the feeling im missing a piece to the puzzle anyhow here a link to back up what i was just saying

http://www.cbsa-asfc.gc.ca/publicati...f5044-eng.html

If the muzzle velocity of a weapon is 152.4 metres (500 ft.) per second or less, the weapon may still, technically, be a firearm. However, owners of such weapons do not need a firearms licence, the weapons do not have to be registered, and owners do not need an authorization to transport such a weapon for importation purposes.

[Lawdog]

Those who enjoy caselaw might enjoy this thread:

http://www.airsoftcanada.com/showthr...t=cases+lawdog

particularly post 143

Ld

[No_Way]

Read what you have posted, it'S say's (in the replica section) Replica that look like a real gun;Like a Airsoft gun are prohibited ! (not exactly the text)

Whatever anyone say, airsoft isn't legal to import !

[The Acer]

Originally Posted by The Acer

"Tribunal must determine if they meet the definition of “replica firearm” under subsection 84(1) of the Criminal Code. For the rifles in issue to meet this definition, each one must fulfil three conditions:

yes but it doesnt fulfil all 3 conditions, according to canadian customs if it shoot fast enough to do serious harm (407fps) then its a firearm, not replica, according to custom, right???

please post concrete reasons here

[Lawdog]

Originally Posted by The Acer

yes but it doesnt fulfil all 3 conditions, according to canadian customs if it shoot fast enough to do serious harm (407fps) then its a firearm, not replica, according to custom, right???

please post concrete reasons here

Try this approach Acer. Read all the cases posted and list for us how many concluded an airsoftgun was a replica and how many decided that it was not.

Then, instead of getting everyone's non-trained legal opinion, you can actually predict what a court/tribunal is likely to do.

Ld

[The Acer]

ur right the pattern was easily provable, but also every case had the pattern that it was shooting under 407fps

im saying if someone brought a gun that was shooting 450fps, and brought it up, customs couldnt legally prove it was a replica by definition that they gave in each court case,

just out of curiousity, has anyone tried bringing a airsoft gun that was shooting between 407 and 500fps??

[Lawdog]

Originally Posted by The Acer

ur right the pattern was easily provable, but also every case had the pattern that it was shooting under 407fps

im saying if someone brought a gun that was shooting 450fps, and brought it up, customs couldnt legally prove it was a replica by definition that they gave in each court case,

just out of curiousity, has anyone tried bringing a airsoft gun that was shooting between 407 and 500fps??

REally, all the cases actually made reference to the velocity of the bb? I must have missed that :banghead:

The three part test mentions that velocity of the bb? I really am getting old :banghead:

Ld

[The Acer]

yes they did, im going to refer to the first link
section 14 talks about the arguement that they use being that its a replica, and also mentions it must not be a firearm in itself
in secton 16 it talks about it not being a firearm

"to be considered a firearm, an airsoft rifle must have a muzzle velocity that exceeds 124 metres (407 feet) per second. Because the rifles in issue have muzzle velocities that are below this threshold, the Tribunal agrees with the CBSA that they are not firearms. Based on the definition of “firearm” found in section 2, the Tribunal is satisfied that the second condition of the definition of “replica firearm” is fulfilled, i.e. each rifle in issue itself is not a firearm."

[kullwarrior]

EVEN if you can get it in thru the firearm way, you will have another problem. The length of firearm could be too short and considered as a restricted. Then there's the semi automatic ONLY, Finally there will be a list of banned firearm you must follow, which means AK, Mp5, G3 are out of option. Overall it would be quite troublesome, even after custom cause you cant get it fps down that easily.
I know what you thinking, I thought it awhile ago but its not a viable way. And PAL is HARD to get nowadays, and you have a criminal record, you cant get it.

[Chrios]

Did not Peter Kang used to import AEGs factory upgraded to over 407fps so he could import them without problem?

edit: http://www.airsoftcanada.com/showpos...&postcount=326

Yes, but we apparently can't use it anymore for some reason. :?

[Firewalker]

Gaging from past cases and my "not a lawyer" understanding... The problem with that is that it must be designed with a muzzle velocity of over 407 fps. Any gun can be modified to fire over that. But it must be purpose built out of the box to fire at that rate before even being considered as valid in the velocity test.

That's my limited understanding, I could be wrong, but that's what I've got in my brain.