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-   -   Replica or Not? (https://airsoftcanada.com/showthread.php?t=51324)

Ronan January 24th, 2008 21:24

Replica or Not?
 
I'm really wondering something... will the following AEG make it through customs... i don't see how it can be categories as a 'replica'. Anyone have past experience with this one:

http://www.uncompany.com/pageproduct...sp?prodid=2956

Thank You.

Edit: I know theirs always the chance it gets taken and destroyed but what i'm looking for is actual facts or educated guesses please.

Styrak January 24th, 2008 21:28

If it looks like a gun, it'll get seized. Search "Seburo" on these forums.

The Saint January 24th, 2008 21:29

This would be a fairly iffy one to argue your case for, because CBSA (or rather, CITT) can say that it was originally built out of a Thompson SMG, which is a real gun. And technically, there's still a M1A1 underneath there.

Ronan January 24th, 2008 21:29

Quote:

Originally Posted by Styrak (Post 624201)
If it looks like a gun, it'll get seized. Search "Seburo" on these forums.

Thanks Styrak i see that customs have a hard on for even scifi looking toys.

In the quick search for 'Seburo' i have seen that even if you buy ONLY the 'model kit' with no 'guns/aeg/replica' they get seize. A bit hardcore if i may say...

Sha Do January 24th, 2008 21:30

The real only problem is that Canada Customs will grab anything that has a trigger and barrel, regardless if it's real steel or not.....
Other than that, we're usually ok.....unfortunatly.

SHA DO

The Saint January 24th, 2008 21:31

I think some of the Seburo seizures had a fairly good chance to be successfully contested with competent legal representation. The M41, not so much.

Ronan January 24th, 2008 21:32

Quote:

Originally Posted by Sha Do (Post 624206)
The real only problem is that Canada Customs will grab anything that has a trigger and barrel, regardless if it's real steel or not.....
Other than that, we're usually ok.....unfortunatly.

SHA DO

Thats a very good way to put it.

Nervikaire January 24th, 2008 21:33

Fact is, people had these conversion kits stopped at customs.

You could always defend yourself saying it's a movie collectible/memorabilia that has no real life counterpart. Don't know if that would be enough, but I do believe that if you explain yourself in a polite manner, you would get away with it. I don't see this gun being more of a replica than a regular paintball marker...

KnifeWound January 24th, 2008 21:36

Canada Border Services Agency
http://www.cbsa-asfc.gc.ca/publicati...f5044-eng.html

RCMP/Candian Firarms Center
http://www.cfc-cafc.gc.ca/factsheets/replica_e.asp

Hell, call and ask CFC. Couldn't hurt.
1-800-731-4000 (8:30am - 8:30pm EST)

The Saint January 24th, 2008 21:37

Individual customs agents have said all sorts of things to imply a balanced approach to classifying replica firearms, while CBSA's track record as an organization clearly shows a much more ridiculously inclusive approach.

Ronan January 24th, 2008 21:40

Quote:

Originally Posted by The Saint (Post 624217)
Individual customs agents have said all sorts of things to imply a balanced approach to classifying replica firearms, while CBSA's track record as an organization clearly shows a much more ridiculously inclusive approach.

Agreed. Unless its black on white + signed what they tell you is worthless.

hattrick January 24th, 2008 21:42

amos999 had to order his through a retailer, pm him for details he knows FOR SURE.


a-ex

ThunderCactus January 24th, 2008 22:57

Like they've stated, the fact that it looks like a gun means it'll get seized, you could probably fight your way out of it, but it's cheaper to get someone else to import it.

Hk-GUY January 27th, 2008 05:23

Just get a border friend to run it accross in multipule parts.

Drache January 27th, 2008 11:48

13. The following are examples of devices that could be considered replica firearms:

(a) Generally, toy or model guns and starter pistols do not qualify to be considered as firearms; however, some toy or model guns and starter pistols may be designed with a very realistic mechanism or appearance (e.g., colour, size). For example, the action of a toy or model gun may cycle in a way similar to a real firearm, the cylinder of a model revolver may rotate, or the slide of a model automatic pistol may move once the trigger is pulled. In these cases, they are considered replica firearms even if they are made of plastic, die-cast zinc, or other material.

(b) The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. Virtually, all air guns are firearms, as they meet the definition of a firearm in section 2 of the Criminal Code. When the muzzle velocity of an air gun exceeds 152.4 m per second (500 FPS), it is considered a firearm and must meet the licensing, registration, and transportation requirements of the Firearms Act.

(c) When the muzzle velocity of an air gun is less than 152.4 m per second (500 FPS), it is still considered to be a firearm, but is exempt from the licensing, registration, and transportation requirements of the Firearms Act. Such air guns are exempted only from certain provisions that can be found in section 84(3) of the Criminal Code.

Note: A firearm whether exempted or not by virtue of subsection 84(3) of the Criminal Code, cannot be a replica firearm since the definition of replica firearm is found in subsection 84(1) of the Criminal Code, and, thus is not one of the exempted sections.

Air Soft Guns
14. Most air soft guns are considered replica firearm as defined in subsection 84(1) of the Criminal Code. They are clearly designed not only to resemble a firearm with near precision but also to resemble a specific and readily identifiable make and model of firearm. Due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, air soft guns are replica firearms.


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