Originally Posted by The Saint
Wait, what McGuyver? The loophole is that airsoft guns as replica firearms aren't illegal to possess.
No, the loophole is that airsoft guns are not explicitly declared as replicas, except for about a dozen or so SPECIFIC makes and models. That's why the CFC lists the "case by case" qualification in all their facts sheets, etc.
As Brian has said, replicas are illegal to possess (unless you can prove you bought it prior to Jan. 1/98), sell or otherwise traffic. There is absolutely nowhere in the CCC that states that airsoft guns, including make and model as required for real firearms, are in fact replicas. There is certain case law for certain guns, namely WA M92 and KSC MAC 11 to be specific. That's why you would need to be charged and have a judge or tribunal of the CITT to rule on the status of a SPECIFIC gun.
Whatever the CBSA states when they seize your gun is irrelevant. They do not write law, they only interpret it and make policies for their used based on their interpretations. You can fight them and win, but it is a long and expensive fight and hardly worth the effort for an individual who gets a $300 pistol seized. This inability for them to act outside the confines of a simple seizure is what allows us to keep purchasing from retailers without fear of having the RCMP knock on your door.
This is our only loophole and the only reason we still have a sport at all.