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-   -   Once and for all, is it legal to buy airsoft from Canadian Retailers? (https://airsoftcanada.com/showthread.php?t=161992)

fapants2 January 29th, 2014 03:20

Once and for all, is it legal to buy airsoft from Canadian Retailers?
 
Ok. I have searched extensively on this topic already. What I find problematic is the many interpretations, and more importantly, people making judgements based on a combination of wording from the Criminal Code of Canada and the CBSA Regulations relating to border control issues.

What I want to know is if its legal to purchase airsoft in Canada, not even importing it and risk it getting seized, but simply by buying from Canadian retailers for which there are plenty.

My understanding is the most updated interpretation amongst the community is that airsoft, especially realistic looking ones from Tokyo Marui for example, are all considered "replicas" which are classified as prohibited firearm. And this they say is 'illegal' unless this 'realistic replica' has FPS between 366 and 785. This will turn those airsofts into uncontrolled firearms category and legal to buy and own. This applies across the board for GBBGs and AEGs. They cite sources ranging from RCMP notes to CBSA regulations.

Yet there are many Canadian retailers who sell realistic looking AEGs and GBBGs. My question is, is it legal to buy from them? Presumably they got it in the country either with a license or by satisfying legal definitions to import, but will someone get in trouble buying a realistic looking airsoft (counted as replica) from a Canadian retailer with FPS lower than 366?

My interpretation is this. I've read the Criminal Code Part III regarding Firearms. Nowhere does it say that acquiring a firearm replica (airsoft) is illegal. It only ever discusses "possession" of prohibited firearm as being illegal with even an exception to replicas for that clause making possession of replicas legal. It does state that selling prohibited firearms in general is illegal, but since we are talking from the perspectives of a consumer this does not apply as consumers are buyers not sellers. Once its in Canada and being sold by a Canadian retailer and purchased domestically, you are only concerned with the Criminal Code. So i don't know why people bring in the CBSA at all because this has nothing to do with border issues anymore. The issue is whether it is legal now in the country.

Can someone correct me if I'm wrong or missing something. I don't see anywhere in the Criminal Code, that it is illegal to acquire (buy) or posses (own) a replica firearm at all. While yes, there is the RCMP info on airsoft that did state in its wording that "individuals cannot import or acquire a replica firearm". Is this a misunderstanding of the intentions of the wording? Is that perhaps construed as a warning to potential Canadian importers from international sellers of replicas not to do so because it will be ceased at the border? Because as far as I can tell, the Criminal Code has nothing written about it being illegal to acquire or posses a "replica" in the form of a low power <366FPS AEG or GBBG.

Devious Sinner January 29th, 2014 03:43

um...wow...

once and for all, it's not illegal to buy airsoft from Canadian retailers.

JLiang January 29th, 2014 03:48

I think you are mistaking bits of the Criminal Code with the CBSA Importation Regs.

The CBSA requires that your Airsoft gun shoot between 366 and 500 FPS, which must be prominently displayed or otherwise proven that it is true.

Owning an Airsoft Rifle and buying from Canadian retailers is not illegal. If it were, you wouldn't be on this site right now.

fapants2 January 29th, 2014 04:12

Actually, you can buy airsoft with FPS under 366 from some Canadian retailers. So its important to know if you can buy these because a consumer may do so unknowingly.

So if under 366 FPS is what makes an airsoft go from "uncontrolled firearm" to "replica", then its important to ensure you buy only ones within the legal definition. In fact, an online retailer even stated in the legality disclaimer that trying to downgrade the velocity of an airsoft to below 366 FPS makes it illegal. THey specifically stated this. They even state they make sure their store sells all airsoft above 366 and below 785 to meet legal definitions.

According to: http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm

It is often construed to mean you cannot even try to acquire or possess a replica firearm period. And that airsoft under 366FPS with all intents and purposes are deemed replicas, hence not allowed.

Yet thats my point. Shouldnt we ignore the CBSA regulations as they don't apply first of all, as its no longer a border issue. So, just focusing on the criminal code and the firearms act, I really don't find anything saying anything about the act of acquiring prohibited firearms as being illegal.

Section 95 is potentially more dicey concerning the "Possession of prohibited or restricted firearm with ammunition", because if a replica passes the test as a 'prohibited firearm' and an airsoft is deemed a replica, then potentially even possessing it "in any place" is an offense.

It is very confusing. Also, what if you have a perfectly good AEG with FPS between 366 and 500, but it breaks down one day because the motor died. All of a sudden you are in possession of a replica right then and there. From legal to illegal with the snap of the finger.

Latvian291 January 29th, 2014 06:51

Yeah, no under 366 is not considered either a replica or an uncontrolled firearm. It's only considered a replica for importation purposes, not criminal code purposes.

Replicas under the criminal code may not discharge a projectile of any kind, AFAIK.

Latvian291 January 29th, 2014 06:53

Oh and don't try to use the "my motor died" defense in court. They've heard that one before.

Kos-Mos January 29th, 2014 07:24

Quote:

Originally Posted by fapants2 (Post 1862974)
Actually, you can buy airsoft with FPS under 366 from some Canadian retailers. So its important to know if you can buy these because a consumer may do so unknowingly.

So if under 366 FPS is what makes an airsoft go from "uncontrolled firearm" to "replica", then its important to ensure you buy only ones within the legal definition. In fact, an online retailer even stated in the legality disclaimer that trying to downgrade the velocity of an airsoft to below 366 FPS makes it illegal. THey specifically stated this. They even state they make sure their store sells all airsoft above 366 and below 785 to meet legal definitions.

According to: http://www.rcmp-grc.gc.ca/cfp-pcaf/f...me_air-eng.htm

It is often construed to mean you cannot even try to acquire or possess a replica firearm period. And that airsoft under 366FPS with all intents and purposes are deemed replicas, hence not allowed.

Yet thats my point. Shouldnt we ignore the CBSA regulations as they don't apply first of all, as its no longer a border issue. So, just focusing on the criminal code and the firearms act, I really don't find anything saying anything about the act of acquiring prohibited firearms as being illegal.

Section 95 is potentially more dicey concerning the "Possession of prohibited or restricted firearm with ammunition", because if a replica passes the test as a 'prohibited firearm' and an airsoft is deemed a replica, then potentially even possessing it "in any place" is an offense.

It is very confusing. Also, what if you have a perfectly good AEG with FPS between 366 and 500, but it breaks down one day because the motor died. All of a sudden you are in possession of a replica right then and there. From legal to illegal with the snap of the finger.

From the Criminal code point of view, airsoft guns are BB guns. They fire a projectile but they do it with less than 5.7j of energy and at less than 500FPS. That does not change, and makes OWNING an airsoft gun legal.

From the CBSA point of view, anything that LOOKS like a gun but CANNOT INFLICT PHYSICAL DAMAGE or CANNOT BE MODIFIED TO INFLICT PHYSICAL DAMAGE is deemed a REPLICA and cannot be imported. (Please note that this second part is almost always cutout when people try to argument that airsoft is illegal/grey zone.) That means that even if the gun is currently shooting unver 366fps, if the importer proved to CBSA that this model from this company can be made to shoot over 366fps FROM FACTORY, it is legal. So yeah, most GBB pistols are custom-ordered from the factory with a high-flow valve and long inner barrel to push the FPS from 330 to 370 and be approved. Once that is done, the importer can order the same model with the FRT listing that was created for this gun.

Once and for all, it is legal to buy an airsoft gun in Canada. Same as going to CanTire and buy that tricked-out T4 Glock-lookalike BB gun.

Brian McIlmoyle January 29th, 2014 08:29

The classification of any item is a matter of fact. Facts must be proven.
As Airsoft guns can not be individually identified, their classification must be established by direct comparison with a previously classified object. This is done on a case by case basis in the process of a prosecution of an offence.
Some Airsoft guns have been formally classified my manufacturer and model by designation of a firearms registration table number. The classification of these objects is clear.

Airsoft guns that have not been assigned a frt number may meet the test of being a unregulated firearm if the are "capable of" causing serious bodily harm. The threshold of which has been deemed to be the firing of a .22 gram projectile at 366 feet per second muzzle velocity. The operative point is capable of, not currently is.
This is why you see pistols being sold with extended barrels and silencer shaped shrouds.

Even if the barrel length is reduced, dropping the FPS the object still remains capable of firing a projectile at over366 FPS with minor modification.

The definition of unregulated firearm is broad enough to effectively encompass all Airsoft guns. While the definition of replica is narrow enough to exclude practically all Airsoft guns.

So once and for all, for all practical purposes Airsoft guns are not replica firearms, and are legal to purchase ( unless you are under a firearm possession ban ) posses and transfer.

Ricochet January 29th, 2014 08:50

These laws are very clear. The Canadian Firearms Program reclassified certain devices as airguns, airsoft included, and then wrote up specific guidelines to work within our current legal codes. The CBSA followed suite long after to attempt a working method for people to import these legal devices into the country.

As for the whole, it shoots over 366 but now it broke and shoots nothing so is it a replica? Yes, by Canadian criminal code standards it is, but Canadians are protected by all angles of our legal system. Classification in this case is clearly stated as "for purpose", and an airsoft gun that breaks, or is acting uncharacteristically of itself is not under the control of the operator/owner, and so no criminal act has been committed.

Airsoft guns that are sold, but meet the definition of replica within the country. There are retailers out there that do sell guns that may appear to be classified as replicas. A replica is an illegal device, that mimics the look of a firearm with near precision. If an airsoft gun is classified as a firearm or gun, controlled or not, then it cannot mimic itself. It is a gun, that looks like another gun. As for those that do not shoot 366 or above, well for starters they would have to meet the criminal code full definition of a replica, and technically be unable to shoot 366 or above. A GBBR for instance that runs on duster may only shoot 280, but would shoot 420 when you put CO2 in it. The fact it would explode in your face is another issue, albeit not really a legal one.

The Canadian government has gone out of its way to legalize airsoft for us. The CBSA has put to use the FRT system and their own guidelines to allow us importation rights. It is very legal to buy/own airsoft. The criminal code is there for our protection, and not as a work around to punish us, there is a grey in the water, and yes, there are likely a few models being sold that don't quite meet the legal definitions.

Don't worry son, you'll be fine. Buy smart and play smart.

venture January 29th, 2014 09:03

366 does not appear in the criminal code. That number is an interpretation by the RCMP. If one could prove in court that one's low power Airsoft gun can inflict damage then the gun is a firearm not a replica.

"your honor, this Airsoft gun is shooting 335 fps and the prosecutor is saying that it cannot cause harm, so it is a replica. I would like permission to fire one projectile into the prosecutor's eye and then we can decide if harm is done"

Gato January 29th, 2014 11:33

Answer: yes


Additional comments: So far, the stupidest question I've seen in 2014.

Ricochet January 29th, 2014 11:51

Quote:

Originally Posted by Gato (Post 1863028)
Answer: yes


Additional comments: So far, the stupidest question I've seen in 2014.

Just wait, we aren't even out of January yet.

KenTsui January 29th, 2014 12:56

Quote:

Originally Posted by Kos-Mos (Post 1862981)
From the Criminal code point of view, airsoft guns are BB guns. They fire a projectile but they do it with less than 5.7j of energy and at less than 500FPS. That does not change, and makes OWNING an airsoft gun legal.

So, importation aside, it is legal to own an airsoft shooting less than 366?

Deadpool January 29th, 2014 13:15

Quote:

Originally Posted by KenTsui (Post 1863045)
So, importation aside, it is legal to own an airsoft shooting less than 366?

Read Brian's post.

ThunderCactus January 29th, 2014 13:24

if it were illegal, they wouldn't have let it continue for over a decade, and they wouldn't have made it EASIER TO IMPORT AIRSOFT.
Stop asking stupid questions.


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