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Thread: Possession of a weapon dangerous to the public peace?

  1. #21
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    This is an old law. I recall a guy caught bashing a mail box with a baseball bat was charged with this offence. If I recall correctly, the "weapons" charge was dropped, but he was convicted for public mischief and willful damage.

  2. #22
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    Quote Originally Posted by G.Mitchell View Post
    Depends on the FPS. If they can do harm they’re legal like BB guns. If they can’t they are illegal replicas. Makes sense right?
    Airsoft guns aren't replicas. Functional or not they are still airsoft guns which are legal as long as they are not used for a criminal purpose. Of course it doesn't make sense. The whole airsoft legality thing is one of the most ridiculous and confusing parts of Canadian firearm legislation. I once had a friend of mine who is a Crown attorney call me for an explanation of what was and wasn't criminal about airsoft possession and importation as she couldn't make heads or tails of the legislation.

  3. #23
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    There's definitely going to be more to this story than what is being told. Don't panic or get alarmed, police have much better things to do than go after good people with airsoft. Do you really expect our liberally censored media to give an accurate account of what happened? There would have to be much more than some good ol kids playing with toys to get charged here. I'm sure police considered who they were dealing with ( probably people well known to them) and what was actually happening. Don't forget people's if you're a law abiding gun owner, the media portrays you as evil. If you're a criminal with a gun, our liberal media will paint you as a loving father of 6 kids, not known to him who had a troubled life and mental Illness and addiction issues, all caused by failures of the government and we should not incarcerate but give hugs and money and allow them to carry on victimizing good people. Let's have faith in our system and not in our censored media.

  4. #24
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    A few years ago, my spouse was looking out the window of the low-rise office tower and noticed a couple of cars in the otherwise deserted parking lot. The occupants were standing around, passing about and examining a handgun. She was rather surprised at what she was watching, and somewhat nervous. Someone in a different office, or perhaps a passing vehicle obviously felt more strongly about it as within a few moments, a number of the local constabulary swarmed them and had them on the ground in a full-on take-down. They were not messing about.

    It turned out to have been an airsoft pistol in the end but to any onlooker from a distance, it looked no different than any other handgun. It's pretty hard to blame the people that call the police when they see #### like this, but getting charged like the folks in the OP's story is a definite over-reach. It's like they're PO'd that they got all jacked up for a confrontation only to find some kids with a toy so they do their best to punish them.

  5. #25
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    Please keep in mind that only a week ago the province of Nova Scotia suffered 22 innocent people murdered. For obvious reasons people are still a little on edge. This is probably a timing issue. Two weeks ago, probably little reaction, not now.

  6. #26
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    Two things the crown has to do, prove:

    Their actions were dangerous to the public peace.

    Possession of a weapon.

    How do they prove the former, without proving the latter. Proving the latter means proving a airsoft is a weapon. Airsoft does not meet any definition of "weapon" in the firearms act. Would be interested to know about any other legislation.
    A free society must outlaw harming innocent people to function, but when we seek to curtail what all of us can do, rather than holding each of us responsible for what we actually do, we give up on freedom itself.

  7. #27
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    kids have been shot pointing squirt guns that looked like real guns at police.
    I believe when I was in my teen years this happened in Vancouver..... or port coquitlam?
    still this incident reeks of over reach and waste of police resources.
    The picture with the officers pointing patrol carbines through the windows like that kinda surprised me considering the crowed parking lot.
    Would have expected to see pistol and shotgun for that kind of public area.
    couple a real cowboys saving the public from toy wielding uber criminals. LOL
    ***** FREE THE WEST *****

  8. #28
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    Quote Originally Posted by 45ACPKING View Post
    kids have been shot pointing squirt guns that looked like real guns at police.
    I believe when I was in my teen years this happened in Vancouver..... or port coquitlam?
    still this incident reeks of over reach and waste of police resources.
    The picture with the officers pointing patrol carbines through the windows like that kinda surprised me considering the crowed parking lot.
    Would have expected to see pistol and shotgun for that kind of public area.
    couple a real cowboys saving the public from toy wielding uber criminals. LOL
    People get shot for "pointing" wallets and cell phones at police, too. Anything looks like a weapon and you have to keep that in mind if you go out in public.
    Bomb 'em back to the stone age. ... Curtis Lemay

    Tax 'em back to the stone age. ...Justin Trudeau

  9. #29
    CGN Ultra frequent flyer kodiakjack's Avatar
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    Quote Originally Posted by G.Mitchell View Post
    Depends on the FPS. If they can do harm they’re legal like BB guns. If they can’t they are illegal replicas. Makes sense right?
    Quote Originally Posted by G.Mitchell View Post
    I’m aware of that. More speaking to the foolish way they classified airsoft guns...

    A little more clarification from the horse cops. (Note: not “being able to do harm” does not automatically make them prohibited as replicas. You’ll note the term “with near precision” used frequently.)


    “ Air guns
    There are two general types of air guns (also known as BB guns, pellet guns, spring guns or air soft guns):

    air (pneumatic system)
    spring (spring-air)
    A third type, gas (CO2/nitrogen), even though they are not "air guns," are subject to the same rules set out below.

    For purposes of the Firearms Act and the Criminal Code, air guns can be further divided into four categories.

    Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code
    These are air guns with both a high muzzle velocity (greater than 152.4 metres or 500 feet per second) and a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds). Air guns need to exceed both thresholds to be classified as firearms for purposes of the Firearms Act.

    These high-powered air guns are subject to the same licence and registration requirements as a conventional firearm. Owners and users must store, transport, display and handle them safely in accordance with the regulations supporting the Firearms Act.

    The manufacturer's specifications are usually used to determine what muzzle velocity and muzzle energy an air gun was designed to have. The user's manual or the manufacturer's website may provide this information. If the information is not available, you should contact the Canadian Firearms Program (CFP) and ask to speak to a firearm technician to find out if the air gun is considered to be a firearm for purposes of the Firearms Act.

    High-powered air rifles are generally classified as non-restricted firearms. However, the classification depends on the exact design of the air gun. Air rifles manufactured to resemble an assault rifle could be non-restricted, restricted or prohibited depending on the exact model imitated. High-powered air rifles would also be prohibited firearms if fully automatic or if they have a sawed-off barrel. They could also be restricted firearms if they have a folding stock that reduces the overall length to less than 660mm.

    Air guns that meet the Criminal Code definition of a firearm, but are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code
    These are air guns with a maximum muzzle velocity of 152.4 metres or 500 feet per second and/or a maximum muzzle energy of 5.7 joules or 4.2 foot-pounds. Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate.

    However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.

    The simple possession, acquisition and use of these air guns for lawful purposes are regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.

    These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that you take reasonable precautions to use, carry, handle, store, transport and ship them in a safe and secure manner.

    Air guns that are replica firearms
    These are air guns not powerful enough to cause serious injury or death, but designed to resemble a real firearm WITH NEAR PRECISION. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.

    In particular, some air guns commonly known as air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal.

    An airsoft gun, firing a .20g 6mm plastic pellet with a muzzle velocity below 111.6 m/s (366 fps), and resembling with near precision an existing make and model of a firearm, other than an antique firearm, is a replica firearm and therefore a prohibited device.

    Although replica firearms are prohibited, individuals may keep those they owned on December 1, 1998. You don't need a licence to possess them, and they do not need to be registered. However, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, it will not be allowed back in.

    The Criminal Code sets out penalties for using a replica firearm or any other imitation firearm to commit a crime.

    The CFP receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape, but it is made of clear or brightly coloured plastic, or has significant dimensional differences. Many of these devices need to be assessed on a case-by case basis. As a general rule, however, devices significantly smaller or larger than the real version are not classified as replica firearms.

    Air guns that are neither firearms nor replicas
    These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child's toy. Like replicas, they generally fall within the definition of an "imitation firearm" and may be subject to some penalties under the Criminal Code IF used to commit a crime.

    “Ya, I too keep a powerful flashlight in my bedside dresser. Although, I have mine mounted to a home security device that has an audio-visual indicator that informs intruders that they’ve entered the wrong house and are also bleeding from the chest.”

  10. #30
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    Quote Originally Posted by uglydukwling View Post
    People get shot for "pointing" wallets and cell phones at police, too. Anything looks like a weapon and you have to keep that in mind if you go out in public.
    And watch that stapler at Airports, could kill ya!......
    "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

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