Airsoft and Canadian Law - Important Readme for New Folks (cleaned)

[Kedirkin]

Questions and Answers: The Current Status of Airsoft Guns in Canada

Q: Is airsoft legal in Canada?

A: Yes. However, there is ongoing concern over the status of airsoft guns in Canada with specific reference to airsoft guns and broad statements by some agencies of the Federal Government that airsoft guns are replica firearms.

Q: Why does it say that airsoft guns are replica firearms under the current Firearms Act on the Canadian Firearms Centre website?

A: The website reference in question does not accurately reflect the existing Firearms Act and its related regulations.

The website statement also contradicts spoken and written statements by the Canadian Firearms Centre (CFC) that airsoft guns are not replica firearms; other spoken and written statements by the CFC reflect the exact opposite position.

The CFC has indicated that current policies regarding the classification and treatment of airsoft guns are not achieving the desired effect, and clarification is being sought on the status of airsoft guns.

The direction of this clarification is not yet known. That decision will be made by the Minister of Justice based on advice from the Commissioner of Firearms, the Royal Canadian Mounted Police (RCMP) and the Policy Consultation Directorate for the CFC. The effect of such a clarification will also extend to other agencies of various governments, such as the Canada Customs and Revenue Agency (CCRA) and the provincial governments of Canada.

There has been no change in legislation or regulations with respect to firearms, airsoft or otherwise, since Royal Assent of Bill C-10(A), which contained amendments to the current Firearms Act prescribing joule limits on the definition of a firearm in addition to existing velocity limits originally set out in the Firearms Act.

Under the current Firearms Act, a replica firearm is defined as:

“(Criminal code sec. 84 (1)) "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;�

However, airsoft guns are fire projectiles capable of breaking the skin and causing significant injury to an unprotected eye, which would result in permanent blindness.

The inability to cause bodily harm is an additional pre-requisite for the categorization of a replica firearm, as stated in regulations.

The CFC has now given policy direction in the form of a Fact Sheet issued February 10, 2004, that they consider the penetration of skin or an eye as a serious bodily injury.

The significance of this new policy direction is clarified within the Criminal Code of Canada Sec. 2, where a firearm is defined as:

“a barreled 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 barreled weapon and anything that can be adapted for use as a firearm;�

According to this definition, an airsoft gun is now a firearm, as it fires a projectile.

However, the confusion does not end there. Subsection 84(3 d) of the Criminal Code of Canada 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 barreled 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

(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second.�

This subsection applies to airsoft guns, as their velocities are below the prescribed maximum threshold for velocity and the prescribed maximum threshold for energy, the latter laid out in amendments to the Firearms Act contained in Bill C-10(A).

In practice, the application of that limit is open to significant interpretation by law enforcement officers, CCRA officers, RCMP technicians and CFC officials.

As a result, there continues to be no specific definition for airsoft guns under existing legislation and regulation.

Further clarification on these points is reflected in the options paper prepared by the Airsoft Initiative entitled, “Airsoft in Canada: Partnership Through Accountability.�

Q: Have things changed?

A: Yes, but not from a legal standpoint. With the support of members within the Canadian Airsoft Community, we have received replies in response to our letter of contact to the CFC sent July 24, 2003, and our options paper entitled “Airsoft in Canada: Partnership Through Accountability� sent to the Commissioner of Firearms on September 25, 2003.

In these replies, the Commissioner of Firearms has indicated that a further policy decision on the status of airsoft guns in Canada will be addressed by the Criminal Law Policy and Community Justice Branch at the Department of Justice.

A fact sheet from the CFC issued February 10, 2004, has confirmed that the CFC considers the penetration of skin or an eye as a serious bodily injury. This new policy from the CFC's fact sheet would seem to reflect the options paper we submitted to the Commissioner of Firearms on September 25, 2003, particularly our contention that many airsoft guns are capable of causing significant bodily harm, and they are not designated as replica firearms under existing legislation.

Q: What is the current status of airsoft guns with respect to legislation?

A: There has been no change in legislation or regulations with respect to firearms, airsoft or otherwise, since Royal Assent of Bill C-10(A), which contained amendments to the current Firearms Act prescribing joule limits on the definition of a firearm in addition to existing velocity limits originally set out in the Firearms Act.

Q: What is the current status of airsoft guns with respect to policy?

A: The CFC has indicated that current policies regarding the classification and treatment of airsoft guns are not achieving the desired effect, and clarification is being sought on the status of airsoft guns.

The direction of this clarification is not yet known. That decision will be made by the Minister of Justice based on advice from the Commissioner of Firearms, the RCMP and the Policy Consultation Directorate for the CFC. The effect of such a clarification will also extend to other agencies of various governments, such as the CCRA and the provincial governments of Canada.

The Northwest Region of the CFC is the regional office tasked with the analysis and policy work that will be carried forward to the Commissioner of Firearms, and by extension, the Minister of Justice and the Solicitor General. The Commissioner of Firearms has also requested that the Criminal Law Policy and Community Justice Branch at the Department of Justice give consideration to the matter.

Q: What is the difference between policy and legislation?

A: Legislation refers to an act of parliament passed into law. These acts, such as the Canadian Firearms Act, have force in law. Legislation in Canada can lay out definitions, restrictions and penalties under the law, most often the Criminal Code of Canada. Furthermore, legislation can prescribe abilities for a Minister of the Federal Government to create regulations and orders in council, which also have force in law.

A regulation is a delegated or subordinate legal instrument made by the authority of legislation passed by the Legislature and controlled by a Minister responsible for the overall area. Like acts, regulations are legal instruments that have force in law.

An order in council is an instrument used to exercise power that the Legislative Assembly has delegated to Cabinet, most often a single Minister. The delegation of power occurs through legislation so that decisions may be made without returning to the Legislature.

A policy is an interpretation of an existing legal instrument, (e.g. an act, regulation or order in council), usually made by a division of the public service. Policies may or may not have direction from the Minister responsible for the area. Policies do not have legal force in law, although they may help to guide decisions based on existing legislation.

Q: What is the current status of airsoft guns with respect to the Canada Customs and Revenue Agency?

A: An internal policy document for the CCRA, commonly referred to as a D-memo, identifies airsoft guns as replica firearms under the current Firearms Act.

Based on that policy, the CCRA has stated that it is illegal for unlicensed individuals to import airsoft guns. The CCRA regularly seizes such imports as set out under existing operational policies and practices.

However, the internal D-memo used by the CCRA is based on an interpretation of legislation. The policy document is not law in and of itself, nor has the ruling of the CCRA been tested in a court of law.

The Canadian Airsoft Community has identified serious concerns in the data used to draft standards for modern airguns, with particular sections using data collected over 100 years ago during the American Civil War. The Canadian Airsoft Community does not feel that such data accurately reflects the battery-driven gearboxes and compressed air springs used in most airsoft guns.

The Canadian Airsoft Community has also collected documentation from the RCMP on the absence of testing done with airsoft guns. The Canadian Airsoft community is not satisfied that conclusions drawn from existing data accurately reflects the technical capabilities of modern airsoft guns, nor does it address the scope of airsoft guns currently available.

Q: What is the Airsoft Initiative?

A: The Airsoft Initiative is an informal umbrella term used to apply to those individuals that drafted an options paper with the intent of seeking stakeholder consultation status with the Federal Government, specifically the Department of the Solicitor General and the CFC and the Department of Justice and Criminal Law Policy and Community Justice Branch, on the subject of airsoft guns in Canada.

Q: What is the current status of the Airsoft Initiative?

A: The Airsoft Initiative is preparing a response to the Commissioner of Firearms at the CFC and the Director of the Criminal Law Policy and Community Justice Branch at the Department of Justice.

The Airsoft Initiative is also awaiting a response from the Northwest Region office of the CFC, on the submission of an options paper entitled “Airsoft in Canada: Partnership Through Accountability.�

Q: What is the current status of the options paper, “Airsoft in Canada: Partnership Through Accountability�?

A: The options paper was completed with input from airsoft players and retailers from across Canada and submitted to the Commissioner of Firearms and the Chief Firearms Officer for Northwest Region shortly before the policy consultation deadline of September 30, 2003, set by the CFC to solicit public feedback on general comments and proposed regulations concerning the current and its related regulations.

A reply to the options paper was received by the Airsoft Initiative on November 10, 2003.

The Federal Government has indicated that the our options paper was successfully considered in the policy consultation process for the Firearms Act, and the options paper has also been considered and forwarded to various agencies and departments within the Federal Government, specifically the Criminal Law Policy and Community Justice Branch at the Department of Justice. A copy was also sent to CCRA.

Q: How is the Canadian Firearms Centre connected to the Department of the Solicitor General?

A: The CFC and RCMP are divisions of the Department of the Solicitor General, currently led by the Honourable Wayne Easter.

Q: Why is the Airsoft Initiative not in contact with the Canada Customs and Revenue Agency?

A: The CCRA, RCMP and various law enforcement agencies take their policy direction on airsoft guns from the CFC, led by Mr. William Baker, the Commissioner of Firearms, and the Department of the Solicitor General, led by the Honourable Wayne Easter.

The Airsoft Initiative formed its recommendations with the intention of addressing the status of airsoft guns on a national level. As such, recommendations from the Canadian Airsoft Community addressed the highest levels of authority with proposed legislative amendments and policy mechanisms designed to accomplish our goals.

The goals and recommendations contained in the options paper, “Airsoft in Canada: Partnership Through Accountability� address legislative amendments and policy mechanisms that would need to be affected by the Department of Justice and Department of the Solicitor General, which in turn gives policy directions to other agencies of the Federal Government, including the CCRA, the CFC and the RCMP.

Q: If that is the case, why was the options paper submitted to the Mr. William Baker, the Commissioner of Firearms for the CFC, instead of the Honourable Wayne Easter, Solicitor General?

A: The goals and recommendations contained in the options paper, “Airsoft in Canada: Partnership Through Accountability� address legislative amendments and policy mechanisms that would need to be affected by the Department of the Solicitor General, which in turn gives policy directions to other agencies of the Federal Government, including the CCRA, the CFC and the RCMP.

However, the CFC is a division of the Department of the Solicitor General, and the responsibility of firearms in Canada falls under the mandate of that division. Decisions made by the Commissioner of Firearms must eventually pass through the Solicitor General, but it is the Commissioner of Firearms who will carry those recommendations forward. As such, the options paper was written for the audience responsible for reading it.

Q: Why is the Airsoft Initiative not in contact with provincial governments?

A: Airsoft guns in Canada are addressed by the Criminal Code of Canada, the current Firearms Act and its related regulations. The Airsoft Initiative formed its recommendations with the intention of addressing the status of airsoft guns on a national level. As such, recommendations from the Canadian Airsoft Community addressed the highest levels of authority with proposed legislative amendments and policy mechanisms designed to accomplish our goals.

The powers to address airsoft guns are not within the mandate of provincial governments.

Q: What about provincial Chief Firearms Officers?

A: The powers of a provincial Chief Firearms Officer are granted by the current Firearms Act, which falls under the jurisdiction of the Federal Government.

The powers to address airsoft guns are not within the mandate of provincial governments.

Q: What about the Ontario Imitation Firearms Regulation Act?

A: The Ontario Imitation Firearms Regulation Act, which became law during the fall session of 2000, is an act that compliments existing clauses within the current Firearms Act. However, provincial legislation is subordinate to federal legislation.

It is not entirely clear, either through legal definition, legislation, regulation or practice, that airsoft guns are governed by the Ontario Imitation Firearms Regulation Act.

The powers to address airsoft guns are not within the mandate of provincial governments.

Q: What about those provinces that have signalled their intent to opt out of the current Firearms Act?

A: The current Firearms Act affects all provinces and territories in Canada. As of August 2003, eight out of the ten Canadian provinces had signalled their intent to opt out of enforcement of the federal Firearms Registry, which is one component of the current Firearms Act.

A position on the enforcement of the Firearms Act as a whole from various provincial governments remains unclear. However, the Firearms Act continues to have effect in Canada, regardless of a particular provincial government’s position on the act.

The decision to opt out of enforcement of the federal Firearms Registry is a political decision, not a legislative decision. As such, the position of a particular provincial government and its relation to the current Firearms Act is dependent on the current government for a particular province.

The reliance on a provincial government’s political position for interpretation of existing federal legislation is not recommended. Even so far as the federal Firearms Registry is concerned, the position is tenuous at best.

The powers to address airsoft guns are not within the mandate of provincial governments.

Q: What makes a firearm under Canadian law?

A: To be classified as a firearm under Canadian law, specifically the Firearms Act, an airgun must fire in excess of 500 feet per second (152.4 metres per second) AND have a muzzle energy in excess of 5.7 joules.

Q: Do airsoft guns in Canada need to have orange tips? Do orange tips affect the status of airsoft guns in Canada?

A: No. The "orange tip" requirement is a US-based law.

Q: Can I pose additional questions to you or the Airsoft Initiative?

A: Yes. We will answer questions to the best of our ability.

__________________________________________________ _____________________

Update, February 14, 2004

Here is a new fact sheet for airguns from the CFC. In particular, note the new text:

Neither are devices (considered to be replica firearms if) designed to discharge projectiles with enough force to penetrate skin or an eye.

As a result, the answers to two questions listed above have changed: "Why does it say that airsoft guns are replica firearms under the current Firearms Act on the Canadian Firearms Centre website?" and "Have things changed?"

For those who are who are too lazy to scroll back up and see what that says, the new fact sheet now seems to reflect the options paper we submitted to the Commissioner of Firearms on September 25, 2003, particularly our contention that many airsoft guns are capable of causing significant bodily harm, and they are not designated as replica firearms under existing legislation.

It is important to note that the existing legislation and regulations have not been changed: a fact sheet is a reflection of policy and has no force in law. This lack of legal change means that, for the Canadian Airsoft Community, not a lot of things have changed. I seriously doubt this change means we can start importing AEGs. However, we have made some progress--none of the people involved with this initiative have seen this type of language on eyes, skin and bodily harm used by the CFC before.

If anything has changed, some accessories might be easier to bring across now.

In the end, we believe that the mountain has now been moved. Not far mind you, but it has been moved nonetheless.

[Kokanee]

thread cleaned

[RecceGod]

replica firearm� « réplique » “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;
Certain weapons deemed not to be firearms (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 firearmsa) any antique firearm;(b) any device that is(i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;(c) any shooting device that is(i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and( 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.

prohibited device� « dispositif prohibé » “prohibited device� means ( a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,( b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,( c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,( d) a cartridge magazine that is prescribed to be a prohibited device, or( e) a replica firearm;

“imitation firearmâ€� « fausse arme Ã* feu » “imitation firearmâ€� means any thing that imitates a firearm, and includes a replica firearm;


TRANSPORTATION OF REPLICA FIREARMS
13. An individual may transport a replica firearm only if
(a) when the vehicle in which it is being transported is equipped with a trunk or similar compartment that can be securely locked, the replica firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
(b) when the vehicle in which it is being transported is not equipped with a trunk or similar compartment that can be securely locked, the replica firearm is not visible from outside the vehicle and the vehicle, or the part of the vehicle that contains the replica firearm, is securely locked


Using imitation firearm in commission of offence (2) Every person commits an offence who uses an imitation firearm(a) while committing an indictable offence,(b) while attempting to commit an indictable offence, or(c) during flight after committing or attempting to commit an indictable offence,whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year;(b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and(c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.
Sentences to be served consecutively (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).



Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
Exceptions (4) Subsections (1) and (2) do not apply to(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,(i) lawfully disposes of it, or(ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.



Guidelines to follow since nothing exists regarding the storage of replica firearms:

STORAGE OF PROHIBITED FIREARMS
7. An individual may store a prohibited firearm only if
(a) it is unloaded;
(b) it is
(i) rendered inoperable by means of a secure locking device and stored in a container, receptacle or room that is kept securely locked and that is constructed so that it cannot readily be broken open or into, and, if the prohibited firearm is an automatic firearm that has a removable bolt or bolt-carrier, the bolt or bolt-carrier is removed and stored in a room that is different from the room in which the automatic firearm is stored, that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
(ii) stored in a vault, safe or room that has been specifically constructed or modified for the secure storage of prohibited firearms and that is kept securely locked; and
(c) it is not readily accessible to ammunition, unless the ammunition is stored, together with or separately from the firearm, in
(i) a container or receptacle that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
(ii) a vault, safe or room that has been specifically constructed or modified for the secure storage of prohibited firearms and that is kept securely locked.
the vehicle.

[RecceGod]

FYI!!!

DO NOT PANIC WHEN YOU READ THIS.

Taken from the criminal code and weapons act.

These are the facts regarding airsoft rifles. However like stated in the first post you will not get into trouble... READ THE Q&A FIRST.

replica firearm� « réplique » “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;

Certain weapons deemed not to be firearms

(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:

(a) any antique firearm;

(b) any device that is(i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

(c) any shooting device that is(i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

(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.

prohibited device� « dispositif prohibé » “prohibited device� means

( a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

( b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

( c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

( d) a cartridge magazine that is prescribed to be a prohibited device, or

(e) a replica firearm;

“imitation firearmâ€� « fausse arme Ã* feu » “imitation firearmâ€� means

any thing that imitates a firearm, and includes a replica firearm.


TRANSPORTATION OF REPLICA FIREARMS

13. An individual may transport a replica firearm only if

(a) when the vehicle in which it is being transported is equipped with a trunk or similar compartment that can be securely locked, the replica firearm is in that trunk or compartment and the trunk or compartment is securely locked; and

(b) when the vehicle in which it is being transported is not equipped with a trunk or similar compartment that can be securely locked, the replica firearm is not visible from outside the vehicle and the vehicle, or the part of the vehicle that contains the replica firearm, is securely locked.


Taken from the Criminal code. Also in the criminal code:

http://laws.justice.gc.ca/en/srch.cg...d=203284&exp=7

-Using imitation firearm in commission of offence
-Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized (for those who might wonder of the consequences of such act)


Also note that there is nothing regarding the storage of Replica Firearms, or prohibited devices, and thus you should follow the normal guidelines set for real-steel weapons.

[quikstrike]

Originally Posted by RSM RecceGod

TRANSPORTATION OF REPLICA FIREARMS

13. An individual may transport a replica firearm only if

(a) when the vehicle in which it is being transported is equipped with a trunk or similar compartment that can be securely locked, the replica firearm is in that trunk or compartment and the trunk or compartment is securely locked; and

(b) when the vehicle in which it is being transported is not equipped with a trunk or similar compartment that can be securely locked, the replica firearm is not visible from outside the vehicle and the vehicle, or the part of the vehicle that contains the replica firearm, is securely locked.

Feel free to clean this after this is answered.

Just want clearification.

So this (in bold, 13. (b) )Means that say your vehicle does not have a trunk or compartment that can be securley locked you can legally lay it on a seat and cover it with a blanket so it is completely not visible to anyone from the outside and on the inside of the vehicle, and have your doors locked... ? In laymens terms is that correct, and legal?

Also most cars DO have a trunk, say it will not fit (say its in a gun case), which then would not allow the trunk to be securely locked, does that mean you can then follow part (b) for proper transportation? (because in some cars the gun case will not fit in the trunk, but would in the back seat.)

Just a question I thought I may ask, I'd like to see someones answer on this.

(feel free to clean it when it is answered.)

[ToRN]

That's a bit iffy, qs. I would say that yes, section 13 (b) does apply in that case, but only if that gun case will absolutely not fit, and you have taken reasonable precautions, ie. make sure that the car is locked, case is out of view, etc.

Another reccomendation would be to get a guncase that /does/ fit in your trunk, as this is the best way to comply with the legislation.

what kind of car do you have that the case won't fit in the trunk, but will fit in the rear seat? Most cars that I have come into contact have a similar width in the trunk and the back seats, with, in most cases, the trunk being wider, because of the armrests, etc. on the doors in the back seat.

[Lisa]

Most SUV's and Pickups don't have a lockable compartment. Anyways, the best thing is have it in a lockable case in your vehical, it counts as being not visable from the outside.

[quikstrike]

Thats what I thought Lisa.

Oh and ToRn, I have a sunfire, I bought a new guncase, I'm not saying it doesn't fit, I was just poking at the thought of it, just wonder what they actual answer from some peoples perspective would be.

But in all honesty, if it is in a gun case in your car while transporting it it is out of the view of people, even toss a blanket on the case if its in your back seat. (Not like your going to leave it in your car, just transporting)

Because I know some cars may not fit due to wheel well size, subs, all that junk, etc, etc.

This would also apply if say the person pulls down a back seat to have it half in trunk to fit it into a small car...

I just wanted to see what the answer may be, not saying she don't fit in my trunk haha.


I just think that this should be clearified for people that try to stick thier gun in thier trunk and are like.. "oh noes, it doesn't fit!"
Just so they don't do something they think will be ok, then get in major trouble with a police officer if they get pulled over.

Well I'm out, have a good one.

[Greylocks]

The law is the same as for real guns; transport them in a locked container. If your vehicle has a suitable trunk, put the container in there.

If the container is in view due to lack of trunk space, you can cover it with a blanket or something. I would strongly suggest the back seat at least, or between the seats on the floor. Not next to you in the passenger seat.
You must be able to show that you took reasonable efforts for it to be in a locked container and out of immediate reach if you are stopped.
You can make this even less conspicuous by using a locked container that does not look like the usual 'gun' case. A tool case comes to mind.
You never, ever, just put a gun on your seat and cover it with a blanket.

Mods, feel free to delete this if it clashes with the thread.

Apply the same rules as you would to the real firearm-equivalent and you'll be fine.

[Fiya]

I am disappointed that this will be my first post in ASC. At the moment I am actually slowly constructing a flame-post absorbing fort made of toilet paper, pillows and unicorn horns around me in anticipation for the answers I may recieve... *Sigh*

I don't mean to be... Presumtious, ignorant to the laws of Canada, or a information leech either. I have looked this up to within my abilities. I have not been able to come across a straight answer.

In addition I will be getting age verified as soon as possible. I may be able to get verified this weekend at a local event actually. That is my hope at least... If I should not be talking about this until I am age verified then I will accept that and discontinue this while my 'age is pending'. (I'll keep my magical-unicorn horn, pillow, and paper anti-flame embattlement. )


If age verification is not an issue in talking about this, I will continue.

A near-by 'sport' shop had a firearms license and used to be a big firearm supplier in my locale. He is wondering if he can import airsoft from outside Canada. From what I understand, with a business firearms licence you can import firearms. There also may be a provision for replica firearms which (Most) airsoft guns fall into. Now where I am looking for answers... Do all "Business Firearms Licenses" have the provision for replica firearms or does it have to be a factor when acquiring the license? Do they 'expire' or have to be renewed? How can a business owner 'check' his status with his license? (If it needs to be renewed or specifically have a section for replica firearms.)

This is for my information so I understand his position better and to know what to tell him. He is interested in importing airsoft, what should he/I know in order to import them legally? Is it possible for him? What information do I need to get from him in order to find out?

I realize I will most likely need to talk to him some more and learn more about what he knows about it. I am a fairly well trusted 'regular' or supporter of him. His business has undergone a slow transformation from a full blown 'hunting, fishing, taxidermy, etc. shop' to a extreme sport shop. I.E. Skateboarding, (Which is the focus in his shop now and what I am into most. Airsoft is something I would like to start though) snowboarding, wake boarding, BMXing etc. Now he wants to import airsoft if his license will allow it.


Keep the flames to Katrina hurricane or less level please. Hahahha... Hah... Ha...... *Gulp*

[mcguyver]

The only business that have a BFL fpr prohibited devices are those who supply theater or motion picture props. That is the offical, proscribed purpose. A BFL for "normal" firearms is a different license entirely, different application process and approval requirements. You can have both, it's technically possible, but there are likely very few if any that do.

Basically, a gun store has as much legal right to import replicas as John Q. Public.

Don't worry if your confused and don't fully understand the law. I don't either. If it was totally 100% black-and-white, there would be no need for threads like this.

[BloodSport]

http://www.airsoftcanada.com/showthread.php?t=51609

[Fiya]

Okay that helps, alot. I perhaps forgot to mention I remember him mentioning something about him having replica firearms... I specifically remember him commenting on how they were full version models, only without the internals to make it deadly. So he MAY have some kind of license to import replica firearms. I have to get back to you with this once I talk to him more tomorrow. If you could answer some of the other questions about it which would assume he had a replica firearm license... Before... The things pertaining to importing airsoft now. Would he need to renew it? Will it still apply?



After reading though the link (briefly) I think I found the loophole... I believe he has mentioned being a supplier of the RCMP/local police department. Something of that nature... I'm recalling him bringing up many things that he had come into possession of for awhile when the -Law Enforcement Branch- ordered something new... Not sure if he would/had access to the 'replica firearm' division of the license. This is a possibility. Would a dept. or RCMP division order from a local place like this? I would think there would be a 'larger' power importing and distributing to all dept/RCMP divisions.

[mcguyver]

The RCMP and the military cannot import replicas either. Funny, they can buy an attack helicopter, artillery, or real automatic weapons.

There were instances I recall years ago of police and DND officials being denied importation from the CBSA, because they lacked the proper licensing. Some older members of ASC might recall that thread.