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Old November 21st, 2014, 08:49   #150
Cameron SS
Join Date: Nov 2014
Originally Posted by Memphishills View Post
This is still the law:

The CCC still has this provision in place:

Criminal Code - R.S.C., 1985, c. C-46 (Section 84)

(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 firearms:

(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.


The exemptions numbers above include things like transport rules. Our guns still fall under this provision. This provision doesn't say our guns aren't firearms, they just say they aren't firearms when sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act are being referenced.

This is a direct quote from the RCMP government site:

"These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport and ship them in a safe and secure manner."

In that the supreme court did not amend the ruling issued by the Ontario Court of Appeal in 2013, yes, nothing is new. And, after doing some more research, contrary to what I had previously indicated, in refusing to hear the appeal the ruling is NOT in effect throughout Canada, but remains in force in Ontario only. But you say nothing has changed since 2012. So what happened in 2012?

But here is another inaccurate quote from the RCMP website.

Important Notice

Until further notice, due to ongoing litigation, Quebec residents are required to register non-restricted firearms with the Canadian Firearms Program.
Bill C-19 permanently amended the criminal code so that registering of non restricted firearms is not a requirement, and there is no section under the criminal code for which a person can be charged for having an unregistered firearm. Even if there was, there has been a continuously in force amnesty for unregistered non restricted firearms if you have a license. The amnesty has been in force for more than ten years, and its been more than 2 years since the long gun registry ended, and the RCMP are still telling Quebeckers they have to register their firearms.

You can not rely on information bulletins on an RCMP website as legal advice.

Yes, airsoft guns are exempt from the sections that you provided, AND the firearms act. Not in question. Here is something that airsoft guns are NOT exempt from.

Section 86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
Marginal note:Contravention of storage regulations, etc.

(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

If airsoft firearms are not exempt from Section 86, what makes you think they are exempt from Section 87?

And where do you see magazines listed as exempt from the magazine restrictions? Section 84(3) only covers firearms.

Question as a newbie to the forum: The sky doesn't fall in the AV section? or is the assumption that if you are not AV you are under 18?
Cameron SS is offline