Thread: Replica or Not?
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Old January 27th, 2008, 12:48   #15
Drache
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13. The following are examples of devices that could be considered replica firearms:

(a) Generally, toy or model guns and starter pistols do not qualify to be considered as firearms; however, some toy or model guns and starter pistols may be designed with a very realistic mechanism or appearance (e.g., colour, size). For example, the action of a toy or model gun may cycle in a way similar to a real firearm, the cylinder of a model revolver may rotate, or the slide of a model automatic pistol may move once the trigger is pulled. In these cases, they are considered replica firearms even if they are made of plastic, die-cast zinc, or other material.

(b) The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. Virtually, all air guns are firearms, as they meet the definition of a firearm in section 2 of the Criminal Code. When the muzzle velocity of an air gun exceeds 152.4 m per second (500 FPS), it is considered a firearm and must meet the licensing, registration, and transportation requirements of the Firearms Act.

(c) When the muzzle velocity of an air gun is less than 152.4 m per second (500 FPS), it is still considered to be a firearm, but is exempt from the licensing, registration, and transportation requirements of the Firearms Act. Such air guns are exempted only from certain provisions that can be found in section 84(3) of the Criminal Code.

Note: A firearm whether exempted or not by virtue of subsection 84(3) of the Criminal Code, cannot be a replica firearm since the definition of replica firearm is found in subsection 84(1) of the Criminal Code, and, thus is not one of the exempted sections.

Air Soft Guns
14. Most air soft guns are considered replica firearm as defined in subsection 84(1) of the Criminal Code. They are clearly designed not only to resemble a firearm with near precision but also to resemble a specific and readily identifiable make and model of firearm. Due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, air soft guns are replica firearms.
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