Airsoft Laws
 

Sorry if this is already a thread but could someone enlighten me on your laws with Airsoft guns? Being in the States we dont have restrictions like that. Sometimes we have an occasional thing seized by customs but that can be fixed. By reading posts and things it seems like you have to go through an authorized importer of somesort. I would like to know more.

Its illegal to import airsoft or clearsoft guns unless you have the required paperwork (which is expensive). At the moment only 2 dealers/importers have the paperwork (as far as i know).
You have to be 18 to purchase a airsoft or clearsoft gun.

And the a big one:
Airsoft guns may not be real, however the police will treat them as such. If seen with one in a threatining situation, YOU WILL BE SHOT.

Thats everywhere dude. It's not a law, its common sense :D

:) i know but common sense isnt so common :)

Airsoft, and the law.

According to the Canadian Criminal code replica firearms are prohibited devices.

"replica firearm"means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;

"prohibited device" means

(a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

(b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

(c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

(d) a cartridge magazine that is prescribed to be a prohibited device, or

(e) a replica firearm;

prescribed" means prescribed by the regulations;

Possession of prohibited devices are prohibited, but replica firearms occupy a "grey area" under the law. Although prohibited, replica firearms are specifically excluded from the prohibition for possession. In addition no license is required for possession

(2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless the person is the holder of a licence under which the person may possess it.
So it is legal to posses them under the criminal code of Canada. Furthermore Airsoft weapons are not subject to the regulations governing firearms because they do not meet the definition of a firearm.

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

It is illegal to import, sell, transfer prohibited devices to another person if you do not posses the required licenses or permits to do so.

100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

(a) transferring it, whether or not for consideration, or

(b) offering to transfer it,

knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

So individuals that posses Airsoft weapons can not legally transfer the weapon to another person. Selling your used guns to someone else is an offence under the criminal code of Canada subject upon conviction of a sentence of up to 5 years.

Prohibited devices (airsoft weapons) can be transferred to a business licensed to sell prohibited devices which can then re-sell the items legally.




Now.. where it is illegal to posses prohibited devices is in the commitment of offences.

86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting

90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.



Summary:

Airsoft weapons meet the definition of replica firearms. Replica firearms are "prohibited devices" under the law. The criminal code of Canada excludes replica firearms from the prohibition for possession. The criminal code of Canada excludes replica firearms from the prohibition for transporting prohibited devices. The criminal code of Canada includes "imitation firearms" in the definitions of offences with respect to their use in the commission of an offense. The Criminal Code of Canada includes "imitation firearms" under the definition of items illegal to carry to a public meeting, or to carry concealed in public. It is illegal for owners of prohibited devices ( replica firearms ) to trade, sell or give them to any other person. Only businesses that are licensed to carry on trade in prohibited devices may receive, trade or sell them. Private trade in prohibited devices is a criminal offence.

Under the law airsoft weapons could be treated exactly the same as any other prohibited weapon, except you can own them and transport them without needing a license. If however you are found carrying them in public or use them in the commission of a crime there is no distinction between an airsoft pistol and any other "real steel" pistol. Consequently they should be treated as one would treat any other firearm, Transport them under lock, store them under lock, and only use them at approved ranges and fields.
No one is licensed to import replica firearms for sale to individuals. To do so places you at risk of criminal charges, and confiscation of your replica weapons if prosecuted.
The trade in Airsoft guns between licensed importers and individuals exists only because airsoft guns as a class of items have not be proscribed as catagoricaly being replicas. So they are traded under the assumption that they are "immitation" firearms and remain so until tested in a court of law on a case by case basis.




For more information visit the website of The Canadian Firearms Center at www.cfc-ccaf.gc.ca, The Firearms Act at laws.justice.gc.ca/en/F-11.6/, and the Criminal Code of Canada laws.justice.gc.ca/en/C-46/42061.html.

I feel so sorry for you guys. How muc does it change the price of guns?

I got some bad news...

USA airsoft gun price X3

So the dealers dont charge extra? Thats good. When I buy my P90 from the local shop I will feel lucky and shed a tear for you guys :D

looking at your sig pic...

you dont play with eye protection?

False, Clear bodied Airsoft guns are legal, to import individually :D

I just had a FN P90 imported from WGCshop to Poland. I did not even paid the customs fee. Seams they forgot to charge me :).

It was so cheap now since US $ are so weak right now.

There are no restrictions for Airsoft in Poland

Oh no we do. These were after game pics. Haha Yeah we sure do love our American Dollar!

i love how alot of people dont realize the canadian dollar isnt worth 76 cents american anymore lol

"$2.89 for a bottle of gatorade?! its like $1.80 in the states!"
"well you have to convert it to canadian"
I do the math in my head and it came out to $1.96 lol

but yeah, some people pay double, some people pay triple, some of us paid much less, depends who you know. What I'd like to know is how much you guys in the states pay for Systema PTW's

No one in the Airsoft scene in Utah has bought the Systema PTW yet but I'll ask my local shop how much it would be.

I recall at least one ruling made by the CITT in which they placed importance of resemblence in shape over resemblence in colour (or there lack of).

http://www.citt-tcce.gc.ca/appeals/d...e.asp#P95_7807

If I understand... because english is not my 1st language! It not legal to sold are used gun to an other person? You have to trade with a dealer!??

Time for this, I think.

http://www.airsoftcanada.com/showthread.php?t=23034

Normalement, on ne devrais PAS avoir le droit de vendre/acheter un airsoft de qui que ce soit au Canada. Meme d'une compagnie, meme d'un autre de nous.
Si on suit la loi a la lettre, tu as raison.

C'est pourquoi la discretion dans l'achat et ou on s'en sert est tres importante.

Oh man I took 3 years of french in Junior High/High School and I almost got that whole post! Is that why you have to be Age Verfied to sell and buy guns on here?

Yes, and I'll throw another twist in the saga of legalities.

Why are the Crosman pellet guns sold at sports stores nationwide not deemed replicas and therefore prohibited?

Well, that's an easy one. They have been around since long before this new law was created. They are obviously not toys and are sold and generally treated as weapons. They can and do cause serious bodily injury or death. Yet they can and do look exactly like their real counterpart. Now, there is no law that specifically excludes these guns from regulation as a replica, but the consensus amongst LE and the CBSA is that they are not and as such are treated as immune from the laws which can and do restrict airsoft guns. I mean, you can't really re-invent the wheel here. There are only so many ways you can make something to shoot projectiles that don't look like any real guns ever made.

You can't buy a fully automatic pellet gun in Canada that resembles an M4 or M16. That would be prohibited as it is select-fire. But semi-auto is just fine.

So, why prohibit airsoft? It's not dangerous, at least not as dangerous as a CO2 pellet gun. Yet the pellet gun is legal.

In Canada, we legalize the dangerous and prohibit the harmless. Now, if someone can show me even 1 small bit of logic that justifies this position, then you'll be my hero. And this doesn't apply just to airsoft guns. We have legalized medical marijuana, file-sharing and discrimination in Canada that are not only legal, but endorsed by government and courts alike.

Trying to do our part to prevent sales to minors. A step in the right direction somewhat.

mcguyver, there is no logic to our various gun laws. There never was any.

Brian,

Informative post - thanks for that.

The CFC seems to regard the acquisition of airsoft guns since December of 1998 as being expressly illegal. Therefore, what you noted in your article "Airsoft, and the Law" seems to hold true only for those who acquired guns before 1998? Thanks.

No, what Brian wrote holds true for airsoft after 1998 as well. The point is that the act of acquiring airsoft guns (as replicas) is made "illegal" in C-68, but the act of possessing them is explicitly permitted in the same bill. Those are two separate actions, even though they're are rather mutually dependent. If the judicial system ever comes after airsofters with the current laws, it'd be for trafficking, not possession (unless possession for the purpose of trafficking).

And only if airsoft guns are in fact listed expressly as replicas, which they currently aren't. This is THE ONLY LOOPHOLE in the law folks!!! If and when a specific gun becomes cited as a replica in case law, then it's prohibited. Period!

Currently (and thankfully) this has only happened to a handful of specific guns.

Wait, what McGuyver? The loophole is that airsoft guns as replica firearms aren't illegal to possess.

so the only loophole is the fact that airsoft is in the grey and not declared as a replica yes?

No, the only loophole is that airsoft fits the description of replica firearms and as such aren't illegal to possess.

The importance thing to realize here is that the inclination to legislate against airsoft is because airsoft guns resemble real guns, not because they can be used to shoot people in the eye. If airsoft were to be banned based on appearance, than so could all toy guns resembling real guns in Canada.

In case McGuyver's post on pellet guns haven't reduced the newcomers to tears yet, it's worth noting that it's illegal to import blowpipes.

How about reinforced straws?

I think CSBA will probably require you to prove at a CITT hearing that you need the extra structural integrity in order to suck eggs through the straw. :rolleyes:

I think I've been through something like that before, except it involved straps and I was blind folded.

No, the loophole is that airsoft guns are not explicitly declared as replicas, except for about a dozen or so SPECIFIC makes and models. That's why the CFC lists the "case by case" qualification in all their facts sheets, etc.

As Brian has said, replicas are illegal to possess (unless you can prove you bought it prior to Jan. 1/98), sell or otherwise traffic. There is absolutely nowhere in the CCC that states that airsoft guns, including make and model as required for real firearms, are in fact replicas. There is certain case law for certain guns, namely WA M92 and KSC MAC 11 to be specific. That's why you would need to be charged and have a judge or tribunal of the CITT to rule on the status of a SPECIFIC gun.

Whatever the CBSA states when they seize your gun is irrelevant. They do not write law, they only interpret it and make policies for their used based on their interpretations. You can fight them and win, but it is a long and expensive fight and hardly worth the effort for an individual who gets a $300 pistol seized. This inability for them to act outside the confines of a simple seizure is what allows us to keep purchasing from retailers without fear of having the RCMP knock on your door.

This is our only loophole and the only reason we still have a sport at all.

I think the major difference in interpretation between you and me just further highlight the ridiculous status quo. My interpretation is that according to the definition given for replica firearms in the CCC, it's basically impossible for airsoft guns to be classified as anything else. Ruling from the CITT supports my position, IMO, because of their overall track record of dismissing appeals based on resemblance first and foremost, ie. replica firearms. Every case I've read mentions brands and models only in reference to the issue of resemblence.

Why do we get guns through still and haven't had a general crackdown on all airsoft in Canada? IMHO, it's nothing to do with definition of airsoft as (or not as) replica firearms. I think it's because, one: to do so is a criminal court affair. If they hit airsoft, we can argue from a pretty strong position that they'd have to follow suit with all replica firearms in Canada, ex. every toy gun that changed hands since 1998. CITT like to argue that it's not a court of equity, I'd like to see the supreme court argue the same thing. If the police and courts come after us, whether we want to or not, all the aforementioned Crosman pellet gun silliness and even those dollar store cap guns can be dragged into a fight we haven't seen since C-68.

Secondly, very much related to the first, control of the importation and sale of replica firearm is highly dependent on successfully arguing legitimate purpose. It's easier for CITT to block importation because that's fairly limited compared to the criminal courts arguing that it's illegal to own anything that resemble real guns. That'll lead into the truely grand issue of whether we want to be a society that outlaws toy guns.

Interpretation is the key. It's not what the interpretation is, but who interprets and for what purpose.

Remember the 407 fps bullshit? Well, who's job was that to interpret and what did it really do? It protects Crosman and Daisy and their viable and large market for pellet guns. When we tried to use it, many had the door slammed in their face, quite literally.

And yet there are others very openly on this forum who argue that there is no problem at all. They've driven many guns across the border with the the blessing of the CBSA.

So, therein lies our problem. One agent in Vancouver can cripple airsoft importation on the west coast, while another one on the border in Ontario could care less.

I am not an airsofter. I wanted a realistic pistol to target shoot in my basement/backyard and so came across an on-line Canadian retailer. I ordered a KJW Beretta M9 Elite, all metal, gas blow-back model.

I subsequently started reading the posts on this site (because I thought that airsoft sounded really cool) and all of the controversy scared me out of my wits - I was afraid I had done something illegal. I emailed the local RCMP and they said they'd look into my concern. That was Monday - haven't heard back - gun comes this Tuesday. I have 48 hours to return the pistol when received. The retailer said he'd take it back...but I really don't want to if I don't have to.

I find it astounding that if truly illegal, an uninformed individual like myself can easily acquire a so-called 'illegal' firearm from a Canadian retailer and walk off into oblivion with it.

I could get myself a restricted firearms license, buy a real pistol and go down to the local shooting range...but still couldn't fiddle at home with a BB gun incapable of causing any real harm.

It just doesn't add up.

You can purchase Airsoft without a license.

It'd be more accurate to say that there's no licence that's really guaranteed to add legitimacy to your acquisition of airsoft guns.

Personally Zircarg, I'd enjoy your new GBB and forget about the law. Don't plink outside, don't let strangers know you have it, and it'll be a non-issue like it is for the vast majority of us.

Or that too...

still confused?
 

not surprising as it is that confusion that continues to allow us to purchase airsoft guns and use then responsibly.

The fact is that every airsoft gun would likely be found to be a replica if tested in court.

However this would not mean that everyone who also possessed that particular model would aslo be in possession of a replica... unless their specific gun was also tested.

So you pretty much have to commit a crime with your guns to end up having a replica firearm definition stick.

The existing laws do not restrict possession of airsoft guns at all because airsoft guns are not defined under the law as replicas

The definition of if any particular thing is proscribed under the law is a point of law that can only be defined by a court. In the case of many firearms, they have been defined spacifically by make and model as restricted or prohibited, so their definition is established.. and no longer a point of law..but a point of fact.

Such is not the case with airsoft guns.. their definition as a class of items is a point of law, not fact.. in the eyes of the criminal court.

Of course the CBSA takes the position that all airsoft guns are replicas.. but again this does not in fact make it so.. it is an interpritation that has been tested in court in matters of importation of airsoft guns and does not affect their subsequent disposition.

So we are in the confused position of having a single object that upon importation is defined as a replica firearm... but at the moment that is comes into the possession of the importer sheads this status.. and is again undefined and remains so until again under the scrutiny of the law.. at which point it must again be defined by a court in a case by case basis.

So where does that put us as owners and purchasers?

Firmly in the so called "grey zone" Although our possession of these articles is 100% legal regarless of how we came into possession and when (as long as we are 18 and not under a possesson restriction) even if they are defined in our case as replicas. It is the
how we came into possession that could be tricky... as long as the airsoft gun remains undefined then no laws are broken.. once a gun becomes defined then everyone in the chain of possession has illegally transfered a prohibited device.

So here is the worst case scenario.

Importer A brings a gun in.. at the moment of import it is a replica. as CBSA says it is ( and has upheld enough challenges that importers agree to be bound by this definition despite it not applying as a class to all airsoft guns)
The retailer subsequently sells the gun as "an airsoft gun" to an individual who now possesses the gun legally. This person then sells the gun to a stranger.. who uses his new GLOCK to hold up a gas station.. and gets caught.. and charged with the use of a replica in a crime.. the airsoft glock is compaired to a real one and found to meet the test of being a replica.

at this point every transfer of that particular gun just became illegal and a chargeable offense of illegal transfer of a prohibited device is provable. so now instead of buying an airsoft gun from a retailer who legally imported it you purchased a replica firearm illegally, and subsequently sold a replica firearm illegaly and could be charged with 2 criminal offenses that could result in prison terms of up to 10 years.

However this does not mean that your buddy who also purchased an airsoft gun from the same retailer is in possession of a replica because his gun has not been proven to be a replica. His gun remains a legally aquired and possessed airsof gun.

This should also indicate why there are so few retailers... would you want to take the risk of selling these things to stangers knowing that every sale could potentially end up with you defending yourself from criminal charges and possibly going to jail for a $300 gun that you make $100 on?

Why does this thread exist? There's a better one stickied in General Discussion.

Because no one bothers to read it

Wouldn't the worst case scenario be the courts realizing that "airsoft" is a viable subcategory to add to replica firearms? I've got a hard time seeing them going on a model-per-model basis with this.

the first rule of airsoft club is, you dont talk about airsoft club. the second rule of airsoft club is, you dont talk about airsoft club. lol

http://img205.imageshack.us/img205/1...densayshk4.jpg

YOU ARE NOT YOUR $3,000 PTW.

and third rule is read rule 1!!! LOL

And this is why crossman come with clearsoft!! Because there clear, person can t tell it a real gun!!

I suggest from now we all paint are gun in pink to play skirmish game!! So there will be no trouble at all!

;)

Their's never been any trouble during a game with the law.

We have. Many stores have been raided/shut down. Why do you think there is only 2 retailers in Canada, who have limited stock available?

If the gun resembles a real gun in size and color it is concidered a replica. The clear soft guns may look like a real gun but being made of clear plastic it's not concidered as a replica. I had a conversation with a ploice officer from Oshawa reguarding non guns(replicas) and he told me that it wasn't an illegal item unless it was used in the commision of a crime yet firearms canada says different. So I guess it is best to go by firearms canada

The cop on the street is the one you need to be mindful of. A bureaucratic-pencil-pusher in Ottawa is the last guy that concerns me in the chain of enforcement hierarchy. They only consult the cubicle-rats when they have no idea, but odds are they do already.

I guess it comes down to the opinion of the officer at the time.

I was speaking of the Canadian state as a whole, not just what the CBSA has done. The CBSA is a slap on a wrist compared to how far the current laws allow the government to prosecute imitation firearms owners if they wanted to.

You're talking about the RCMP then. OK, but that's exactly what I meant.
?

My guns are already pink enough.

Not exactly. The CBSA's efforts in coming after airsoft retailers has been an incomplete effort in the bigger picture. The stores that were raided were all in the west, while importation across Canada were further restricted, but not uniformly so. They've really inconvinenced airsoft, but stopped well short of killing it.

However, CSBA could've (with the blessing of the law) hit every store in Canada that carried imitation firearms (airsoft or not), and completely stopped legal importation all together. They haven't. The police could've gone and setup a sting here at ASC for illegal trafficking and confiscated every Crosman they can find, they haven't. This is because both agencies have their own internal policy how to interpret and execute parts of CCC and CFA sections they're responsible for at this time. If the federal government choose to realign the policy of its subordinate agencies to one of the strictest interpretation of the law, that'd be what I mean by crackdown. Both the CBSA and the police with the blessing of the government coming to shutdown the sport, not just to prosecute a few retailers.

[QUOTE=The Saint;531297]

However, CSBA could've (with the blessing of the law) hit every store in Canada that carried imitation firearms (airsoft or not), and completely stopped legal importation all together. They haven't. QUOTE]

The CSBA does not have the authority to enforce ANY law or regulation beyond that relating to import and export. If anything, the RCMP would have to raid retailers violating any other law.

The CSBA could stop the importation of imitation firearms, but cant do anything about it once it crosses the border and is in the hands of the citizen.

DUDE, the CBSA does NOT do that. It's the RCMP. You don't seem to get that.

I'm going by this thread.

Sigh of relief.

I finally got to speak with an RCMP officer about the Beretta Elite I ordered. The officer reviewed the Firearms Act and agreed it was unclear. We discussed the issues at length and in the end, I was told there is no concern re: criminal code and as long as I use the gun responsibly, there's no problem with me possesing and using the pistol.

I believe that the officer was comfortable with me because I took the time to investigate the issue, openly express my concern, and demonstrate that I am responsible and not attempting to hide anything.

This is key. I think that as long as we can all demonstrate responsibility, ownership and use of airsoft guns will be a non-issue.

It was the CBSA that carried out that raid, as the items raided were reputed to have been illegally imported. They may involve the RCMP if they need muscle, but they are within thier jurisdiction to seize evidence of illegal importation of prohibited devices.

You haven't been here long enough Styrak to know all that went down. This has happened before and will happen again.

Thats what 99% of us do. But once in awhile a jackass/dumbass/shithead will do something really stupid with a airsoft/clearsoft gun and we all take the hit. Is that fair? No. But life isn't fair...

I remeber going out to Vancouver to christmas a few years ago, and I decided to hit up a few of the shops I knew that carried airsoft, and to my surprise, they were either out of stock or closed down. I spoke to one gentlemen, the clerk behind the counter at the one army surplus store in Vancouver, I cant remeber the name of it, but its the one Betweek Clark and Comercial drive on broadway. He had stated that the RCMP had raided many of the retailers in town that carried airsoft. Now he didnt state that the CBSA was envolved but I could really see them backing something like that.

I took a trip to Vancouver like.. a year ago, I visited a camoflague clothing shop.. I noticed that they had M4's hanging on the wall... So I assumed they were airsoft and asked the sales person behind the counter... I got a long schpeal on how they got raided and those AEG's are only Wall hanger and not functional anymore and blah blah blah...

Thats the one granville street like a block down from Robson right?
Theyve had those things up there for years, some of their prices for clothing arnt bad though.