|
NOTE that this Q&A is written before the existence and
arrival for high quality legal Airsoft guns (with
transaprent receivers) to Canada.
There
is some great info in here so please take the time to read
it, a couple of
things that you need to understand before reading on:
1) Laws and "enforcement of laws" are different things. You
cannot ever ignore how the law is written, but you have to
understand how laws are practically applied to understand
why things happen the way they do. Do not ever confuse the
application of a law with the actual text of the law. When
in doubt, assume that the government or a law enforcement
agency will fall back to actual legislation as it is
written. As long as they don't, enjoy the free extension
of rights you're getting ("grey area"), but don't get too comfy with it.
2) Answers to these questions are different for
individuals and businesses. In general, as individual
Airsoft owners you can expect to be under WAY less
scrutiny (if any) for your Airsoft activities. A
legitimate business has much more exposure and risk - the
licenses they need, the financial incentives they get to stay
in business, the money that was invested - and questions
like "is it legal to sell Airsoft?" have very
different answers for a business as it does an individual.
As you know the number of high profile Airsoft retailers
in Canada has dropped considerably in the last 2 years.
The law hasn't actually changed, but the level of
enforcement has, and this is leading to a lot of confusion
about the legal status of Airsoft and what the future
holds for this sport. I'm going to take a stab at
answering every questions I've gotten recently, and every
other important one I can think of , to try and clear up
some of the misunderstandings we have about this sport in
this country. If there's something you'd like to know, or
something you'd like to add, by all means ask away.
Q&A:
Is
Airsoft legal to OWN?
Yes, mostly. As of December 1st 1998 airsoft was supposed
to be grandfathered. The idea was you could keep anything
you owned before that date, and it was impossible to get
new ones, so problem solved. Obviously it was not
impossible to get more in the country, and in fact Airsoft
in Canada flourished after 1998 for a long time.
Practically speaking this is mostly overlooked, and not
many people even know they were supposed to be
grandfathered by Dec 1 98 - furthermore it would be very
difficult to prove anything you own you got after Dec 1
98, even if the government cared.
Am I
at risk if I own airsoft?
No, absolutely not if you are a responsible owner.
Is
Airsoft legal to USE?
Yes, if you use it in a responsible fashion. Any replica
firearm or even imitation firearm used in a crime will be
treated as a real firearm, and you would be facing charges
relating to real firearms, regardless of what the
situation is. There is no clear line on where you can
bring airsoft or not, so it comes down to common sense:
playing fields or private areas where you will not be seen
by other people, and not cause a disturbance, are
reasonable places that airsoft could be used. Store your
guns safely, and educate your friends, family or
neighbours so that there are no misunderstandings that
lead to someone dialing 911. If you live in an urban area,
your airsoft should only come out when it's on the playing
field.
Is Airsoft legal to buy or sell?
Legally, no. Airsoft are replicas which are prohibited
devices, and no one (business or individual) can strictly
speaking buy, sell or transfer in any way airsoft after
Dec 1 98. However, for responsible people this law is
mostly overlooked and not even well understood - mostly
because there are very very few real incidents involving
replicas. Because they are fundamentally not dangerous
compared to knives or real guns, they are not headline
items on law enforcement radar. Nonetheless, it is not
legal to sell airsoft, so it is very important to bear in
mind that we must always treat these guns with the utmost
respect to ensure we maintain the status quo.
What if I'm over 18, or age-verified?
That is an Airsoft Canada board policy, it has no bearing
in law. We enacted that to cut down on the number of kids
(as well as cleaning up a lot of scammers) that were
starting to flood this site as the sport grew in leaps and
bounds. It also forces prospective players to shake hands
with another player, and take some time before jumping
head first into the sport. However, it is nothing more
than an ASC policy.
Does having my PAL help?
It has nothing to do with replicas or prohibited devices,
so no. In fact, you should be careful mixing Airsoft and
real firearms, because your PAL could bring you under
closer scrutiny. Make extra sure you play by all the rules
and be especially careful with your Airsoft.
What
about Airsoft retailers, can't they sell airsoft?
Not in strict adherence to the law, no. At
other retailers, we tried to exercise as much caution as
possible in who we sold to, because a large part of our
interest was to promote the sport and grow the community.
So
what exactly IS Airsoft classified as?
Airsoft guns are for the most part considered replicas.
They live in a fuzzy space between imitation firearms
(something that looks like a gun but is not an exact copy)
and airguns (which paradoxically often are replicas, more
on that later). Replicas are prohibited devices under
Criminal Code, which does not mean they are firearms
themselves, but are subject to many of the rules regarding
prohibited firearms (as in, you aren't supposed to have
any except those grandfathered after dec 1 98, and you're
not supposed to sell them).
however...
Replicas are not a standing definition: replicas are
determined on a case by case basis, when there is a reason
to. This means a lot of the Airsoft you own are not
replicas YET, and this is where a lot of the confusion (and
hope) comes from. Realistically, you can expect any court
to judge that a given Airsoft gun is a replica, and thus
we have to practically consider them replicas. Legally,
the door is open a crack, however.
What's an imitation firearm?
Typically: Clearsoft. Cheap toy pellet guns. They can be
shaped like a gun, but would be made of clear plastic, or
bright orange, or significantly reduced scale (like a 50%
scale model). Orange barrel tips are a US law, and means
nothing in Canada.. Imitation firearms are handled
differently in each province. In Ontario, they can be sold
to people who are over 18 under the Ontario Imitation
Firearms Act.
but...
In the Criminal Code of Canada, imitation firearms are
ANYTHING that looks like a firearm, and include replica
firearms! The Ontario Imitation Firearms Act specifies
however that the imitation firearms that can be sold to
people over 18 cannot be replicas. There are some specific
wording issues here that are NOT resolved however, and the
provincial and federal laws are a bit at odds. The intent
of both laws are fairly clear, but it creates some
confusion.
Airguns look like replicas to me, what's the deal?
Airguns also occupy a legal grey zone. Crosman (a maker
of pellet guns) and the pellet gun industry/lobby enjoy
the implicit protection of the government. Even though
many of them could easily be classified as replicas, it is
overlooked because Airgun ownership has a history in
Canada that predates Airsoft, and special rules have been
carved out for them.
I
heard that if a gun shoots over 407fps and under 500fps
and something something something it could be
legal. Is this true?
The problem with setting out special rules for Airguns is
that someone had to figure out how to classify them, and a
few rules have been made to that effect. For starters, and
airgun that shoots over 500fps AND 5.7joules of muzzle
energy is considered a firearm, and requires a PAL. Any
airgun shooting under that is an airgun and obeys whatever
locals laws your province has (typically 18+). The hope
was that Airsoft could be classified as an airgun, but
generally the fact that they are replicas trumps this. If
the government's goal is to keep replicas out of people's
hands, which it was in 1998, then this is logical and
unfortunate. But also not carved in stone.
What
about the RCMP study that says bodily harm 408 fps
something something something they're airguns?
Someone can fill in the blanks about the RCMP report on
airguns that cause bodily harm over 408fps. Ultimately,
the replica nature of Airsoft trumps their classification
as airguns in this instance as well.
Can I import
Airsoft into Canada?
No, an individual cannot import airsoft into Canada. Not
just because Airsoft are considered prohibited devices,
but because replicas are specifically not permitted for
import by the CBSA (customs). If you try to bring
Airsoft across the border and it is discovered, at the
very least you should expect it to be seized, and you
could be faced with firearms related charges. Customs
isn't perfect and some Airsoft does get through by mail
or being driven across the border. I personally
absolutely recommend against trying this. Not only is it
expensive to lose your Airsoft, the potential
consequences might stick with you your whole life.
Don't break the law, period.
Who can import Airsoft into Canada?
Legal importation of replicas is possible with a
Firearms Business License. These are handled by
provincial Chief Firearms Officers, and are given to
businesses in law enforcement training, movie props
industries or even museums, among others. The license is
not difficult to get if you are legitimately in
business, and the conditions are not even very strenuous
for replicas. However, it is a small club of licensers
and licensees, and because it relates to firearms, the
licensing is not a joking process. Inspections do occur
and licensees will sometimes be at the whim of law
enforcement or the government: if a business with an FBL
is not playing by the rules, they are at risk of having
it revoked.
So with an FBL, I could import Airsoft into Canada?
Even with an FBL, strictly speaking, importing replicas
is only meant to be for the purposes of running the
business: a movie props company would import replicas
for a specific movie. Retailing is not permitted and was
never really considered in the FBL, because they are
prohibited devices. However, because the legal status of
replicas are mostly overlooked, many businesses with
FBL's were importing large amounts of Airsoft and
retailing them directly. This was never the intention of
the FBL and besides selling Airsoft is not legal, so it
is a tenuous situation.
What's the rule of 3 for importing?
Even though the FBL was supposed to allow you to import
replicas only for specific needs, it DOES allow
importers to bring in replicas at any time, but never
more than 3 of a particular model. This was really meant
to allow a business to fill the gaps in between big
special imports, but effectively it limits the potential
to abuse the FBL or to retail replicas. Not
surprisingly, it is very difficult to make a profitable
business when you can only legally import 3 of each
model per order, and this partially explains some of the
supply shortage or strange ordering practices you may
see at some retailers.
Why do so many retailers keep closing?
Airsoft Canada Armory closed because of legal pressure on businesses that
sold Airsoft in Ontario, although not on ourselves
explicitly. Local law enforcement reacted to several
incidents involving Airsoft and aggressively shut down a
few stores that sold Airsoft, and we did not feel comfortable
selling Airsoft, even to responsible individuals (and
many law enforcement personnel). Other retailers have
closed for similar reasons, or because of direct legal
pressure, or because importation - even legally - can be
tricky and there is a risk of losing a lot of money.
How come prices are high in Canada?
2 reasons: poor supply prices, and supply and demand.
Most importers do not import directly from the
manufacturer, but instead purchase through distributors
in Asia. Some companies will do business directly (such
as Classic Army) but others work almost exclusively
through distributors (such as Tokyo Marui). More
middlemen means more fingers in the pie, and Canadian
importers do not have the luxury of purchasing for ideal
prices. Often they will buy for prices not much better
than you yourself can get online. Furthermore,
overwhelming demand in Canada can lead to inflated
prices when they are sold here. Retailers
are Airsofters too, and we all share the same playing
fields, so we did not find the idea of jacking up prices
to make a buck off our fellow men appetizing. Nonetheless, a business must be profitable, and there is
very little basis for figuring out what reasonable
prices are: many retailers just make them up, and you
can't really fault them for it in such a small and
confusing market.
What's with the cheap Chinasoft guns, and how come
Classic Army and Tokyo Marui are so much more expensive?
The first and move obvious answer is that Chinese
knockoffs are always cheaper because they are just
copying existing designs without spending the money on
R&D. They are not, however, perfect copies. There
are many subtleties in manufacturing that simply copying
the design will no produce: techniques for making
materials stronger, or precision assembly to ensure
quality. Putting Porsche parts in a Civic is not the
same as buying a Porsche, although it can come close in
some respects. I would always recommend you spend your
money a quality built product, rather than a cheap
knockoff that you may end up having to replace entirely
when it chokes. Sometimes the price different can be so
great it makes the decision to buy higher class gear
questionable - just don't forget that you get what you
pay for.
However, there is a serious problem we cannot overlook,
which is that access to more and cheaper guns means the
likelihood of them ending up in the wrong hands is
higher and higher, and the status quo re: enforcement we
have "enjoyed" so far may change in the face
of an ugly incident. It's up to us to educate other
people in the safe handling and use of Airsoft and
replicas, otherwise one idiot could ruin the show very
quickly.
Has the law changed?
Not since 1998. Enforcement of the laws, and the real
and perceived pressure on retailers has definitely
increased. Several high profile seizures and raids on
Airsoft businesses in the last few years, for instance,
were not something we were used to dealing with 5+ years
ago. However, the law in 1998 effectively made Airsoft
illegal, but it did it in a very incomplete and
confusing way. You can still own the guns you have, but
you're not SUPPOSED to be able to buy more. Since you're
on this site, you know that reality does not reflect the
letter of the law. And thousands of responsible
Airsofters in this country are proof that the thread of
replicas is not what many might make it out to be.
So is the sky falling?
I hate this comment, and I hate it just as much when
people deny it because it misses the point: Airsoft will
not die a short and sudden death. It will either
gradually decline to oblivion or grow into acceptance.
The law is not on our side, but enforcement has not been
strongly against us at all. However, the community has
suffered from the recent increase in enforcement. There
are few if any high profile retailers left, and the
incentives for sticking your neck out to import or
retail are not so great. Most importantly, the number of
importers who are actively helping the Airsoft community
has diminished in the last 2 years. This could be cyclic
and we may see new importers and retailers filling the
void, but currently the situation is somewhat poor for
Airsofters.
Games will continue, and the Airsoft population is
exponentially bigger than it was 10 years ago. Airsoft
is a very long way from disappearing in Canada, but we
do tread a fine line enjoying this sport, so make sure
you educate people properly and we can continue to enjoy
it!
- Honest John from www.AirsoftCanada.com
|
