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Old November 17th, 2014, 13:02   #60
Drake's Avatar
Join Date: Dec 2001
Location: Montreal, QC
Originally Posted by Cameron SS View Post
Danke caught my error about section 99 applying to airsoft.
I think you meant Drake. Similar letters, different name.

Therefore, intent to commit a criminal act is no longer required for any of the offences listed in the criminal code. Airsoft guns are ONLY exempt from those sections of the criminal code set out in 84(3), being sections 91 to 95, 99 to 101, 103 to 107 and 117.03.
AND also the Firearms Act.

As for magazine limits, I still don't see how Airsoft/Paintball/Pellet guns with MVs over 214 FPS are exempt. You pointed to the RCMP bulletin, which is not law, and I quote the law which does not specify centrefire/rimfire. You never addressed this. Are there any magazine limits being applied to Airsoft firearms now?

I also don't think 214 fps is meant to be applied broadly. It was quoted in the context of a court case involving a pellet gun and presumably the pig eye test was carried out with a pellet gun and not an airsoft gun. But that's a whole separate topic I've discussed elsewhere. But I don't think the "214 fps" value should be touted as gospel: the currently accepted lower limit for airsoft is 366 fps.

Magazine limits and a bunch of other stuff you referred to...

Mag limits are defined in SOR-98-462, broadly:


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 [...]

(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.

I presume this is what you're referring to. And taken out of context, that does seem to support your claim. But if we go to the beginning of the document and look at the prescription, we find

5. The components and parts of weapons, accessories, and cartridge magazines listed in Part 4 of the schedule are prohibited devices for the purposes of paragraphs (a) and (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.

So we go back to the CC and see what they say about owning such prohinited devices:

Unauthorized possession of firearm
91. (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

But again

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearm

Section 91 doesn't apply.

Every other point you bring up, same thing.

You're reading "firearm" and you're just running with it. Don't. I have no doubt you know the firearms laws, but please take the time to familiarize yourself with airgun laws which you admittedly don't know about, don't just quote parts out of context and assume it applies. You're a firearms instructor, you should be better than this. PLEASE be better than this.
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