Is this legal in canada?

[dr_slurpee]

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".

This is not true at all, a replica in the case of firearms is something that is not a real firearm that is designed to look like a real firearm. RCMP site for information

Specific types of firearms

On this page Air guns Antique firearms Black powder firearms Crossbows Flare guns Kit guns and conversion kits Receiver blanks Replica firearms Air guns There are two general types of air guns (also known as BB guns, pellet

www.rcmp-grc.gc.ca

 

[TazMan2000]

It's a very 'all encompassing' law. Which makes me wonder how a lot of airsoft weapons which are almost identical to their real counterparts, are able to be sold legally.

TazMan2000

 

[monstermaker]

This is not true at all, a replica in the case of firearms is something that is not a real firearm that is designed to look like a real firearm. RCMP site for information

Specific types of firearms

On this page Air guns Antique firearms Black powder firearms Crossbows Flare guns Kit guns and conversion kits Receiver blanks Replica firearms Air guns There are two general types of air guns (also known as BB guns, pellet

www.rcmp-grc.gc.ca

Excellent! Thanx for posting this. Dr_Slurpee! Like I said, "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"."

I'd like to hear more from cosplayers that have their star wars blasters and other "replica firearms" with them at events in Canada, and what their stories (good and bad) are!

 

[dr_slurpee]

It's a very 'all encompassing' law. Which makes me wonder how a lot of airsoft weapons which are almost identical to their real counterparts, are able to be sold legally.

TazMan2000

Airsoft live in more or less the same area as a pellet or BB gun, they are technically considered firearms, but they have to have a muzzle velocity high enough that they could cause serious bodily harm. Some airsoft are prohibited in the same way as other replicas because of low muzzle velocity. There are people that import them using theatrical licenses and such and they are always very expensive compared to the ones that are not prohibited.

 

[TazMan2000]

Airsoft live in more or less the same area as a pellet or BB gun, they are technically considered firearms, but they have to have a muzzle velocity high enough that they could cause serious bodily harm. Some airsoft are prohibited in the same way as other replicas because of low muzzle velocity. There are people that import them using theatrical licenses and such and they are always very expensive compared to the ones that are not prohibited.

That wasn't my point. According to the law, even if you have a resin weapon, that is similar to a real weapon, you can be breaking the law. Especially now with the ability to 3d print weapon that can actually fire a bullet, some customs officers could technically confiscate a 50s style Buck Roger's ray gun, because they could assume it could be made to be lethal.

According to the law, if you make a Sterling SMG out of plastic, PLA, or resin, you are a criminal, but if you buy an airsoft one, its fine. If you read the law, its written in a very vague, and all-encompassing manner.

TazMan2000

 

[dr_slurpee]

The law for replicas isn't about making something into a weapon (as in your ray gun example), that would be a different criminal activity. Airsoft are treated the same as a firearm in many ways in terms of the law. A "legal" airsoft or pellet/bb gun is considered a firearm, but are in a category that does not require a license to own, only be 18 years or older. If you use it for criminal purposes you can and likely would be charged the same way as if you used a "real" gun. Likewise a deactivated gun can be purchased and owned with no license because it's still classed as a firearm.

A ray gun or other "blaster" or gun that looks nothing like a current model firearm (including in some cases clear or brightly coloured "replicas" but even the RCMP site says that is a case by case basis) should not be prohibited and should not be confiscated by customs. The determination of what is considered a replica is not made by low level customs officers, they would simply flag it and then it would be handled by someone that knows firearms and knows what they look like. They would evaluate and either deny entry of the item or allow it. If denied then they would contact the shipper and shippee and there would be opportunity to appeal the ruling. This all depends on where in Canada, I am speaking for Ontario where I have spoken with the chief firearms officer as well as the customs officer (at the time) that would make the rulings. They should not be confiscated unless there is clear illegal intent or the item is clearly illegal (not prohibited as is the case of a replica firearm).

I do not want to sound like a know it all, I am only speaking from my experience of communicating with the correct people about this for past projects, nor am I saying to take anything I say as law. I would recommend anyone wanting to import something that they think is questionable to look into it first, but customs cannot and will not make a ruling without the item in hand. They told me you basically have to have it shipped in order for them to look at it and make a ruling, which you can specifically request if you want to make sure you can't be in trouble. You get in trouble if you are importing something which is 100% illegal, like explosives or drugs, etc.

 

[TazMan2000]

This is copied from the RCMP site.
*****
Replica firearms
A replica firearm is a device that is not a real firearm, but one that was designed to look exactly, or almost exactly, like a real firearm. Replica firearms are prohibited devices in Canada.

To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm. If it is an antique firearm, as defined by the Criminal Code and corresponding regulations, it is not prohibited.

****

The word "almost" is rather vague, so putting a few accoutrements on a Sterling SMG to make it look like a E-11 won't fool anybody. Strangely, the customs officers that I spoke to said most are well trained in spotting and identifying many illegal, and prohibited items. There may be some low level officers, that won't make a determination whether the item is banned or not, but a supervisor would be steps away. They have daily or at least weekly meetings to discuss trends on what is being seen coming through mail or luggage and they share that information with each other across the county.

I am confused as to why a plastic representation of a weapon would be considered illegal, while an exact representation in an airsoft firearm wouldn't be. Anybody I've ever asked, could not give me an adequate answer.

TazMan2000

 

[Win7ermute]

sThis is copied from the RCMP site.
*****
Replica firearms
A replica firearm is a device that is not a real firearm, but one that was designed to look exactly, or almost exactly, like a real firearm. Replica firearms are prohibited devices in Canada.

To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm. If it is an antique firearm, as defined by the Criminal Code and corresponding regulations, it is not prohibited.

****

The word "almost" is rather vague, so putting a few accoutrements on a Sterling SMG to make it look like a E-11 won't fool anybody. Strangely, the customs officers that I spoke to said most are well trained in spotting and identifying many illegal, and prohibited items. There may be some low level officers, that won't make a determination whether the item is banned or not, but a supervisor would be steps away. They have daily or at least weekly meetings to discuss trends on what is being seen coming through mail or luggage and they share that information with each other across the county.

I am confused as to why a plastic representation of a weapon would be considered illegal, while an exact representation in an airsoft firearm wouldn't be. Anybody I've ever asked, could not give me an adequate answer.

TazMan2000

Airsoft still somehow avoids the replica issue, I'm not really sure how or why. Just this week I imported a replica airsoft Walther P99 from the states. It looks and feels IDENTICAL to my actual P99 except for the orange tip which is not required here and I promptly removed. It's kind of ridiculous really.

There was a sticker on it from the supplier that says that because it has a certain velocity range it complies with CBSA and is legal for import.

WALTHER P99 CO2 AIRSOFT - BLACK

buy WALTHER P99 CO2 AIRSOFT - BLACK online

www.umarexusa.com

 

[dr_slurpee]

Airsoft are “legal” if they have a minimum muzzle velocity of I think 366 fps. This puts them in the same class as a pellet/bb gun which are capable of causing “serious bodily harm”, they are technically firearms just not ones that require a license.