Is it Illegal for a Minor to POSSESS an Airsoft Gun in Canada?

[dodger_me]

^thats what i mean, they would seize it and give to the cops so they can charge you then go melt it into popcans

[88dechmustang]

or keep em and go play airsoft hahahhahahaha

[twsmith]

That happened to a guy shipping from Vancouver to PG last year. For some reason it was turned over to the RCMP. He contacted the officer and the pistol was returned to him.

Originally Posted by 88dechmustang

they dont seize them they just hand em over to the police and they deal with them

[Greylocks]

The last court cases (in Ontario) were for the store at Pacific Mall that got accused.

The legal ruling, which was crossposted here and may still be somewhere, considered Airsoft as Replica guns. This means that unless something better comes along, or that court ruling gets overturned, airsoft = replicas in Court.

So, based on that Court decision, the only thing we can use are the laws relating to Replicas and they are fairly clear. You cant buy one if you are under 18, and you also cant own one if you are under 18. (Having the right to buy it, or acquire it, means you have the right to own it. If buying / acquiring requires 18 with no further restrictions like permits, then the same applies to owning since you must do one before being able to do the second).

You can use one IF under the direct supervision of the legal owner, and IF the place you use them is also authorized for such (and allows minors, but that's a field by field decision with some provincial rules and bylaws thrown in).

That's how it stands, and I can also stand corrected if there was a new court ruling to overturn that decision. Until then, that's what I personally stick by.

[The Saint]

Well, I'm glad ILLusion forced the issue, I've just been going along with the whole 18+ thing even though I knew there was no legal basis for it outside of Ontario. Does that make me a bad person? Beats me, I was just highly uncomfortable with the idea of kids that go to pieces just on internet forums freely buying replica firearms.

This is why I was so keen on the idea of a Canada-wide bylaw or law on imitation firearm in that last "Hey Let's Do Something XXXXXXIV: The Search for Anything and Everything" thread. I don't think most kids should be able to freely buy airguns and paintball markers, either. They'll put their (or worse, someone else's) eye out. And they have.

Anyways, so now what? Do we go back to business as usual, or do we actually reflect this in our posts?

[trufret]

As long as Mark and Ken don't sell to anyone under 18 and the age verification system is in place for the classifieds there really isn't much we can do to prevent smuggling or private exchange. The vast majority of public game hosts require 18+ anyway so really nothing has changed.

[ProbeJax]

So the conclusion is "No, it's not illegal for someone under 18 to own an airsoft gun."

EDIT: And I didn't mention buying it.

[Brit ter]

But the new question is ? are minors still allowed to paticipate and purchase airsoft here ?

[ChiefInTrees]

Originally Posted by Brit ter

But the new question is ? are minors still allowed to paticipate and purchase airsoft here ?

Well, the community can set its own rules above and beyond what the law is.

[The Saint]

Originally Posted by ProbeJax

So the conclusion is "No, it's not illegal for someone under 18 to own an airsoft gun."

No, not exactly.

It is not illegal for someone under 18 to buy imitation firearm outside of Ontario.

It is not illegal to sell imitation firearm to someone under 18 outside of Ontario.

It is not illegal for someone under 18 to buy imitation firearm inside of Ontario.

It is illegal to sell imitation firearm to someone under 18 inside of Ontario.

It is illegal to acquire, transfer and/or destroy replica firearms without the proper permits and/or notification of firearm enforcement officers, regardless of age.

It is not illegal to own imitation firearm and replica firearm, regardless of age.

[ProbeJax]

So..outside of Ontario, with regards to owning replicas, it's pretty much everyone gets them, or no one gets them. That means it could be seen as everyone breaking the law, or no one breaking the law.

[mcguyver]

Originally Posted by ProbeJax

So..outside of Ontario, with regards to owning replicas, it's pretty much everyone gets them, or no one gets them. That means it could be seen as everyone breaking the law, or no one breaking the law.

No. Outside of Ontario, it's up to the laws of a different province. Not everything in Canada revolves around Ontario.

[Shirley]

As for what mcguyver got

From the CFC Fact Sheet for Airguns:

Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.

The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.


Just because you need to be 18 and over to buy an airsoft, it doesn't say in the sheet you need to be a certain age to possess one. Why are you guys trying to make your own rule saying you can't.
IMO, I think the reason why they didn't put the age down is because they would probably have to go through each and every province?

[Greylocks]

Originally Posted by ProbeJax

So the conclusion is "No, it's not illegal for someone under 18 to own an airsoft gun."

EDIT: And I didn't mention buying it.

Depends. If you follow the Court ruling (which has power behind it), you will put 2+2 together.

Airsoft = Replica.
Replica = Prohibited Device.

Requirement to have in your possession OR buy a Prohibited device is to be 18+, buy it, own it, and only let it be used under your direct supervision.

If you are under 18, you cannot own a Prohibited Device last I checked. This may have changed but I doubt it. Someone here would have noticed.

You CAN use one IF the owner is right there supervising you and IF the place where it's being used allows people under 18 (that's an insurance matter for the field owner). That applies to any Prohibited Device.

I wish they would make it clear that this is the way Airsoft are seen, but for now, as said, I'll follow what the Court ruled. Unless I misread it, Airsoft are also classified as Prohibited devices by Customs, so that pretty much nails it down if you put everything together.

Laws regarding airguns (many of which are quoted) dont apply to airsoft.

[kuchervano]

Originally Posted by Greylocks

If you are under 18, you cannot own a Prohibited Device last I checked.

Please share with us where you checked that.


2Styrak - I'm still lolwut'ing over here.