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Old January 29th, 2008, 02:41   #326
mcguyver's Avatar
Join Date: Aug 2005
Location: Northern Alberta
The RCMP's job was to determine if a gun could cause bodily injury. If it could, then it could not be considered a replica because it was considered a firearm, which a replica can not be. Therefore, if it's a firearm, what kind is it? If it shoots over the 500fps and 5.7 J limit, it must be registered, and as such could be non-restricted, restricted or prohibited depending on other factors. If it doesn't shoot over the limit, it's not subject to much regulation at all.

So, the RCMP was involved to determine whether this gun could be classed as a replica based on performance.Had all the other factors such as size, colour and configuration been met to consider a gun a replica, they could refute that claim simply with performance figures for the gun in question, or seal it's fate.

So, what if a gun that could in fact meet those performance benchmarks? By the standards of all the decisions rendered by the CITT, those guns would not be replicas and the CBSA's seizure would be overturned. But so far, this has not happened. And if a gun is proscribed in appeal by the CITT as not being a replica, it's pretty tough for the CBSA to knowingly enforce a seizure on it and get away with it.
Age verifier Northern Alberta

Democracy is two wolves and a sheep discussing what's for dinner.

Freedom is the wolves limping away while the sheep reloads.

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