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Thread: Some people think "backwards" it seems...

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    Administrator AirGunEric's Avatar
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    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...
    I'd say I care- but I'd probably be lying...


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    Moderator poil27's Avatar
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    grean edit

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    Senior Member SeanMP's Avatar
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    It could be just a bandaid attempt to close a loophole.

    I seem to recall some months ago there was several days of news stories about convenience stores being held up by kids/people using airsoft guns. They couldn't be charged for using a firearm was the basis of the news story.

    Now that more of the airsoft are in the firearm -deemed non firearm classification, as are all of our AG's, then if you commit a crime using one then you'll be charged under the firearms act.

    Other than that I have no idea what their up to
    Sean

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    I really think that something is going to happen with those airsoft guns. I've seen some very expensive 100% metal assault rifle airsoft guns that would confuse a die hard NRA member. I know Wallymart and CT sell the clear plastic cheap ones, but you can get a hold of these very realistic ones without a problem here.

    What if there is a push to make any type of gun that isn't clear plastic a 'firearm' eventually? Is there some bigger picture?

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    Administrator AirGunEric's Avatar
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    I'm sure there is a "bigger picture"- and sadly, seems alot of the airsoft crowd are taking this news as "good" when it may merely be the first step to getting them regulated even more than they have been.

    Not that I'm particularly concerned about airsoft- not my field of interest by far, and I have no money in it either...
    I'd say I care- but I'd probably be lying...


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    In a way airsoft is a interesting concept, but paintball makes more sense. These airsoft guys dress up like they are taking down Iraq, meanwhile you can't feel that plastic bb anymore unless it takes out your eye.. I just don't get it. i'm sure half the time is spent arguing if they really got hit or not.

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    Moderator poil27's Avatar
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    yea that's a fact ... kinda weird in a sence it's the ultimate in non safe handling of a ****** ....

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