Air Guns and Air Soft Guns

Air guns with a velocity of less than 500 feet per second are not considered firearms for licensing and registration purposes. For most other purposes, however, these air guns are considered to be firearms rather than replicas if their projectiles can cause serious injuries. Air guns that look like real firearms but that cannot cause serious injury fit the definition of a replica. In some cases, ballistic studies may be necessary to determine if a particular air gun can cause serious injury.

Some devices commonly known as "air soft" guns may qualify as replica firearms. For example, following a thorough assessment and a review of ballistic studies, the Chief Scientist for Firearms at the RCMP's Central Forensic Laboratory has determined that a line of electric guns, spring guns and gas-powered guns produced by the Tokyo Marui company are replica firearms because:

* They closely resemble real firearms in size, colour, appearance and configuration, and
* The projectiles that they fire are not likely to cause serious bodily injury.

Again, various makes and models may have to be assessed on a case-by-case basis.


3. Air guns that are replica firearms

These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.

In particular, some air guns that are commonly called air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal or lead.

Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a licence to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in.

The Criminal Code sets out some penalties for using a replica firearm or any other imitation firearm to commit a crime.

The Canada Firearms Centre (CAFC) receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape and size, but it is made of clear or brightly coloured plastic, or is much smaller in size.

Many of these devices have to be assessed on a case-by-case basis. As a general rule, however, those made out of clear plastic and those that are significantly smaller than the real version are not classified as replicas. Brightly coloured paint does not necessarily exclude a device from the definition of a replica. If you have questions about a particular make and model of air gun you may contact a firearms technician by calling 1 800 731-4000, ext 1060.

4. Air guns that are neither firearms nor replicas

These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child’s toy.

Like replicas, they generally fall within the definition of an “imitation firearm” and are subject to some penalties under the Criminal Code if used to commit a crime.