Originally Posted by Brian McIlmoyle
it is the intention of use that defines the item at the time of an offense.. if you use one to rob a gas station it was your intention that it be taken as a real gun.. therfore that person would face firearms offenses.
If however you are 2 goof kids fooling around in a park with them... your intended use of the item is as a toy... and you would likely face a stern talking to.. and an admonishment to not "play with your toy guns in public"
the guns could in fact be the exact same make and model in both situations... in one case its a replica firearm... in the other a "harmless toy"
Yes, I realize that. There is no differentiation between using a 9mm or a cap gun if it was used for the purpose of committing a crime. Whatever you are carrying, you get charged under the criminal code as if you were carrying real steel.
What I meant with my post is that if police took a stance that anything airsoft (clearsoft excluded) was a replica firearm (prohibited device), they could technically show up at airsoft games (like TTAC3) and start confiscating guns, and laying charges against all those who can't prove they accquired their guns before Dec 1, 1998, because that is the law.
In that respect, it's best that airsoft guns are tossed into the same classification as BB guns.