Full auto BB gun legal?
- Thread starter westwest
- Start date
Ok thanks for the info! Last question.... Replica airguns in canada are illegal....!? Just reading up in the laws and it states that replica BB guns are illegal.. How do they determine what's a replica or not? Arrest and
Charge you and let a judge decide?
Charge you and let a judge decide?
Check out this
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/air_gun-arme_air-eng.htm
In short if it is shooting between 366 fps and 500 fps it is not a replica.
As for "Arrest and charge you and let a judge decide" Well that is standard procedure for police in any encounter that the police thinks there is a chance your in the wrong. Even if your in the clear.
Moe
Paladin308
CGN frequent flyer
- Location
- The Man Cave
Firearms under 500fps and 5.7 joules are not subject to classification, they are what's commonly known as "uncontrolled firearms" and do not fall into any of the standard three categories (non-restricted, restricted or prohibited) regardless of action type, semi auto, full auto or barrel length. It should also be noted however, that replica firearms, defined as anything closely resembling a real firearm without actually being a firearm, are prohibited devices. In order to be a firearm it must meet the criminal code definition, a barrelled weapon capable of expelling projectiles with sufficient force to cause gross bodily injury or death. The common standard for gross bodily injury is penetration of the eye. As such, if your BB gun is capable of shooting someone's eye out, but does not shoot over 500FPS or 5.7joules it is neither a replica nor any form of controlled firearm. It is not subject to classification, there is no licencing requirement, or storage or transport regulations. That said, they are still considered weapons, so offences like carrying a concealed weapon still apply.
Paladin308
CGN frequent flyer
- Location
- The Man Cave
366FPS applies specifically to airsoft guns, since that's the speed at which a 6mm 0.20g BB will penetrate the eyeball. Steel BB or pellet guns have different velocity requirements because they'll penetrate at different speeds.
Anything under 500FPS and 5.7 joules is not a controlled firearm, so the licencing, classification, storage and transport regs do not apply. Anything that closely resembles a firearm but is incapable of causing gross bodily injury (penetrating the eye) is a replica and therefore prohibited. So if it can shoot someone's eye out, but does not shoot over 500FPS or 5.7joules it's legal.
Not entirely true..."On Wednesday, November 5, 2014 the Supreme Court of Canada issued its ruling R. v. Dunn, finding that most air guns are considered “firearms” for all purposes in the Criminal Code except for licensing and registration."
- Location
- East of Home, West of the Rest
It is a firearm under the Criminal Code Section 2 definitions. It is exempted from portions of firearms act under section 84 (3) meaning it doesn't need a licence to possess it and a few other details.
Hence why it isn't a replica. It's a gun, just not one meeting the threshold of one that is regulated by the firearms act.
Read section 84 (3). It is enlightening.
- Location
- East of Home, West of the Rest
84 (3) existed before the supreme court clarified what a firearm is. Really the SC simply ratifies what the low end FPS was that defined "causing grievous bodily harm or death". That was found to be around 230 fps as a pellet to the eye will result in the loss of the eye, which is grievous bodily harm, and thus meets section 2 of the criminal code for the definition of a firearm.
So, that 230ish fps to 500fps is "not a firearms act applicable firearm" as exempted by section 84 (3), but still a criminal code applicable firearm.
Nouseforaname
Member
- Location
- Brandon, Mb
An air gun is classified as a firearm only when over 500 fps and over 5.7 joules, has to be both.
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/air_gun-arme_air-eng.htm
- Location
- Nova Scotia
The reason that certain "replica" BB guns such as the previously mentioned Uzi (or my personal favorite Sig Sauer P226) are "legal' is that they meet the Criminal Code definition of a firearm. That is: point one at somebody to scare them or use one to rob a store, it's the same charge as using a 'real' gun.
And in a sort of twisted logic, if it is considered a firearm the it can't be considered a replica firearm.
Maybe worse, most people also don't know that a recent court case (BC, I believe) ruled that air guns are subject to Safe Storage and Transportation regulations.
And in a sort of twisted logic, if it is considered a firearm the it can't be considered a replica firearm.
Maybe worse, most people also don't know that a recent court case (BC, I believe) ruled that air guns are subject to Safe Storage and Transportation regulations.
