Once and for all, is it legal to buy airsoft from Canadian Retailers?

[pancakedestroyer]

Just to throw this out there....directly from the criminal code.

Subsection 84(1) of the Criminal Code defines a “replica firearm” as follows:

“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”.


You will not find this in the criminal code, go ahead and look for it.

"An airsoft gun, firing a .20g 6mm plastic pellet with a muzzle velocity below 111.6 m/s (366 fps), and resembling with near precision an existing make and model of a firearm, other than an antique firearm, is a replica firearm and therefore a prohibited device."

Link to the criminal code.
http://www.canlii.org/en/ca/laws/sta...c-c-46/latest/

[Debrief]

Airsoft guns are devices that have a low muzzle velocity and muzzle energy, and usually discharge projectiles made out of a substance such as plastic or wax rather than metal. An airsoft gun, firing a .20g 6mm plastic pellet, with a muzzle velocity below 111.6 m/s (366 fps), and resembling with near precision an existing make and model of a firearm, other than an antique firearm, is a replica firearm and therefore a prohibited device.

Replica firearms are prohibited devices in Canada.

From the Criminal Code:

“prohibited device” means

(e) a replica firearm;

I don't see what there is left to argue about.

[venture]

Those are interpretations by the RCMP. Check the actual acts and codes for definition of replica.

[Reaver_RRTS]

Airsoft guns are classified as 'unrestricted firearms' not 'replicas' by the RCMP though aren't they? Last I checked anyway. So long as they fall within the FPS limits.

[MultipleParadox]

I would tend to assume that Interpretation done by the RCMP is going to be much more accurate and have much more weight in court than any of us weekend-lawyer-wannabe though ... just saying

[Reaver_RRTS]

Originally Posted by MultipleParadox

I would tend to assume that Interpretation done by the RCMP is going to be much more accurate and have much more weight in court than any of us weekend-lawyer-wannabe though ... just saying

I concur! Quite! :P

[fapants2]

Thanks for the replies.

With respect, basically Im hearing: "take a chill pill brah! We cool ma man". I don't know if it cuts it with the law though. I just want to know for sure in terms of the legal lettering. Like someone else said, its not impossible for an overzealous prosecutor to throw the book at you.

As for airsoft being available @ Canadian retailers with many people owning airsoft themselves? That says nothing really. I mean, lots of illegal activities go on everyday. For example, illicit drugs are obviously outlawed yet people can have access to them and use them, e.g Mayor Ford. So just because some activity goes on doesnt make it ok with respect to the lettering of the law. Its just that law enforcement have other more important things to deal with than to go chasing small potato stuff.

Not a lawyer but my understanding from reading all the lettering of the Criminal Code, is that some lines are pretty blurry. My take away is that it does not explicitly state you are breaking the law if you acquire a prohibited device. It does say that you are breaking the law if you sell prohibited devices. It does have lettering that indicates potentially that possession of prohibited devices "at any place" is illegal also, which will make possession in general illegal. Keep in mind this seems to be contrary to the advice from the RCMP info, where in it they seem to indicate that you are simply not allowed to acquire or possess new airsoft after 1998 period. But my contention is that its probably a wording issue and relates to border control problems, not a domestic criminal code issue.

Let me be more specific:

Possession of prohibited or restricted firearm with ammunition

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

(a) an authorization or a licence under which the person may possess the firearm in that place; and

(b) the registration certificate for the firearm.
Marginal note:Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and

(ii) in the case of a second or subsequent offence, five years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
Marginal note:Exception

(3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.

You can't get a license for a prohibited firearm. Hence without license its illegal to own with ammunition nearby. In airsoft terms, it could mean keep your BBs away from your AEG or GBB because if they are near or loaded in, you may be breaking the law. Prohibited firearm, has most of the lettering that suggests its a real gun basically, discharging "25 or 32 cartridge" or some kind of sawed off gun, but the final lettering defining a prohibited firearm states "(d) any firearm that is prescribed to be a prohibited firearm;" This seems a generic lettering of the law and open to anything basically. So basically, a prosecutor can go, oh yeah I got an expert who can testify that your specific make of or your specific airsoft will be hereby classified as a prohibited firearm for the purposes of the hearing, then it will fall under prohibited firearm status, and thus now your ownership of said device "at any place" is illegal.

Now, other than that, I don't see any lettering discussing it being an illegal activity to acquire or possess "prohibited devices", other than the contention stated above. But, selling airsoft, aka selling prohibited devices, is very clearly against the law. This includes the importation which is obviously strictly illegal.

Transfer without authority

101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
Marginal note:Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

In the above, it says that it is illegal to "transfer" a prohibited device. "Transfer" according to legal definition is: "sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver.". Normally, my understanding is transfer is often used in conjunction with a will to sell. Basically trafficking. But "transfer" on its own, includes definition thats says "transport". So basically, walking around with your own airsoft between games or to your new house while moving, may constitute the act of transferring a prohibited device, which is illegal as state above.



So ok, this is all just my mumble jumble and my non-lawyer understanding of the lettering of the law. Lets look at real cases.

Now some people were saying it is legal to sell, "no duh because its been happening for along time brah!!". Well, read Regina vs Walsch (http://www.canlii.org/en/bc/bcsc/doc...lyc29mdAAAAAAB).

So its illegal to sell, or import, or assist with import. What about owning? Well, I found this in Regina vs Wong (http://www.canlii.org/en/bc/bcpc/doc...lyc29mdAAAAAAB). Let me quote specifically what the legal argument was regarding possession:

the offender was, at best, wilfully blind about who he sold the Replicas to and what the Replicas would be used for. He never asked his customers whether they had a permit to lawfully possess the Replicas. He never asked whether the Replicas were going to be used for theatrical productions. The efforts he made to screen his customers were ineffective and self-serving at best;

You can possess replicas legally, only if you hold a license for use in motion pictures. Thats it. There is no airsoft recreation license or anything. So basically, the court says, as used in this argument, that nobody is allowed to posses basically unless used for motion pictures.



So, basically from what I am reading, my understanding is this:

(1) Not allowed to sell. Period.
(2) Not allowed to import. Period.
(3) Possibly not allowed to "transfer".
(4) Possibly not allowed to possess with nearby BBs (the ammo), if it can be deemed your airsoft is a 'prohibited firearm'.
(5) No wording with respect to the act of acquiring (buying). Which means its not illegal (which is not to say it means its legal).

So buying may be ok. Possession a little dicey in some cases. Transfer is dicey. Selling and import is stirctly no go. Finally, here is the part from the RCMP that I am sure we've all seen hundreds of times already:

Although replica firearms are prohibited, individuals may keep those they owned on December 1, 1998. It is not necessary to have a licence to possess them, and they do not need to be registered. However, an individual cannot import or acquire a replica firearm.

The above seems to suggest based on its interpretation that you cant even posses or acquire it. Hence the topic of my post. It seems according to the criminal code, there is nothing about acquiring. There is potentially a twist of words with respect to possession.

But after all is said and done, as someone mentioned, they are law enforcement. They interpret the law a certain way and they enforce it a certain way, then its left to the legal system. So its not impossible for you to be thrown into the system first, and asked questions later because that is how they will enforce the law based on their interpretation. Even though, the Criminal Code does not explicitly rule anything about the act of 'acquiring'.

[Reaver_RRTS]

Yes, illegal crap happens everyday. However, Airsoft is not illegal. it is not illegal to own, or use, an airsoft gun at any age, however by LAW you cannot purchase an airsoft gun unless you are 18 or older. Within Canada, across Canada, any retailer can import (within the above stated laws, regulations, etc) an airsoft gun from wholesalers, store, transport, and sell said airsoft guns to ANYONE. You do not need a license to own an airsoft gun. You do not need a license to buy an airsoft gun. What you need is to be born no later than 1994 at minimum. Just be of 18 years old or more, and you are FREE to purchase ANY airsoft gun, pistol, shotgun, sniper rifle, helmet, doodad, doohickey, whatchamacallit and thingamajig INSIDE Canada, and SOMETIMES outside of Canada but with much greater risk as they can be seized and destroyed at your expense. Hence why we've been saying to buy your guns inside Canada all day.

Forget all the crap from the criminal code and shit. Just look at this next sentence and understand THAT AIRSOFT IS 100% LEGAL TO OWN WITHIN CANADA'S BORDERS, AND THE ONLY RESTRICTIONS ARE THE IMPORTATION OF CERTAIN ITEMS REGARDING AIRSOFT WHICH USUALLY INCLUDE MOST RECEIVERS, FRAMES, FULL GUNS, AND SOMETIMES CERTAIN ACCESSORIES. In other words, BUY LOCAL.

You don't need a license, you're not going to be hunting deer or rabbit with it. Well you can, but then that's stupidity and animal cruelty since it won't kill them.

For actually possessing, if you're not at a registered airsoft field and you're waving your airsoft gun around in public and people call the cops, yes you will be treated as though armed with a real weapon. So don't be a fool and cover your tool! Gun bag, case, guitar bag, whatever, as long as the gun is fully encased for public transport. I have a buddy who got taken down at gun point for walking in public with a paintball gun in a plastic bag. The damned thing didn't look anything like a real gun, I would know it was MY paintball gun, but they don't take chances when it comes to public safety. ANYTHING else, sir? XD

[BloodSport]

Put it this way, Canadian Tire, WalMart, Etc are all huge national chain stores. They have lawyers who pour over all laws and such regarding Airsoft, real steel and so on every day to ensure what they are selling is legal to sell. They still sell Airsoft so enough with yet another "oh my god is this legal" bullshit thread. Use some common sense people. For FSAKES!!!