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Old November 14th, 2014, 14:04   #18
Cameron SS
Join Date: Nov 2014
Originally Posted by MaybeStopCalling View Post
Cameron SS, I suggest you go back and check your facts. Last I checked, magazine capacity requirements as stated here:

Mean that airsoft guns would have to be centrefire or rimfire for magazine capacity requirements to apply. Calm down, and do your research. Please. The last thing we need is for panic or fear mongering to take hold in the community.
Hi, I can assure you, I am quite calm. I have also done much research on this issue. The information you have provided is not law, and you should be cautious when relying on the RCMP bulletins as they have frequently misquoted and misrepresented the law in their bulletins.

The proper reference you should be reviewing is the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.

Part 4. Prohibited Devices.
Former Cartridge Magazine Control Regulations.
These regulations prohibit
"3. (1) Any cartridge magazine
(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in
(i) a semi-automatic handgun that is not commonly available in Canada,
(ii) a semi-automatic firearm other than a semi-automatic handgun,
(iii) an automatic firearm whether or not it has been altered to discharge only one projectile with one pressure of the trigger;
(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada."

Note the lack of reference to centre-fire ammo. It simply says cartridge of the type for which it was designed. If it was designed to hold Airsoft Pellets, and it is designed for use in a full auto firearm, it is limited to five rounds. Yes there is an exemption for rimfires, but that obviously doesn't affect Airsoft.

Just for reference purposes, Section 84 of the criminal code defines both "ammunition" and "cartridge magazine".

“ammunition” means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell;

“cartridge magazine” means a device or container from which ammunition may be fed into the firing chamber of a firearm;

Again, no reference to centre-fire/rimfire. Airsoft guns discharge projectiles, and have chambers, there both of the above definitions easily apply to Airsoft guns.

In R. v. Dunn, R. v. Dunn, 2013 ONCA 539 (CanLII), the Ontario Court of Appeal ruled that any gun that shoots a projectile faster than 214 fps, is a FIREARM. This was upheld by the Supreme Court of Canada, just this week, when they dismissed Dunn's appeal.

An Airsoft gun that meets the definition of Handgun in Section 84 of the criminal code, is a RESTRICTED firearm, AND is subject to the above regulations, as they are written, regardless of what the RCMP post on their website.

Originally Posted by Drake View Post
Do you know understand what the ruling was? Do you even know what the specific case in question was about?

Yes, and Yes.

The 214 fps bit was presumably intended for for pellet guns, in the context of the court case. The defined parameters set out for airsoft guns (0.2g@366fps) haven't changed, nor has the CCC been changed in any way.

The ruling made no distinction based on pellet gun. In interpreting the definition of Firearm under the criminal code, it was considering all "barreled weapons shooting a projectile with a velocity of more than 214 fps. No specific consideration was given to mass of the projectile, or means of propulsion. I am unclear of the defined parameters you are referencing for Airsoft guns. Please provide a reference.

While the parameters set out for airguns may not have changed, the interpretation for what is a FIREARM under the law HAS changed, and if an airsoft gun shoots in excess of 214 fps, it is considered a FIREARM, and any airsoft parameters for things that are NOT firearms no longer apply

Not according to the CCC.

Section 99 of the Criminal Code.
99. (1) Every person commits an offence who
(a) manufactures or transfers, whether or not for consideration, or
(b) offers to do anything referred to in paragraph (a) in respect of
a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

No, they are not. As quoted in the other thread, the CCC specifically identifies parameters for low power airguns (including airsoft which are not considered to be Replica Firearms) which are exempt from the Firearms Act (which covers storage, transportation, etc).
Again, no.

That is why what the Supreme Court of Canada has ruled by supporting the ONCA ruling is so important. If the airsoft gun shoots faster than 214 fps, it is a firearm. Less than 214 fps, and the rules for airsoft guns not deemed replicas applies.

On your person in public, yes (but that was always the case). In your car its fine, just as its always been.

Now that most airsoft guns are deemed to be firearms, this is no longer the case.

Nothing makes them illegal now (unless someone secretly amended the CCC overnight), and its sub-366 fps airsoft guns which remain illegal.

The CCC has not changed, no. But the Supreme Court of Canada has issued a very significant ruling interpreting what the CCC says.

While I appreciate your enthusiasm, I think you should inform yourself a bit better about the law, airsoft, and please refrain from posting misinformation as fact.
I am admittedly unfamiliar with airsoft, but quite familiar with the law, particularly the criminal code and firearms law. This is a very significant ruling and it will result in years of legal action. I wish it were not so, and I didn't come here to rain on anyone's parade.

What I have quoted is not misinformation, and except for where I quoted the law, it is not fact either, just opinion. Just like the RCMP website is THEIR opinion.

Read the law. The SCC has effectively issued a ruling declaring all barreled weapons firing projectiles more than 214 fps are a firearm under section 84 (3) of the Criminal code. This is HUGE.

Last edited by Cameron SS; November 14th, 2014 at 14:10..
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