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Old August 13th, 2008, 12:42   #64
Capt. T/O
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Join Date: Dec 2006

Sorry, but I'm not too sure if I'm following your argument here.
Perhaps we are discussing two different issues here.

So I read your post above mine and noticed that you state that the original purpose of this post was to discuss possession offenses, as relating to airsoft guns.

My original post was just to state that the definition of a firearm under the CCC is different than the definition of a firearm under the FA.

If we are just limiting our discussion to that of possession offenses, then you are absolutely correct, the FA would govern and under the FA, a firearm is defined as having to shoot greater than 500 fps AND 5.7 joules of energy.

However, if we are discussing other indictable crimes, such as pointing a firearm, then the definition under the CCC would govern and the prosecutor need only show that the airgun shot greater than 500 fps OR had a muzzle energy greater than 5.7 joules. (which was the point of my original post - "just a FYI thing")

Am I correct in that assessment?

Nonetheless. You have stated that "The amendment is part of a bill that applies to BOTH the Firearms Act and Criminal Code for purpose of modernizing the definition of what are not considered to be firearms, as per the summary of the bill itself."

Sure, the proposed amendments were for both. HOWEVER, only the FA was amended and the CCC remains the same (respecting the definition). The FA and CCC clearly have two different definitions of a firearm. The proposed amendment was NOT incorporated into the CCC and only into the FA. That is why we are having this discussion, as there is obviously room for interpretation here.

You state that you would not consider it limited to the purpose definition of a firearm for registration purposes. But only the FA was amended to include "or muzzle energy of 5.7 joules" language and not the CCC. So it can be implied that the definition set out in the FA would only be applicable to the range of offenses outlined in the FA (and not solely limited to registration but also includes other offenses, as you correctly pointed out) and not in the CCC, otherwise it would have been included in the CCC.

You provided this quote...
"The idea here is to ensure that air guns or paint balls designed to have a muzzle velocity exceeding 152.4 metres per second are subject to registration. In addition, those that are adapted to have a muzzle velocity or energy exceeding the limits in the provision will also be subject to registration."

Perhaps its just me, but I don't understand how this can be read as defining a firearm as shooting greater than 500 fps AND having greater than 5.7 joules of energy.
For me.. it reads as..
1. air guns or paintballs having a muzzle velocity greater than 500 fps (152.4 m/s) are subject to registration.
2. air guns or paintballs that are adapted to have a muzzle velocity OR energy exceeding 5.7 joules are subject to registration.

If my understanding is incorrect, please explain.


Last edited by Capt. T/O; August 13th, 2008 at 12:45..
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