Originally Posted by Capt. T/O
Show me the legislative history that states that Parliament wrote the section to mean AND.
You're right though, there is no distinction between the CFC and the RCMP.
The distinction lies in the scope of the laws. The two laws here (the FA and the CCC) each serve their own purpose, and they are exclusive of each other. One does not take precedent over the other.
The CFC and de facto the RCMP implement/interpret the FA.
Your local prosecutors/interpret will implement the CCC.
The CCC will only come into play after a crime has been commited and not before. The FA governs until such time.
Like I said, check out the CFC website... it states that there are two definitions for a firearm... one under the FA and one under the CCC.
1. Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code.
These are air guns with both a high muzzle velocity (greater than 152.4 meters or 500 feet per second) and
a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds). The “muzzle velocity” is the speed of a projectile at the instant it leaves the muzzle of a gun, normally expressed in metres per second or feet per second. The “muzzle energy” is the energy of a projectile at the instant it leaves the muzzle of a gun, expressed in joules or foot-pounds. Air guns need to meet both standards to be classified as firearms for purposes of the Firearms Act.