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Old February 24th, 2008, 01:02   #107
mcguyver's Avatar
Join Date: Aug 2005
Location: Northern Alberta
Mr. D.F.K., I can tell you that when the CITT (not a judicial but rather an administrative tribunal) wants to hit you over the head with the 407 fps qualifier, it is to use as physical, measurable proof that your gun is prohibited. There has not been a successful appeal yet that the CITT has allowed that uses this same number to disqualify a gun.

When I spoke with Deryk Penk at the RCMP a number of years ago, I was told that they have done testing on animals (pigs to be exact). There was a case in Ontario where a man was killed by an LTL beanbag shot from a police 12ga. shotgun. As part of the testing to determine harm and lethality from BBs used in those bean bags, they shot at various parts of the pig, from torso to eyes. Their results do not bear out 407fps from this testing at all, but they say they have conducted other "tests", none of which are published for peer review or even substantiated at all. The pig test was a scientific test and was published, so that data is available.

Basically, the 407 fps is a fictitious number, conjured up by the RCMP. This number would not hold up in an actual court because there is no actual published test data. There is a multitude of test data on BB guns and injury going back to DiMaio, et al. in 1982, and there's one from Florida in 1997 that does use the 407 fps number. If you goolge "BB + eye + injury", you will get alot of results.

The number the RCMP use is for their purposes, and not for ours. You're welcome to challenge them on it, but I promise you that number will disappear before you even get to court and it won't help you at all. If you want to challenge them in court, go in armed with at least 8-10 other studies from around the world (there's a really good one from Finland) and call their experts on it in court. But don't expect that the airgun industry would be willing to help you, in fact, they may side with the RCMP against you, to protect the umbrella of policy-led (rather than legal) protection they currently enjoy (as most of their guns would be considered replicas as well).
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.

Never confuse freedom with democracy.
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