So lets see if I'm on the right track here, in D19-13-2 the following is stated (on page 10 of the previously linked PDF for reference):
Quote:
“Uncontrolled” firearms
5. “Uncontrolled” firearms are those devices that, although falling within the definition of a firearm in the Criminal Code, are exempt from specific legal requirements of the Firearms Act and its regulations, as well as from other legislative provisions. “Uncontrolled” firearms do not fall under Tariff item No. 9898.00.00, and are generally admissible into Canada. “Uncontrolled” firearms should not be subdivided into any of the non-restricted, restricted, or prohibited classes. The following types of firearms are deemed “uncontrolled”:
(a) Irrelevant information removed...
(b) Irrelevant information removed...
(c) Irrelevant information removed...
(d) Low muzzle velocity/energy guns – Any barrelled weapon that is not designed or adapted to discharge projectiles at a muzzle velocity exceeding 152.4 metres per second (500 feet per second) and at a muzzle energy exceeding 5.7 Joules, or to discharge projectiles that are designed or adapted to attain a velocity exceeding 152.4 metres per second (500 feet per second) and an energy exceeding 5.7 Joules. Both thresholds of 152.4 mps and 5.7 Joules must be exceeded for the firearm to be considered “controlled”. This requirement exempts firearms that fire below the threshold velocity with a standard projectile, but exceed the threshold velocity when fired with a high-velocity projectile.
Note: The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. If the muzzle velocity of the air gun is less than 152.4 mps (500 fps)/5.7 joules but still able to cause serious bodily injury to a person, it may be considered an “uncontrolled” firearm. Most airsoft guns and certain types of paintball guns are considered replica firearms (see “Prohibited Devices” below).
In the last paragraph, the underlined concerns me... Airsoft is specifically singled out as being Prohibited... Lets continue to the relevant "Prohibited Devices" information anyways:
Quote:
Prohibited Devices
General
49. A prohibited device is:
(a) any component or part of a weapon, or any accessory for use with a weapon that is prescribed to be a prohibited device (e.g. any device designed for the purpose of discharging cartridges in rapid succession, bull-pup stocks, etc.);
(b) a handgun barrel that is equal to or less than 105 mm (approximately 4.1 inches) in length, but does not include any such handgun barrel that is prescribed where the handgun barrel is used 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, such as silencers (please note that some silencers attached to airsoft guns may also be deemed prohibited devices if they can be used in real firearms);
(d) large-capacity cartridge magazines prescribed by regulation; or
(e) a replica firearm.
Replica firearms
50. “Replica firearm” is defined as 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.
51. For a device to be a replica firearm it must meet all three requirements:
(a) it cannot be a firearm, meaning it does not discharge a projectile with sufficient energy to cause serious bodily injury or death to a person. If the device is a firearm, then it cannot be a replica firearm (and vice versa);
(b) it must resemble exactly, or with near precision, a real existing firearm of an identifiable make and model. With respect visual examination, note that the maximum observing distance is one at which the equivalent make and model of the firearm can be identified. This distance will vary from one firearm make to the next. For example: A Luger pistol has a very distinctive silhouette as compared to other makes and is therefore more readily identified from further away. The examination of the object is something more than casual, but less than detailed. The device does not need to be so close that markings are identifiable; and
(c) it cannot be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm (see Antique Firearms above).
52. In addition, there are other material considerations that must be considered when examining a device suspected of being a replica firearm. Amongst them:
(a) scale and size;
(b) translucency (i.e. whether light can travel through it). At the time of publication, there are no firearms made of glass or translucent material. However, such a determination is not absolute. Much of this consideration depends on "how translucent" the material is and what are the parts that are translucent. For instance, a transparent firearm-like object made of dark, barely translucent material could resemble a firearm. Also, be aware that certain ammunition magazines may be translucent or made with transparent plastic materials (e.g., the magazine of the SIG 550 assault rifle);
(c) shape (whether all major parts from the original firearm are reproduced-even if they do not move).
The underlined sections in the "Replica firearms" category above is most of the relevant information in that section correct?
Quote:
54. The following are examples of devices that may be considered replica firearms (however, each device must always be assessed on a case-by-case basis and taking into account all the above-mentioned criteria):
(a) Irrelevant information removed...
(b) Most airsoft guns and certain types of paintball guns or markers are considered replica firearms. This is because the muzzle velocity of the projectile does not generally cause serious bodily harm and their external features are clearly designed to resemble a specific and readily identifiable make and model of a firearm. The jurisprudence has established that to consider a firearm within the meaning of s. 2 of the Criminal Code, an airsoft gun must have a muzzle velocity in excess of 124 meters per second (407 feet per second). Therefore, due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, most airsoft guns (and some paintball guns) are generally considered replica firearms.
Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
(a) an air gun or BB/pellet gun that resembles a real make and model of a firearm may not be a replica firearm if it is an “uncontrolled” firearm (see “Uncontrolled” firearms).
The above underlined is basically the "loophole" that allows airsoft guns to be considered Uncontrolled firearms if they're above 407 FPS but below 500 FPS?
This is all so confusing! :confused:
