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Old April 28th, 2010, 17:43   #37
shaharov's Avatar
Join Date: Jul 2009
Location: Duncan, BC (just North of Victoria)
Originally Posted by red_baroness View Post
Actually, Airsoft guns are legal to own, buy, sell, and import.
Airsoft Guns are clasified as Replica Firearms as per this clause
"replica firearm"
"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;
in the Canadian Criminal Code 84.1

So as per the Criminal Code act these are Prohibited Devices
"prohibited device" means
(a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,
(b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,
(c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(d) a cartridge magazine that is prescribed to be a prohibited device, or
(e) a replica firearm;
However, on grabbing the clauses I ran into an exception:
Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4) and section 98, 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, unless the person is the holder of a licence under which the person may possess it.
Section 91.2

Actually.. in all the criminal code the phrase "a prohibited device, other than a replica firearm" is used constantly. I never found a clause that has prohibited device without explicitly excluding replica firearms. Maybe we are allowed to own them (any Lawyers out there... please comment)

Regardless.. Law enforcement does not interpret the law but enforce what they believe to be the law (they can be wrong, why we have courts and appeal processes) This is from the RCMP Site dealing specifically with replica devices

Replica Firearms
Fact Sheet

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 Canadian Firearms Program 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.
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.
So as far as law enforcement is concerned replica firearms are illegal and may be seized for destruction, which is why CBSA will seize airsoft guns coming across the border.

Seriously though, If there is a lawyer can they look at the exceptions of the criminal code, it looks like replica firearms have been excluded from most clauses dealing with prohibited devices (in fact all clauses, except the original definition).

On a side note.. Apparently Canada Safety Council claim that hybrid cars cause collisions. I think that they can't protect everyone from their own ignorance or stupidity
Friendly Fire...... ISN'T!!

Last edited by shaharov; April 28th, 2010 at 17:46..
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