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Old May 21st, 2013, 23:15   #47
Join Date: May 2008
Originally Posted by pestobanana View Post
In short

FPS < 366 fps = replica firearm - prohibited device.
366 ≤ FPS < 500 = uncontrolled firearm - free to own without licensing
500 < FPS = firearm

Yes it's fucked up, if it can't hurt you it's illegal, but if it can it's legal. If it's real, you can have it with licensing, if it's a look-alike it's illegal.

There is no point. We're interpreting poor wording in the Canadian Firearms Act in a way that makes airsoft guns legal. While the act was made with pellet guns in consideration, airsoft guns were unknown at the time.
I think the 366 FPS is only applicable to CBSA (uncontrolled firearm). I find no reference to it in the Criminal Code.

Technically, airsoft guns are not firearms (< 500 fps), and if they ressemble with near precision an actual firearm the CC defines them as prohibited devices, unless they are clear plastic.

I looked at it from the perspective of "what could I be charged with if I had a prohibited device?", as my employer wouldn't look kindly on something like that.

From my reading of the CC, simply having a prohibited device or using it in a safe manner for certain activities isn't a crime. Now, if I were to use it in a careless manner (section 86(1)) or concealed it (section 90(1)), I could be charged, but as long as I used it only for the purpose of the sport/game and was careful about transporting it, this seems - at least to me - the real reason why no one is running afoul of the CC.

The "uncontrolled firearm" interpretation is only for CBSA.
coghlan is offline   Reply With Quote