Some people think "backwards" it seems...
I stumbled across a couple online discussions about airsoft classifications and an apparently new classification published by the Canada Border Services Agency (CBSA) about what the power level on an airsoft product should be to take it out of "replica" classification and into "firearm" territory.
Seems people are all "yee haw" as CBSA (there is no reference, by the way, as to who made this reclassification or who determined what is considered a dangerous power level for airsoft- i.e. the RCMP/CFC?) has apparently stated that any 6mm airsoft product now above 366fps will be considered a "firearm" (or "non-firearm" if still below the legal threshold before it becomes a PAL-required product). The old guideline was anything above406fps in airsoft would be classified as a "firearm, deemed non-firearm"- meaning if you shot an airsoft product that was above 406fps in an illegal manner- under the Criminal Code you could be charged with a firearms offence.
So, people are all happy that now they believe more products that were in that 366-406fps output range will no longer be classified as "replicas" if they are not made out of clear plastic. I have no idea how many airsoft products fall into that output range- but that is neither here nor there. Sure- it sounds like a few more airsoft products might be allowed in under the same criteria as "detuned" airguns shooting lead or steel- but they have LOWERED the power level that is acceptable before it is considered a "firearm" in every legal sense of the word.
Here is the wording of the applicable CBSA memorandum (D19-13-2):
"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) Toy guns and starter pistols do not generally qualify as firearms. However, some toy or model guns and starter pistols may be designed with very realistic mechanisms or appearances (e.g., colour, size, scale, translucency) and resembling a real make and model of a firearm. In such cases, they may be considered replica firearms even if they are made of plastic, die-cast zinc, or other material.
(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."
Found here: http://cbsa-asfc.gc.ca/publications/...9-13-2-eng.pdf
But the memorandum does not appear to be updated, so I am unclear if this new "guideline" is official or not- but back to the point; sure, a few more airsoft products might be taken off the "prohibited" list- but by calling them 'firearms'- meaning if you shoot one off in your backyard near the neighbour's bird feeder- you could be liable under the Criminal Code of Canada for discharging a firearm illegally. I would also have to assume that this might lead to airsoft events (don't know what they call them) being more restricted as "firearms" (even those "deemed non-firearm") are unlikely something that the law enforcement community or the insurance people are going to look at using them to shoot at your buddies as favourable. Maybe someone can own more products not made out of clear plastic, but if their use becomes more restricted- what's the point? Airsoft isn't used for target shooting or hunting, so restricting its potential use or "fun factor" can't be a good thing for the people who use them.
Is it me, or are people getting all excited about this apparent change just not thinking it through completely?
Strikes me this sort of change falls/will fall right in-line with the anti-gun crowd; power level before being classified as a "firearm" is lowered for airsoft, and if someone gets arrested for "discharging a firearm illegally" in their Toronto backyard- we all know the news is only going to mention "firearm" not "airsoft with plastic BBs" in the story...
