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Is it Illegal for a Minor to POSSESS an Airsoft Gun in Canada?

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Old January 5th, 2008, 02:44   #1
ILLusion
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Is it Illegal for a Minor to POSSESS an Airsoft Gun in Canada?

Someone please educate me as to exactly what laws are being broken when a minor owns an airsoft gun.

Please cite the location of the specific codes as written in the Canadian Criminal Code, because I've personally never heard of such a thing before.

I want to get this cleared up right here and now so that the constant reports about "minors breaking the law" either stop or get enforced properly. Mind you, it's generally the same guys who complain about minors "breaking the law", performing "illegal activities", and "promoting illegal behaviour" but I have yet seen a single shred of proof or cited material to prove these claims. This clarification needs to be made.

For you guys who always complain about this issue, state your case, provide your claim and cite the specific areas as outlined by the Canadian Criminal Code. If you can back it up, then I'll enforce the claims more strongly, but until then, any more such complaints will yield the COMPLAINER with an infraction for wasting the time of moderators.
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Old January 5th, 2008, 02:47   #2
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It isn't anywhere. People just think it is, because of Ontario bylaws or some crap.
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Old January 5th, 2008, 02:51   #3
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*Giggles. (This may be my day.)

I was going to say you only need to be 18+ to buy Airsoft. On some boxes of ClearSoft, 16+ depending area location.
But people on here think you need to be 18+ because in order to play you need to be 18+ and to have one.
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Old January 5th, 2008, 02:53   #4
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My understanding of the law is simple and as follows:

It is illegal for a minor under the age of 18 years of age to PURCHASE an airsoft gun in the province of Ontario. I'm under the impression that no other province has such a law.

I'm also under the impression that there is NO provincial or federal law that states that it is illegal for a minor to POSSESS an airsoft gun. PLEASE PROVE ME WRONG ON THIS MATTER, because frankly, I'm getting pretty tired of some users claiming this is the case without any proof. It's false information.
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Old January 5th, 2008, 02:58   #5
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Ive never read of any such law but personally I just go by the, you should be 18 because 18 is the age that a person is considered an adult, and therefore responsible for their own actions, aside from that, I cannot offer much more.

Did I smoke before I was 18? Yep
Did I drink before I was 19?(19 in sask to drink) Hell yes
Did I attempt anal sex before I was 18? You better fucking believe it.
(on that last one, people should look into it, the legal age for anal sex is actually 18)

Of course people who are underage are gona try and do things they want to, if they are allowed or if they are not.
The best we can do is attempt to educate them, and attempt to weed out the stupid and make sure they understand what they are doing, you dont just get in the car and drive before your 16 (unless you grew up in sask and lived on a farm that is), you had to to wait till you were legally allowed to drive and have had enough practive, but in regards to airsoft, there is no law that I know of that states that you have to be 18 here in sask, its only a well practised rule that we use.

I believe the 18 thing is just so that the person with the airsoft gun can be held responsible instead of the blame falling on a parent or guardian, but I believe that is also what juvy is for.
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Old January 5th, 2008, 03:00   #6
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I was under the impression that 18+ to purchase, but in the act of possession, it is 16+. This being, in worst case scenario, you can be given a more major sentence should a crime be involved.
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Old January 5th, 2008, 03:06   #7
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This is not a Federal issue, Brian, but a rather a Provincial issue. Not all provinces have this on the books, but most do, somewhere. I've found the best resource for such info in Alberta has been via the Fish and Wildlife branch of the provincial government. They regulate hunting activities, and lay out regulations for minors who hunt, use weapons, which weapons can be used when for hunting, etc.

But, the Federal law is vague on the EXACT placement of airsoft or other airguns that aren't directly regulated by the CCC as far as possesion and use legislation is concerned. It would be reasonable to assume that if you had to go to court, an airsoft gun would be treated as any other weapon when used in the commision of a crime (and it is so noted in the CCC), but the question is determining the crime. Many municipalities forbid even the possession of airguns within city limits, while others don't, but will prohibit their discharge.

It's a complicated issue, and varies from province to province and municipality to municipality. It's best if you try to find out all local ordinances yourself, but how many 15-18 year olds are going to do that? I like the idea of promoting an "18+ because it's the law" policy as a failsafe to ensure that no matter where you are, you should still be legal. It's not the most technically legal stance, but it serves a purpose to the community at large that outweighs it legal weight for accuracy.
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Old January 5th, 2008, 03:15   #8
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It's one thing to educate, it's another to use scare tactics through false information. That's my issue with the issue.

Even if it's not federal, provide me with the provincial by-law that states it is illegal for possession.

Until there's hard proof of it, there's not much that ASC can do besides EDUCATING the minor. As much as some of you guys want, I CAN'T just slap a minor across the back of the head just because he says he's going to get a gun one way or another.
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Old January 5th, 2008, 03:18   #9
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Plus, there's always the possibility that some 15 or 16 year old kid will take it to school to show his friends. Then if he points it at someone or flashes it to his friends and has it taken away he may squeal. The cops might then come beat down your door and inquire as to why you are selling firearm replicas?
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Old January 5th, 2008, 03:21   #10
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I'm not saying to slap anyone over it. It's not our problem if they do. If they buy from a retailer, that's the retailer's problem. If they buy from the back-door of ASC, they should be punted from here. This is after all still a private community, and as such can make up whatever rules it wants.

Maybe when Greylocks speaks out about "18+", he's speaking from a provincial or local standpoint. Unless we want to list the laws of all 10 provinces + the territories, as well as thousands of towns and cities, I don't see how getting a definitive answer on what the law truly is for "X" person living in "Y" city in "Z" province is going to be of any benefit to anyone.
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Old January 5th, 2008, 03:33   #11
Brian McIlmoyle
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complicated

here is the issue...

It is not legal for a person under the age of 18 to posses a replica firearm.
They are proscribed under the CCC as prohibited devices..

but... Airsoft guns as a class of articles are not proscribed as replicas...although practically every one that has ever been tested by a court has met the criteria to be classed as a replica.

such tests only happen when charges are laid.

So If airsoft are replicas..they are proscribed and Governed by the CCC and the provisions of the Firearms Act... which limits possession of firearms to persons 18 years and older, without supervision. even though they are not firearms .. replicas are proscribed so the same age restrictions apply


So technically if a minor committed an offense with an airsoft gun.. and was charged... they would also likely face a charge of unlawful possession of a prohibited device...as well.

so the same "loop hole" that people are buying and selling airsoft guns through .. applies to possession by minors...

it is not any more illegal for a minor to have one than it is for you to sell one to someone else.
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Old January 5th, 2008, 03:38   #12
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Exactly what I wanted to say(well, not EXACTLY) except I was too lazy.
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Old January 5th, 2008, 03:41   #13
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I was wondering this..
I know for paintball you need to be 18 to buy a marker, but you see lotsa little kids running around with them.
But, basicly what Brian said, makes sense.
*shrug* :?

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Old January 5th, 2008, 03:44   #14
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So if you're a minor and want to play airsoft then you should buy a buttload of grenades and play only with grenades?

AWESOME!
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Old January 5th, 2008, 03:46   #15
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Quote:
Originally Posted by MadMax View Post
So if you're a minor and want to play airsoft then you should buy a buttload of grenades and play only with grenades?

AWESOME!
Plug for Airsoft Innovations grenade? Lol. How is that coming BTW.
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