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Old May 20th, 2015, 06:37   #8
mj23lj's Avatar
Join Date: May 2015
Location: Halifax, Nova Scotia
Hi all,

I got an email back from the CBSA. What I've taken from the email; is that to an extent it will be down to the discretion of the border customs officer I deal with, and if I can convince him that my rifle does not truly resemble any real firearm by particular make and model, as well as providing evidence that the rifle fires under 500fps and above 366fps. Is that about right?

Thanks again for your help!

It is the Canada Border Services Agency’s (CBSA) policy to effectively control the movement of firearms and weapons in order to ensure compliance by all importers with Canadian laws and regulations.

All firearms and weapons must be declared at the CBSA office when they enter Canada. Failure to do so could result in them being seized, and you may face criminal charges.

Prohibited devices (which include replica firearms) are listed in Tariff Item (TI) 9898.00.00 of the Customs Tariff. The importation of goods listed in TI 9898.00.00 is prohibited unless an exemption to that tariff item applies. According to the Criminal Code, replica firearms are defined as:

· “any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm."

Based on the above definition, it has been established by case law that many airsoft guns may meet the definition of a replica firearm for the purposes of the Criminal Code and the Customs Tariff and may not be imported into Canada.

In general:

· Airsoft guns, with a muzzle velocity of less than 111.6 m/s (366 fps) and resembling with near precision an existing make and model of a firearm, other than an antique firearm, will be classified as a replica firearm.

· Airsoft guns, with a muzzle velocity above 111.6 m/s (366 fps), will be classified as firearms and therefore, by definition cannot be replica firearms.

· Those with a muzzle velocity of greater than 500fps and a muzzle energy over 5.7 Joules are controlled firearms and would be subject to licensing and registration requirements applicable to the appropriate class of firearm (non-restricted, restricted, prohibited).

Each importation of an airsoft gun will be evaluated on a case-by-case basis to determine whether it exactly resembles or resembles with near precision a real firearm of an identifiable make and model. If there is a determination that classifies an airsoft gun as a replica firearm, the onus will be on the importer to prove that the particular device does not meet the elements of a replica firearm. If an item is allowed into Canada, applicable duties and taxes will apply. The rate of duty depends on the item and country of origin.
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