k Ill take a shot at it...
Originally Posted by Tariff item No. 9898.00.00 reads, in part, as follows
Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this tariff item referred to as prohibited goods . . . .
What are prohibitive devices? Subsection 84(1) of the Criminal Code4 list it
Originally Posted by Subsection 84(1) of the Criminal Code4 provides
“prohibited device” includes, among other things, a replica firearm, which is defined as follows: “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.
Basically airsoft is usually considered replicas since it is:
- a device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm
- it self not a firearm
- it is not a device that is designed or intended to exactly resemble, or to resemble antique firearm
#1 is pretty simple, if it is model after a firearm with good percision (close to 1:1 ratio, colour)
#2 is not that hard, a firearm is defined in Section 2 of the Criminal Code
Originally Posted by Section 2 of the Criminal Code defines
“firearm” as follows: “firearm” means 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 and anything that can be adapted for use as a firearm.
What is it mean "can be discharged and that is capable of causing serious bodily injury or death to a person"
Originally Posted by Taken from an appeal case: [url
http://www.citt-tcce.gc.ca/appeals/decision/ap2h004_e.asp)]In[/url] support of its position, it submitted in evidence a facsimile dated October 22, 1999, from the RCMP Central Forensic Laboratory. According to this evidence,6 in order for an airsoft gun to be capable of causing serious bodily injury and, thus, considered to be a firearm and not a replica firearm, it must have a muzzle velocity in excess of 407 ft/s (or 124 metres per second) when firing a .22 g projectile. The CBSA argued that the pistols in issue have a muzzle velocity of between 250 and 350 ft/s, which is well below the 407 ft/s minimum threshold to be considered a firearm.
#3 is not that harder, an antique firearm is define by a firearm that is made prior to 1889 (that means Gewehr98, not Kar98 is still considered modern firearm, not antique)
So airsoft falls under that defintion of replica...
Pellet gun on the other hand, mostly DO NOT RESEMBLE a model of the firearm. If it does, most likely it falls under the defintion of a firearm, keep in mind firearm below 500ft/s and 5.7J are not required to be registered. (apparently you can, if you want. Some body actually registered a garden water pistol as a firearm)
If there are not within the two, technically its illegal. But, in most cases, pellet gun does follow the definition of firearm as getting shot repeatly could kill a person. Also don't forget pellet gun pentrate deeper than airsoft. (not just in the eye)
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