Originally Posted by DarkDream
"I called the CFC again this morning for additional information. The technician gave me permission to share his letter which I've copied below. He also confirmed they did indeed do tests with pig's eyes to determine at what level an airsoft gun was capable of "causing serious bodily harm" and therefore were firearms under the CC. That is where the 366fps come from and is the distinguishing point between two similar looking devices: one is a prohibited replica and one is an unregulated firearm.
"Good Afternoon,
in reference to our earlier discussion:
Airsoft, BB/Pellet, and paintball guns have 3 possible classifications.
1. “Exempt” firearm. An Exempt firearm is one which meets the CC 2 firearm definition, however does not require licensing or registration in accordance with CC 84(3) (d).
2. CC 2 “Firearm”. Which refers to a firearm which meets the CC 2 firearm definition, however does not meet the CC 84(3) (d) exemption.
3. Replica Firearm. Which does not meet the CC2 definition, and is therefore a prohibited device in Canada.
Brief Explanation
CC 2 "firearm" States:
“ "firearm" means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm; ”
Any airsoft product capable of achieving a velocity of (current standard) 366 fps with a 6mm, 0.20 gm pellet is capable of causing serious bodily injury to a person, and therefore qualifies as a CC 2 “Firearm”. As such, these airsoft guns are in fact firearms.
These numbers were arrived at through Laboratory testing to determine at which point the projectile would most likely puncture a human eye.
Now, to further complicate the issue:
CC 84(3) (d) States:
“(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.”
Sections 91-95, Deal with firearms licensing and registration requirements.
Sections 99-101, Deal with weapons trafficking offences.
Sections 103-107, Deal with Illegal Importation of firearms (i.e. import without a license).
Section 117.03; Deals with the failure to produce a proper license when required.
In essence, any “firearm” which propels a projectile at a muzzle velocity greater than 152.4 m/s (500fps) with a muzzle energy exceeding 5.7 J must be registered, and requires a PAL (Possession and Acquisition License) to obtain. As many of these airsoft guns, paintball guns, and some bb and pellet guns do not meet the velocity or muzzle energy requirements to require registration or licensing of the owner. They are accorded the “exempt firearm” status as in exempt from licensing and registration.
Replica Firearms:
A replica firearm, quite simply does not meet the CC2 definition of a firearm, however may look and feel identical to a known firearm. In other words to be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm, yet by design be unable to discharge a projectile which is capable of causing severe bodily injury or death.
Hope this Helps,
Mike
Michael Bartlett
Firearms Technologist
Specialized Firearms Support Services (SFSS)
Ottawa Ontario K1A 0R2
Tel: 1-800-731-4000 (ext . 1090)
Fax: 613-993-5548""
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March 24th, 2018, 09:29
