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Old April 29th, 2010, 14:44   #43
The Saint
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Join Date: Jan 2005
Location: Quebec
Originally Posted by red_baroness View Post
It clearly says in the Regina V. Willy Wong document that he was importing them as THEATRICAL REPLICAS. Meaning his INTENT was to sell to lisenced film wranglers. That's illegal like I said earlier.
He brought them in as replicas. So of course they stayed replicas. INTENT again is the key.

Thanks for proving my point Saint
You're putting the cart before the horse.

In order for anything to be imported into Canada, it has to be classified as a particular type of goods. The classification is done based on the operation characteristics, appearance and material. Goods are classified not based on declared intent of the importer, but first and foremost by CBSA and RCMP judgement of the characteristics, appearance and material. You can't import cocaine simply because your intent is to make an hour glass with it. Some things are illegal to import regardless of your declared intent.

In the case of airsoft guns, the traditional classification is that of a replica firearm, because of their appearance. Replica firearms are prohibited devices, which makes them illegal to import and sell in Canada. The replica classification has nothing to do with theatrical use, it is a description of the observed nature of the goods in question.

Airsoft guns were classified as replica firearms because they looked real, and used in movies because they looked real. Airsoft guns were not classified as replicas because they were used in movies.

Only a business with a specific licence can import and sell prohibited devices, and then only for specific reasons. Will stepped beyond those specific reasons.

Canadian law has drawn a line between replica firearms and uncontrolled firearm, and that line is based on physical performance. If you can and do prove the gun shoots a certain way, it's a uncontrolled firearm. If can't or don't, it's a replica firearm. An airsoft gun's classification is not based on what you say you're going to do with the airsoft gun, otherwise you can import a Real Sword on the intent of using it as a hammer.
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