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Old August 12th, 2008, 23:30   #31
Yannos
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Find out who have interred in infraction at your house, and get a lawyer and bring him and the construction company that does the renovation in court.

You even said that if nobody is home then nobody can enter in your apart. They did break that rule and you can sue them for good money I'm pretty sure.

But I'm not a lawyer and never will be so maybe im all wrong lol
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Old August 12th, 2008, 23:45   #32
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If they the person reported the guns to police unlawfully meaning the evidence leading to a search warrant would all be void, in another words it should means they could not press charges since someone is breaking the law to have you charged with something illegal.

Just reading Criminal law book of Canada on my free time, yea so I could be wrong
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Old August 13th, 2008, 00:03   #33
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Originally Posted by ravenOVERwater View Post
Long story short, they have sent them in for ballistics testing.. they said if they clock above a certain speed, the criminal charges will be applied. Otherwise, they can be returned in a week.

Luckily I haven't modified them in any way, so they should be safe.

In all likelihood, it should be fine, but this incident still leaves a bad taste in my mouth in how it played out.

All's well that ends well, I guess.
under the Criminal Code, its 500 fps muzzle velocity OR 5.7 joules of muzzle energy... under the Firearms Act, its 500 fps AND 5.7 joules.

it really depends what they want to charge you with...
you mentioned criminal charges.... that implies the Criminal Code and thus 500 fps OR 5.7 joules.
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Old August 13th, 2008, 00:08   #34
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i wonder what weight bbs they use to determine that
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Old August 13th, 2008, 00:19   #35
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Did anyone per chance ask the fellow where he bought these guns? Maybe it has nothing to do with passerbys and maybe he bought the guns from retailers that are under the thumbs right now?

Just a paranoid thought am sure.
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Old August 13th, 2008, 00:35   #36
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Originally Posted by Capt. T/O View Post
under the Criminal Code, its 500 fps muzzle velocity OR 5.7 joules of muzzle energy... under the Firearms Act, its 500 fps AND 5.7 joules.

it really depends what they want to charge you with...
you mentioned criminal charges.... that implies the Criminal Code and thus 500 fps OR 5.7 joules.
RCMP Forensics lab test I heard uses .23g But Seriously They SHOULD USE JEOULES INSTEAD OF FPS, why? Because I think we should all go out there now get .88g 6mm and say a M150 Systema PTW makes 110fps. I dunno? 2J as max is already good enough, better than the Japan or UK with such low fps limit
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Old August 13th, 2008, 00:51   #37
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Velocity testing on it's own is a grey area, even for the RCMP Firearms Forensics Lab. This is an old story that predates airsoft as we know it and goes all the way back to 1995 when the current Firearms Act was framed. What ammo is to be used? How should the testing be done? If it's gas guns, what propellant? There are too many variables to make testing in this regard an absolute.

Under the old laws, 500 fps was the limit, period. No mention of energy. But, as airguns are still a staple and arguably biggest selling firearms in Canada, there had to be some accomodation made for varying ammo weights. Guns that used to be perfectly legal by a good margin (shooting under 500 fps) were now technically illegal (firing over 500 fps) simply by using legal, over-the-counter lightweight ammo. The energy requirements were installed in 2000 to counter this, and to save the hassle of dealing with millions of maybe-legal, maybe-illegal airguns. This basically made all but the real serious airguns legal, and removed restrictions on their transfer and possession, upholding over 100 years of precedent in this regard, same as muzzle loaders. It was easier to change the law than try to unnecessarily regulate hundreds of thousands of pellet gun ammo retailers, owners and users.

Any finding by the RCMP on a gun that shoots over 500 fps but not over 5.7J has basis in my opinion to be argued in court. But most guys would give before then I think.
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Old August 13th, 2008, 01:38   #38
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[QUOTE=ravenOVERwater;791956]I'm currently overseas..

I got a call from my family today that my apartment was searched by the police under a warrant for possessing firearms, magazine, etc.

At no point did I take the airsofts outside of the apartment.. I wasn't even in the country. And I don't share my apartment with anyone. The apartment I'm in is still under construction on the upper floors, and contractors sometimes enter the unit... however, my unit is listed as do not enter unless owner is present, so I did not worry about it. I think some contractor ignored the notice, went in while I was away, saw an airsoft, and called the cops.

Wow, what a gross load of crap to have to deal with.....any angry exes or anything? Looks like you've gotten solid advice so far, get a lawyer involved quick so they can protect your property on you behalf while you're in absentia, and to act on you behalf at any and all court appearances, I doubt that you'll be charged, highly doubt it, but then again you never can know for sure with these things, just hope you're not an example.

One other important thing what branch of the police searched your premises?
And yeah if someone trespassed on your property and caused all this mess over nothing you should definitely sue to recover any damages/legal fees as well.

Good Luck and DO NOT procrastinate, in the eyes of the law initiative can be a very powerful weapon, get on it.

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Old August 13th, 2008, 02:10   #39
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Quote:
Originally Posted by Capt. T/O View Post
under the Criminal Code, its 500 fps muzzle velocity OR 5.7 joules of muzzle energy... under the Firearms Act, its 500 fps AND 5.7 joules.

it really depends what they want to charge you with...
you mentioned criminal charges.... that implies the Criminal Code and thus 500 fps OR 5.7 joules.
Technically it's 500fps and 5.7J in both the Criminal Code and the Firearms Act. The 500fps was carried over from pre-Firearms Act legislation, while the 5.7J was inserted in 2003. The section's not very well worded, but one needs to exceed both numbers to be a firearm under Canadian law.
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Old August 13th, 2008, 02:12   #40
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Originally Posted by Capt. T/O View Post
under the Criminal Code, its 500 fps muzzle velocity OR 5.7 joules of muzzle energy... under the Firearms Act, its 500 fps AND 5.7 joules.

it really depends what they want to charge you with...
you mentioned criminal charges.... that implies the Criminal Code and thus 500 fps OR 5.7 joules.
Actually I've got an email from Canada Firearms Center and be classified AS a firearm it must meet or pass BOTH fps and joules to be classified. Meaning if you airsoft gun is 600fps but say 2.2 joules, its not a firearm.

For a .2g BB to reach 5.7 joules, that BB needs to be going around 790fps I think it is? a .23g BB would need to reach about 730fps.

Last edited by Drache; August 13th, 2008 at 02:16..
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Old August 13th, 2008, 02:16   #41
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Originally Posted by Drache View Post
Actually I've got an email from Canada Firearms Center and be classified AS a firearm it must meet or pass BOTH fps and joules to be classified. Meaning if you airsoft gun is 600fps but say 2.2 joules, its not a firearm.
Wow that's retarded. I never knew it was like that.
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Old August 13th, 2008, 02:25   #42
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Wow that's retarded. I never knew it was like that.
Ive seen a "match grade" air rifle that fired .39g non lead pellets at speeds of 1080fps+, that's around 22 joules!
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Old August 13th, 2008, 02:29   #43
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In order to be classified as a firearm in Canada an airsoft gun has to shoot 784.25761 Feet Per Second (Firing .2 Gram BB's)
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Old August 13th, 2008, 02:33   #44
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In order to be classified as a firearm in Canada an airsoft gun has to shoot 784.25761 Feet Per Second (Firing .2 Gram BB's)
thats what I said although I was off my 5.something fps....
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Old August 13th, 2008, 02:37   #45
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Ding!
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