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Old July 4th, 2005, 10:39   #49
Brian McIlmoyle
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Join Date: Apr 2005
Location: Toronto
Originally Posted by midgetspy
Originally Posted by Brian McIlmoyle
According to the Criminal Code Airsoft guns fit the description of "replica firearm" and "imitation Firearm" consequently they are a prohibited device, and no one under the age of 18 can purchase one legally.

There is an exemption under the possession and transport sections of the Criminal code for possession so people can legally own them, but no one under 18 can. Other than the possession and transportation exemptions ( in that it is **not** an indictable offense to transport or possess replica firearms) all other sections of the criminal code with respect to Prohibited Devices apply to airsoft weapons.

These are **not toys ** in the perception of the law they are just as illegal as any other prohibited firearm, except you require no license to posses them.

The firearms act is pretty clear as to who can legally own Prohibited Devices.. and certainly no one under 18 years of age qualifies.

Someone over the age of 18 could buy it.. but it would be illegal for them to give it to you as only people and businesses licensed to trade in prohibited devices can "transfer" a prohibited device to someone who can legally own one
"transfer" means Sell, give , loan or rent,

Sorry Chrome.. you have to wait
This is totally wrong. If airsoft were prohibited devices nobody would be able to have them, 18 or otherwise. Everything you said in that post is absolutely wrong, I don't know if you made it up or you think you heard it somewhere but it's all completely bogus. Legally (except for in Ontario) under or over 18 makes no difference for airsoft.

Except... that is not the case

Read the post... look at the regulations, read the criminal code.

use .. LOGIC

1:1 scale duplication of "real steel" weapon = replica

Replica = Prohibited Device

Here is a relevant section from the CFC

3. Air guns that are replica firearms

These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.

(anyone who pins their hopes on the description of Airsoft weapons as not being replicas because they can cause serious injury is in my opinion deluding themselves, saying something is more legal than an airgun because it is more dangerous is nonsensical)

However the Law says the only prohibited device that someone over 18 can posses and transport without commiting an offence is a "replica firearm"

Everyone gets hung up on the " cause bodily harm" thing as making airsoft weapons "not replicas" but the fact is that all the regulations and guidelines are subordinate to the Criminal Code

under the Criminal Code "Any thing" that looks like a real gun is a replica , full stop.
There is no metion of firing, non firing, Causing harm or not.

The legallity of possession of replicas is ***protected by*** the criminal code. and renders all other regulations and guidelines with respect to replicas as just so much "chatter"

If you are found with a replica .. it is under the Criminal code that charges will be laid, and if you are properly transporting and using it on private property .. there is no law broken.

If you are walking around downtown.. or leave it in your jeep open to public view... now you have committed an offense under the Code.

Everyone tries to cling to the "Airsoft guns are not replicas" thing by "wiggling" the regulations and leveraging the "wishy washy" descriptions under the regulations to support that position.

The regulations are fuzzy.. the Law is not and it is the Law what one would be charged under.

If you dissagree, I'm willing to be educated.

but please cite the regulations and laws support your position

I can .. and have in the "airsoft and the law" thread, but I am as I said willing to be educated.. if I have it wrong... but certainly not by someone simply saying I'm wrong.. prove it
Brian McIlmoyle
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