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Old January 5th, 2008, 22:42   #89
Brian McIlmoyle
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Join Date: Apr 2005
Location: Toronto
it is not really that confusing

I'm not going to quote law here... I've done so dozens of times...and this same topics come up again and again, Research some threads on the issue.. or even better READ THE LAW YOURSELF.

Airsoft guns as a class of items have not been defined as replicas... However in every case that I have researched that a charge was laid regarding the use of an airsoft gun in a crime ( and it happens lots ) the airsoft gun was found to meet the test of being a replica.

So its is pretty good policy to presume that items sold on the basis of being 1:1 duplicates of real guns .. are pretty likely to be considered a replica in a court of law.

For import purposes airsoft guns are classed as replicas... and you need special licenses to import them.

So... lets just all agree that airsoft guns are replica firearms..and stop arguing about something that is already decided by the court.

in 1998 replica firearms were proscribed under the Criminal code as "prohibited devices"

Underage possession of firearms is also proscribed... and limited to specific defined circumstances... nowhere in those circumstances does it say that underage people can posses prohibited devices. ( for those who demand quotes... right back at you... please quote where it says that they can.. then at least you will have to read the law to find its not there )

In this case the code is inclusive... stating under what exact circumstances an underage person may posses proscribed items.

If under the supervison of a legal possessor an underage person can have in their possesson any proscribed item. So sure.. kids can have airsoft guns in their possession as long as they are supervised by someone who can legally posses them ( anyone over 18 not under a firearms ban ) So one would presume that a 16 year old borrowing his 20 year old brothers airsoft gun and attending a game with him would be fine under the law.

So effectivlly kids can't own airsoft guns because they are proscribed.. but as long as there is an adult around to supervise them they can use them for approved purposes.

So now lets talk about people over 18...

Law is weird stuff ... it does not always seem logical...

For example... according to the law.. I can't buy a replica firearm today..

But if I have one.. I can legally posses one regardless of when I got it..

but how can this be?

here is how it works..

The ACT of transferring a replica is illegal ... this is illegal behavior.. and subject to penalty of proven. the object of the transfer the replica is not made to be an illegal object by being the subject of Illegal behavior.

The object of the transfer is not in its self illegal... but it is proscribed under the law so that it's status is clear.. That status is as a prohibited device.. that is legal to possess.

Look at it this way... I have a kitchen knife.. that there is no legal restriction to have... I stab my neighbor as a result of an argument... The act of stabbing is clearly an offense.. the knife.. still quite legal to have.
Brian McIlmoyle
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