Is this legal in canada?

Gylfi3

New Member
Hello RPF, I would like to know if these are legal in canada. I want a Denix mauser c96 replica which should be legal as a replica of an antique firearm, right? I also want a replica NON FIRING steyr-mannlicher model sl receiver and and a replica of the Charter Arms Bulldog. Are these legal in canada?
Thanks in advance,
Gylfi3
 
I thought an antique firearm would have to be pre-1898? My understanding is that even near-identical airsofts and Denix-types are all considered prohibited, unless you've owned them since before December, 1998.

Here's a guy's Denix offerings, they do all look to be pre-1900 offerings.

https://www.youtube.com/watch?v=SRUzN5VijFc
 
Unfortunately, it isn't just the year. Short answer, they aren't legal. And the definitions of why are bewildering. Forgive the mire below.

From the Canada Criminal Code:
""firearm" means a barrelled 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."

So even the parts by themselves are prohibited (need a license). But they aren't functioning, right?

From the RCMP:
"Even if an imported firearm has been deactivated, it will be treated as an active firearm until it is in Canada and the deactivation can be confirmed by a licensed gunsmith. To import such a firearm, you need a valid licence allowing you to import that class of firearm and you need to register the firearm. Once a licensed gunsmith in Canada has confirmed that the firearm modifications meet Canadian deactivation standards, the firearm may be deregistered."

Well, I guess you can get a replica then, right? Nope. Replica firearms are also prohibited in Canada. Replicas firearms are defined as things that aren't firearms but are intended to closely resemble real-world models of firearms. Replicas of antique firearms are allowed.

So you're clear on the Mauser? Nope. The RCMP says antique firearms are defined as:
"Any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition, and that has not been re-designed to discharge such ammunition."

But, you've seen airsoft for sale in Canada, and they look like guns, right? Well, air guns above a certain muzzle velocity/energy are prohibited "firearms" and need licenses and such. Air guns below a certain muzzle velocity/energy are not prohibited firearms and don't need licensing unless they are also replica firearms. So those clear plastic low-velocity guns are fine, but if you paint it to be realistic, that's potentially a criminal act. If it's realistically painted, but scaled smaller or larger, then it's maybe fine. But that presumes the viewer knows the correct scale well enough to not be threatened.

All of this is muddled by the fact that some people have imported denix mausers and cite that as proof. But that's of no help, because packages are checked by Customs randomly, or are subject to the individual officer having a specific reading of the Criminal Code.

I ordered one of the Tomenosuke Blade Runner blaster kits and received it, but I did so with the accepted risk that I was in for a fight if it was looked at by a particularly zealous Customs officer. Because due to the loose definition of "firearm," the frame alone can be considered a "replica firearm." And even though the blaster itself is technically not a replica firearm because it was not made to resemble a real-world weapon, to an untrained eye, it sure looks like a gun. And in Canada, if you use a toy to rob someone and they believe it's a gun, that counts as a firearms offense.

Fun, eh?

Edit: I reread the last part and it sounds weird, like I'm complaining about not being able to use replicas in robberies.:facepalm
By "fun" I mean how the CC is all but blind to recreational/prop uses of replicas and parts, and pretty much assumes the only use they have is for criminal purposes.
 
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When you say that replica firearms are prohibited, does that mean absolutely prohibited, or does that mean that one must have a valid firearms license to own a replica?
 
Does that mean you can't ship Star Wars replica blasters, like the DC-17 or DC-15?
I expected problems with the Tomenosuke because it was metal. I suspect yours would be fine if identified as "wooden sci-fi Star Wars prop blaster" and not "replica gun/firearm," to avoid buzzwords. And not painted, if you wanted to really be on the safe side? I've brought in unpainted kits of blaster-type things before. We also have plenty of 501st/Rebel Legion up here, and they have the typical blasters at the cons. Although I'm not sure if they are Hyperfirm, local builds, or DoopyDoo'd Kenners. I've also seen other sci-fi weapons like the QMx Mal's pistol in comic shops, so again, it's about the intent to replicate a real firearm model, not a fantasy item, however gun-like it is. Pretty sure I've even seen the DL-44 (in resin), and that it's the unmodified replica that is the problem, not the build-up.

I would like to think that a Customs officer with any sense would see what you make (love your work, by the way) and recognize that they are clearly not intended to be "replica firearms" of real-world guns. But of course, we have to count on the guy not being knee-jerk about it.

When you say that replica firearms are prohibited, does that mean absolutely prohibited, or does that mean that one must have a valid firearms license to own a replica?
Full disclosure, I'm no lawyer, I've only done as much digging as someone interested in casual airsoft and Blasters. According to the RCMP, it seems like businesses with a firearms license can own them and loan/rent them for things like movie shoots, but individuals can't? Although any owned before the law changed in 1998 are still legal and don't require a license. Can't be sold, though.
 
A very good explanation Lurksmith.

I might add that almost anything that is imported that is considered a "toy gun", and is clearly made to resemble a firearm, of any sort (yes this includes sci-fi blasters) can be seized and destroyed by Customs. It is dependent on what officer inspects the imported package and what kind of mood the officer is in. If they think that the item conflicts with the spirit of the law, they may seize the item. Also, disassembling the parts and shipping them separately to disguise what they are, is also a felony. That being said, I have purchased items from Doopydoos.com that had no problem making it through customs.

The short answer...Don't import anything that you can't afford to lose.

I've been looking on a lot of Canadian airsoft websites and have yet to find a C96 Mauser. So if you find one, let me know.

TazMan2000
 
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My understanding is that the Canadian firearm laws are rather murky, and are quite ambiguous. However, the barrel of the Denix Mauser is solid, AND has a permanent orange plug in it to denounce it as a replica firearm. Still, I'm no expert, and coupled with the fact that I live in the US means that I know precious little about Canadian Firearm laws. Though BTW, I have just bought an MGC Mauser that is coming from the UK, and is being shipped to NY. Do any of you think there might be problems with that? (Sorry if I'm hijacking this thread, I just wanted a quick opinion.)
 
To answer your question, The WoodChuck, I've imported both a Master Replicas Han Solo ANH DL44 as well as two Blade Runner blasters (one Coyle, the other a Tomenosuke Pro World Con) over the last 3 or so years. I had zero issues with the first two, but for the Tomenosuke Pro I had to go to a Canada Border Services office and explain in person what it was, and assure them that it was for display purposes only (the officer actually said not to go waving this around in public). As Lurksmith mentioned, though, all three of these imports had words like "prop," "fantasy weapon," or "movie collectible" on the item description, so that may have helped.

The difference between these items and a Denix is that these were obviously not attempting to mimic real world firearms, whereas the Denix is. That one fact right there may cause some problems.

If in doubt, contact the RCMP directly. That's what I did.
 
My understanding is that the Canadian firearm laws are rather murky, and are quite ambiguous. However, the barrel of the Denix Mauser is solid, AND has a permanent orange plug in it to denounce it as a replica firearm. Still, I'm no expert, and coupled with the fact that I live in the US means that I know precious little about Canadian Firearm laws. Though BTW, I have just bought an MGC Mauser that is coming from the UK, and is being shipped to NY. Do any of you think there might be problems with that? (Sorry if I'm hijacking this thread, I just wanted a quick opinion.)

Couldn't say for certain, but there's a lot less concern about shipping out of Canada or the UK, because those packages are examined by the recieving country. For example, the RCMP specifically note that replicas legally owned before 1998 taken out of Canada will be confiscated on re-entry, not that they will be denied exit. So mind your cross-border conventions, cosplayers.

It's fairly clear (but frustrating) as far as whole accurate replicas are concerned. It's about intent, not function, so the solid barrel doesn't matter. The laws were spurred by a number of incidents of non-firing toys/models being used in robberies. Replicas were blanket banned, and mandatory sentences were added to crimes involving "immitation firearms." Which is even broader than "replica."

The orange plug is a US thing, because you guys are allowed full scale replicas. Up here, there's no orange plug requirement, because if the toy looks so similar that it needs the orange plug to set it apart, it's prohibited anyway. The orange plug is on a lot of toys here though, but that's distributor cost cutting, not legislated. We don't have the population to warrant our own products a lot of the time. The toy guns allowed here are not "replicas" if they are scaled larger or smaller than the real firearm.
 
I actually had two replica firearms seized and destroyed by Canadian customs because they were classified as Airsoft even though they were not capable of firing anything, they were just plastic. I've also had two plastic Beretta pistols, a replica of Robocop's M9 and an Off-World Inc model Blade Runner pistol replica come through without any issues. I am slightly nervous because I have a Daiki Kyogo Blade Runner replica pistol pre-ordered for this summer from Monsters in Motion. It has no moving parts and MiM also includes a firearm replica waiver you have to fill out with contact information and identification they ship with the item. I'm 'hoping' it won't be an issue with the paperwork included but I would put nothing past government bureaucracy.
 
I have to ask. do you have a source for a replica charter arm's bulldog? If so I have not looked hard enough. close as I have seen was a prop rental place...
 
I know this is old, but, I'm sure you will be fine if you turn it into a DL-44 but it's risky to leave it as is. The MR DL-44's are metal and the average Joe wont be able to tell the differences between a denix DL-44 build and a pre-built replica, even though one is technically illegal to own. Stupid Canadian laws.
 
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Yep, had shipped my Denix Mauser via Brussels Post Office in a neat slim package (thanks Dad:)) with "Happy Birthday Son" on the front of said package...delivered, with a smile, by local mailman. Transformed it for my HS cosplay and showed it to a police friend of mine; said: "Don't show that in public and certainly not to another cop"!
 
You guys are over-reading the firearms act (or at least the enforcement of it by CBSA). I have brought in just about ever blaster in the known universe, no issues. If it doesn't look like a real pistol, and the PKD looks nothing like a real pistol, there are no issues. Same with a DL44 build. Replicas are, as mentioned, prohibited so the mauser is a no go unless some airgun place has already brought it into the country, or someone has already done it up like a blaster. Our laws are actually relatively lax when it comes to this stuff.
 
The confusion with the legality issue with most folks is the term "replica firearm". To cosplayers and movie buffs, a plastic or die cast metal "model" of a real firearm (pistol, rifle, etc) is a "replica", but they are NOT "firearms" as they do not "fire" anything. They are just models or toy versions of the real things.

In statutory terms, a "replica firearm" defines an actual contemporary firearm that is built to "replicate" the look of the original weapon. Example: a Winchester '73 model rifle built in 1999 would be a "replica firearm" under the law.

A plastic, die cast metal, model or toy version of a historical firearm would not be regulated by the same "replica firearms" laws or codes, as they are considered "non-guns" by the statutes, but they may have their own rules and regulations elsewhere in the statutes of any given city, state, or country.

Many statutes give leeway for the use of realistic toy weapons for "theatrical" purposes, so the codes or laws that would require that the barrels and triggers to be painted bright orange on fake guns are waved, for "theatrical" purposes.

Now, do ComicCons or photoshoots for your Facebook or Twitter accounts constitute "theatrical" performances in the eyes of the law? One would think so, but it's always best to always check with the authorities in your area (as well as your event sponsor's rules) before you do anything questionable in public with your "toy".



Hello RPF, I would like to know if these are legal in canada. I want a Denix mauser c96 replica which should be legal as a replica of an antique firearm, right? I also want a replica NON FIRING steyr-mannlicher model sl receiver and and a replica of the Charter Arms Bulldog. Are these legal in canada?
Thanks in advance,
Gylfi3
 
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