Thread: Airsoft Laws
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Old September 1st, 2007, 19:02   #35
The Saint
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Join Date: Jan 2005
Location: Quebec
Originally Posted by mcguyver View Post
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.
I think the major difference in interpretation between you and me just further highlight the ridiculous status quo. My interpretation is that according to the definition given for replica firearms in the CCC, it's basically impossible for airsoft guns to be classified as anything else. Ruling from the CITT supports my position, IMO, because of their overall track record of dismissing appeals based on resemblance first and foremost, ie. replica firearms. Every case I've read mentions brands and models only in reference to the issue of resemblence.

Why do we get guns through still and haven't had a general crackdown on all airsoft in Canada? IMHO, it's nothing to do with definition of airsoft as (or not as) replica firearms. I think it's because, one: to do so is a criminal court affair. If they hit airsoft, we can argue from a pretty strong position that they'd have to follow suit with all replica firearms in Canada, ex. every toy gun that changed hands since 1998. CITT like to argue that it's not a court of equity, I'd like to see the supreme court argue the same thing. If the police and courts come after us, whether we want to or not, all the aforementioned Crosman pellet gun silliness and even those dollar store cap guns can be dragged into a fight we haven't seen since C-68.

Secondly, very much related to the first, control of the importation and sale of replica firearm is highly dependent on successfully arguing legitimate purpose. It's easier for CITT to block importation because that's fairly limited compared to the criminal courts arguing that it's illegal to own anything that resemble real guns. That'll lead into the truely grand issue of whether we want to be a society that outlaws toy guns.
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