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Old October 31st, 2012, 21:03   #65
mmmken's Avatar
Join Date: Aug 2008
Location: Markham, Ontario
Originally Posted by Brian McIlmoyle View Post
sorry.. you are wrong Possession has no date of acquisition limit

The criminal code states possession of replicas ( regardless of when how or where you got them) is not an offense

and here we go again.... Only a court of law can define a replica, it's done on a case by case basis in light of prosecution for a offense.

And a 2010 BC lower court ruling significantly raised the bar on what can be considered a replica.

Before you spout absolutes.. you should at least be up on current jurisprudence.

RCMP "fact sheets" do not represent the law.. the law represents the law and the RCMP fact sheets are woefully out of date and simplistic.
Allow me to play the devil's advocate here for the purpose to understand the legalities of Airsoft more clearly. Quoted below, you made mention of replica firearms specifically.

Originally Posted by Brian McIlmoyle View Post
In the UK it is a serious criminal offense to posses a replica firearm.. in Canada it is 100% legal
The main reason why I raised the issue, is because our sport is not 100% black and white legally acceptable as you made mention in your post. We are very much, and still are operating within "the grey area" at the moment. Ruling out more legislation as bad may be a little premature.

While the RCMP fact sheet is not in itself law, it is very much an accurate summary. There is nothing wrong with possessing a replica firearm, but there is a problem with acquiring a firearm that was released after 1998. If you possess a replica firearm that was released after 1998, it is simple to deduce that you were only able to acquire it after 1998 and thus, you have committed an offence.

Whether or not guns shooting below 366FPS (or whatever) are considered replica firearms is another story.
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