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Old April 29th, 2010, 11:43   #39
red_baroness's Avatar
Join Date: Feb 2010
Location: I live in Halifax Nova Scotia.
Originally Posted by shaharov View Post
Airsoft Guns are clasified as Replica Firearms as per this clause
in the Canadian Criminal Code 84.1

So as per the Criminal Code act these are Prohibited Devices

However, on grabbing the clauses I ran into an exception:
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

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
That's all well and good, but you didn't include a definition of "replica firearm" which can be found within the firearms act itself. Traditionally this includes the phrase "non-firing," or "theatrical."
So again it comes down to INTENT. Ever wonder why a store can sell bb guns, pellet, paintball, blank firing starter pistols, but CANNOT sell NON-FIRING REPLICAS. It's all intent.
Non-firing replicas are intended to simulate a real firearm and nothing else. Airsoft, BB, Pellet are intended for gaming and target shooting.
The former is illegal except for theatrical purposes (and then only with a wrangler's permit,) the latter is perfectly reasonable and lawful (so long as proper safety concerns are met.)
Ya digg?
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