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Old November 17th, 2014, 16:32   #72
Drake's Avatar
Join Date: Dec 2001
Location: Montreal, QC
Originally Posted by Cameron SS View Post
As for 214 vs 366. I think your absolutely right that 214 should not be applied broadly. The weight of a .177 air rifle pellet vs the weight of a 0.2g airsoft pellet would likely require different velocities to penetrate a pigs eye.
That's my feeling on the matter as well. The energy of 7.9 grain (~0.51 gram) pellet at 214 fps is simular to the 0.2 g (~3.08 gr) @ 366 fps used for airsoft (1.09j vs 1.24j respectively). The difference probably being attributable to the pellet being smaller, pointy-ish lead projectile.

However the judge did not make this distinction, which means no other judge need make this distinction either. The state of the law now is that it COULD be applied broadly, and that's not a good position to be in.
For airsoft purposes, the lower limit would mean more guns could be imported -- namely a lot of pistols. Maybe its a coincidence, maybe its by design, but the 366 fps limit (airsoft) makes a lot of the pistols illegal to import. And I think pistols are the main type of weapon law enforcement is concerned with where gangs and convenience store robberies are concerned (nobody is knocking over the corner gas station with assault rifles, replica or otherwise).

Could I order a 325 fps pistol and argue a CBSA seizure using this ruling? I wouldn't bet any money on it.

The exemption for airsoft guns under 84(3) does not include accessories for those guns. Yes, an Airsoft firearm is not a firearm for the purposes of section 91, but nothing in law says that an airsoft magazine which is a prohibited device is also exempt. The magazine itself is obviously NOT a firearm, and there fore the exemption does not apply.

Magazines which exceed the 5/10 round limit are "prohibited devices" which are illegal to own (section 91) but the CCC states section 91 does not apply to low power airguns. Magazines are arguably linked to the gun they fit in, as for determining their capacity (e.g., 40S&W mags which fit in 9mm versions of a pistol and can hold more than ten 9mm rounds are still considered legal because they're linked directly to the 40S&W version of the gun).

A Red Ryder BB gun from Canadian Tire and Walmart holds 650 copper BBs. If Red Ryder BB guns become illegal I'll give it more thought. But as it stands, magazine capacities for sub-500 fps airguns have never been an issue (most semi-auto air rifles have 8 and 12 round "mags," many .177 BB pistols have 16-round stick mags, some less common guns like the Baikal Drozd have a 30 round mag -- and the Drozd fire full auto to boot). And paintball. How do you define a paintball "mag?" I could stick any piece of tupperware in lieu of the hopper.

Originally Posted by Enthusiast View Post
Here a direct link with contact info:

I am shocked by this news, we need to get the facts straight about the 214 fps.
Of all the documents out there relevant to this, please don't quote that piece of drivel. As for the 214 fps ignore it. You think its going to allow you to import lower power guns? It won't. For anything else it has no bearing.
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