Originally Posted by Shinjin_MC
outta curiosity, how are you planning to do this?
have a sticker that has "over 400 fps and under 500fps" on the box?
CBSA is different from RCMP and CFC
they have a lot more freedoms; and you have a lot less, while dealing with em
I have seen first hand CBSA agents taking away boxloads of KJW M700's even though they had manufacturer statements listing its FPS output
Can you elaborate on the "exact" chain of events? Were the guns rated at over 400 FPS...did they have the rating on the box and in the manuals that came with the guns...were they tested by the RCMP...did the person appeal the CBSA on the confiscation...can you provide detailed documents on the case...is this a first hand experience or is a story or something someone told you...etc??????
By the way all, i was soooooo bored today on my Saturday day off that i went to go see a good friend of mine that works at Pearson International airport (YYZ)....guess who he works for?!?!?!? you got it...CBSA.....guess what i was told by his supervisor on his coffee brake.....you got it.....if the gun is "actually" rated at over 400FPS, it is no longer considered a "replica" but a firearm...as long as its rated under 500FPS, they have no choice according to the letter of the law, but to clear it...period. Now he did say that depending on the officer in charge that day, they might give you a hassle....and they might want to send it to the RCMP for testing, but in the end...they have no choice but to release it too you.
But you know what...im not even gona take his word for it....why should I....he has only worked for the CBSA for over 10 years and his supervisor has 20+ years of experience.............sooooooooo.........im gona get a letter from the office of the President of the CBSA "Alain Jolicoeur". Ill be sure to post it up once it comes.
but I'm not stopping there!!!...
9. A replica firearm is a prohibited device under both the Firearms Act and tariff item 9898.00.00 of the Customs Tariff and may not be imported by residents or non-residents.
10. Replica firearms may lawfully be imported into Canada only with a Firearm Business Licence issued by a Chief Firearms Officer that clearly states the named business may import prohibited devices, e.g., by the movie industry for use as props, and an import permit issued by the Department of Foreign Affairs and International Trade (DFAIT).
11. To determine whether a device is a replica firearm, it is first necessary to determine if it is a firearm.
12. To be a replica firearm, a device must meet three requirements:
"not one of the three..ALL THREE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(a) it cannot be a firearm, meaning it does not discharge a projectile with sufficient energy to cause serious bodily injury or death to a person;
(b) it must resemble an existing firearm with near precision in size, colour, appearance, and configuration; and
(c) it cannot be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm.
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 side 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 (NOT ALL)
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.
15. If you need more information on the capacity of a given device to inflict injury, its muzzle velocity, its resemblance to real firearms, or any other technical matters, detain the shipment and:
(a) use the Firearms Reference Table;
(b) consult regional firearms experts; or
(c) send a sample of the device along with a letter explaining your request to:
Chief Scientist, Firearms
Central Forensic Laboratory
Royal Canadian Mounted Police
1200 Vanier Parkway
Ottawa ON K1G 3M8"
Source you ask??? = CBSA http://www.cbsa-asfc.gc.ca/E/pub/cm/...html#P99_16503