Originally Posted by The Saint
No, you're seriously failing to understand what we've been trying to tell you. Do not trust the CITT, they're a panel of people who don't care about replica firearms beside saying no to them at appeals. Do not trust the RCMP "experts" at the appeals, they're only saying stuff that makes their job easy and CITT want to hear.
The reference to the 400+fps rule is not a law, just a pseudo-policy. That rule affords absolutely no legal protection, short of getting it in writing from multiple offices within the RCMP and CBSA. They have consistently rejected that. If called upon the 400+ rule, they can easily go, "oops, we meant over 500fps and 5.7J, sorry still no cigar".
If you read the very link you posted from the CBSA (the memo), it'd indicate that the official and publicized position is one based on the Canadian Criminal Code figure of over 500fps and 5.7J, with no mention of the 400+ rule. That's because the CBSA generally defers to the technical expertise (or there lack of) of the Canadian Firearms Centre on the issue. And as you can see from the CFC's own publicized position
, there is nothing about the 400+ rule. There is only what is in the Canadian Criminal Code.
" 2. Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code.
These are air guns with a maximum muzzle velocity of 152.4 meters or 500 feet per second
and/or a maximum muzzle energy of 5.7 joules or 4.2 foot pounds.
Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.
The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law
End of story!