Air gun regulations

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I'm curious as I have been reading about some air guns available in other parts of the world.

As a high power air rifle is classified as a firearm, does it have the same regulation as a firearm in terms of construction.

Is full auto still illegal, or the ability to convert to full auto?

It seems this company sells both a paintball gun, and an air rifle that are built off the same base. They dont sell the parts to do the conversion though, you have to buy it as one or the other. Would that run into issues with legality?

Any help is much appreciated.
 
Not a lawyer but here is my take...if it shoots over 152.4 metres (500 fps) and/or a maximum muzzle energy of 5.7 joules (4.2 foot-pounds) it is considered a firearm and subject to all the laws and regulations involving them. If it is under those limits it is considered an unregulated firearm and not confined to those laws and regulations. However, the SCC recently ruled that ALL air guns are considered to be firearms (regardless of the previously mentioned limits) and subject to all the laws and regulations that firearms are with the exception of licensing if it is a sun 152.4 gun.

As an example, one cannot own a bullpup air rifle that exceeds the limits posted, however I do own a select fire (safe, semi and 6 round burst) air rifle that is a sub 152.4...so I really do not know how it works.

This link http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/air_gun-arme_air-eng.htm spells it out, however the RCMP have not changed this to reflect the recent SCC decision and it still states "These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act." and it is my understanding that all air guns must now comply with the safe storage requirements.

Just my two cents.
 
Im no expert so dont quote me but Air guns are only considered firearms if used in a crime. In other words, they arent really considered firearms, but they will incur the same charges as a firearm if used with criminal intent.

Since recent changes in regulation, all airguns must be stored like a regular, NR firearm (triggerlock min. Will do just fine, really).

These are the only paralells im aware of, and it stands to reason that if sub-500 FPS airguns are sold with full auto for airsoft skirmishes and whatnot, then over 500 FPS guns are good to go. Il look into it some more though and let you know what i come up with though.
 
Im gonna have to say Mephiskapeles probably has it right. For what its worth, i think the over/under 500 FPS regulations still stand to some effect, as all my towns airsoft shops still sell full autos in the 300-400 FPS range.
 
mephiskapheles6 said:
Not a lawyer but here is my take...if it shoots over 152.4 metres (500 fps) and/or a maximum muzzle energy of 5.7 joules (4.2 foot-pounds) it is considered a firearm and subject to all the laws and regulations involving them. If it is under those limits it is considered an unregulated firearm and not confined to those laws and regulations. However, the SCC recently ruled that ALL air guns are considered to be firearms (regardless of the previously mentioned limits) and subject to all the laws and regulations that firearms are with the exception of licensing if it is a sun 152.4 gun.

As an example, one cannot own a bullpup air rifle that exceeds the limits posted, however I do own a select fire (safe, semi and 6 round burst) air rifle that is a sub 152.4...so I really do not know how it works.

This link http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/air_gun-arme_air-eng.htm spells it out, however the RCMP have not changed this to reflect the recent SCC decision and it still states "These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act." and it is my understanding that all air guns must now comply with the safe storage requirements.

Just my two cents.
Click to expand...

Curious as to why you think you can't own a bullpup?

Aftermarket stocks are no-go, but manufactured bullpups are a-ok (tavor, RFB, etc)
 
kodiakjack said:
Curious as to why you think you can't own a bullpup?

Aftermarket stocks are no-go, but manufactured bullpups are a-ok (tavor, RFB, etc)
Click to expand...

Because I have done a lot of looking for a bullpup air rifle and have not been able to find one that is allowed into Canada. I even contacted the Firearms Lab and had them tell me that all the bullpups I was interested in were prohibited, FX Bobcat for example. It would seem that the air gun manufactures just put their existing rifle platforms into bullpup stocks and have not designed a bullpup platform where the action is integrated into the stock, like the Tavor and others.

There was one person on here that had a sub 152.4 bullpup, but I was looking for one that exceeded that limit.


Here is a thread I started a while ago about this.

http://www.canadiangunnutz.com/forum/showthread.php/1105143-Bullpup-Air-rifles
 
mbogo3 said:
Could it be the built in suppressor?
Click to expand...

The Firearms lab did mention that as well, however most FX airguns have those and I believe that if the suppressing material from inside is removed it is no longer an issue. I am waiting for an FX Royale 500 from Airgun Source and was told that is how it is allowed into Canada.
 
mephiskapheles6 said:
It would seem that the air gun manufactures just put their existing rifle platforms into bullpup stocks and have not designed a bullpup platform where the action is integrated into the stock, like the Tavor and others.
Click to expand...

What defines integrated? If the rifle has been modified to only fit into that bullpup stock from the factory than that would be integrated to me, because a existing rifle from the manufacturer would not do so.

So fully auto airguns/airsoft are ok because they fire below the 500fps speed?
 
RyderX said:
What defines integrated? If the rifle has been modified to only fit into that bullpup stock from the factory than that would be integrated to me, because a existing rifle from the manufacturer would not do so.

So fully auto airguns/airsoft are ok because they fire below the 500fps speed?
Click to expand...

The guy I talked to at the firearms lab told me that if it can be fired while not in the stock then the bullpup stock would be prohibited. I asked him that meant even if you had to jam a screwdriver into the action to make it fire and he said yes. From how I understand it, my Benji Trail, for example, could not have a bullpup stock because the trigger is attached to the barreled action and could be fired with the whole works out of the stock. If the trigger group was held next to the barrel by the stock, then a bullpup stock would be ok as it could not be fired when the stock was removed.
 
RyderX said:
So, if it fired below 500fps it would be ok
Click to expand...

I am not sure about that, I believe there are a couple of people on here that have sub guns in the bullpup style, but who knows for sure. All the bullpups that I have looked at, Edgun Matador, FX Bobcat, Evanix MAX etc...shoot over the limit so I am SOL.
 
kodiakjack said:
Curious as to why you think you can't own a bullpup?

Aftermarket stocks are no-go, but manufactured bullpups are a-ok (tavor, RFB, etc)
Click to expand...

I caught that comment too...

mephiskapheles6 said:
Because I have done a lot of looking for a bullpup air rifle and have not been able to find one that is allowed into Canada. I even contacted the Firearms Lab and had them tell me that all the bullpups I was interested in were prohibited, FX Bobcat for example. It would seem that the air gun manufactures just put their existing rifle platforms into bullpup stocks and have not designed a bullpup platform where the action is integrated into the stock, like the Tavor and others.

There was one person on here that had a sub 152.4 bullpup, but I was looking for one that exceeded that limit.


Here is a thread I started a while ago about this.

http://www.canadiangunnutz.com/forum/showthread.php/1105143-Bullpup-Air-rifles
Click to expand...

mephiskapheles6 said:
The guy I talked to at the firearms lab told me that if it can be fired while not in the stock then the bullpup stock would be prohibited. I asked him that meant even if you had to jam a screwdriver into the action to make it fire and he said yes. From how I understand it, my Benji Trail, for example, could not have a bullpup stock because the trigger is attached to the barreled action and could be fired with the whole works out of the stock. If the trigger group was held next to the barrel by the stock, then a bullpup stock would be ok as it could not be fired when the stock was removed.
Click to expand...

As highlighted, THE STOCK is banned, not the gun itself.
If someone creates a bullpup air rifle that isnt a retrofit add on stock, it will be fine.
 
Airgun laws in Canada are odd, to say the least. As someone pointed out earlier, if used in the commission of a crime (or attempt), any airgun, or replica gun for that matter, would result in the perpetrator being treated as if he had used a powder burning gun. Also, if an airgun has a muzzle velocity over 500 fps and a muzzle energy of 5.7 Joules or 4.2 foot pounds it is considered a firearm under the Criminal Code and the Firearms Act. (The muzzle energy limit was added to account for ultra light pellets that have a higher MV because of their light weight.) You don't need a PAL to buy a sub-500 fps airgun; you do to buy one that has an MV over 500 fps. You don't need trigger locks on non-PAL airguns, but they are advisable because many LEO's may not be fully familiar with airgun laws.

There are "fully auto" BB (not pellet) guns available. Some Canadians have bought fully automatic pellet rifles (yes, they do exist); but I suspect that, since the dealer that sold them no longer offers them, they are not available in Canada any longer. The one I'm thinking of (and seen in a video made by the prairie [?] owner shooting it) was a sub-500 fps model. It was an Evanix, made in Korea. Perhaps it was legal once and no longer is -- or at the very least is not worth the trouble of importing
 
Section 2 of the Criminal Code...

Definitions: Firearms...

“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 barrelled weapon and anything that can be adapted for use as a firearm;

So... that is the definition of a gun for all purposes in law. However, now that the CC says what a gun is, the rest of the Criminal Code sets out how and what the rules are for having a gun. And when those rules apply.

Section 84(3)... Exceptions... Certain weapons deemed not to be firearms

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

(a) any antique firearm;

(b) any device that is
(i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and
(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

(c) any shooting device that is
(i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and
(ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge
(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second (500fps) or at a muzzle energy exceeding 5.7 Joules, or
(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second (500fps) or an energy exceeding 5.7 Joules.

What does this mean???

- That an airgun is a firearm under the Criminal Code if it is capable of causing serious bodily injury or death.
- That under section 84(3), air guns are exempt from specific sections of the Criminal Code, those sections being 91 to 95, 99 to 101, 103 to 107 and 117.03 if the air gun can't exceed 152.4meters per second / 5.7 joules at the muzzle.

The Supreme Court didn't change this, they just made a ruling as to what constitutes the threshold for a firearm to be "capable of causing serious bodily injury or death". Most courts have found that any air gun with a velocity of more than 214 feet-per-second meets this threshold. It likely won't kill you at these speeds, but is capable of causing serious bodily harm. IE, you can shoot your eye out.

So... if your air gun shoots above 214fps, but less that 152.4meters per second / 5.7 joules, it is a firearm as per the definition of the criminal code. But it is exempt from Sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code. The rest of the Criminal Code sections respecting the use of a firearm apply to the use of an Airgun. So case such as use of an Airgun in a robbery, or during the commission of another offence, or possession while subject to a prohibition order or court order banning a person from the possession of firearms.

If your air gun exceeds 152.4meters per second / 5.7 joules, it is not exempt under 84(3), and is a Firearm controlled by the Firearms Act, and all the licencing and storage requirements there of.

See post below for what the exempted sections mean...
 
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For Firearms exempted under Section 84(3), the following sections of the Criminal Code do not apply.

Sections 91 - Licence and Registration Requirements

Section 92 - Licence and Registration Requirements

Section 93 - Possession in an Unauthorized Place

Section 94 - Transport in a Vehicle without Licence/Reg/ATT

Section 95 - Possessing a Loaded Firearm in an Unauthorized Place or Without Licence/Reg/ATT

Section 99 - Weapons Trafficking

Section 100 - Possession for purpose of weapons trafficking

Section 101 - Transfer without authority

Section 103 - Importing or exporting knowing it is unauthorized

Section 104 - Unauthorized importing or exporting

Section 105 - Losing or finding

Section 106 - Destroying (Failing to Report)

Section 107 - False statements (Re Loss or Theft)

Section 117.03 - Seizure on failure to produce authorization

If it isn't listed here, then the Criminal Code Section applies to airguns meeting the definition of a firearm under Section 2 of the Criminal Code.

Such as Section 86... Careless Use/Storage/Transport

86(1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

86(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

86(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and
(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.


Except no where does it state in the Criminal Code what constitutes safe storage of an airgun that isn't a Non Restricted, Restricted or Prohibited Firearm. So this one would be up for debate in the courts should a charge be laid against someone who "carelessly stored/transported/used an air gun" that was 84(3) exempt.

Hence why this would have been an important piece of legislation to have passed before the CPC got kicked out...

http://www.canadiangunnutz.com/foru...al-Code-(Firearms-Storage-and-Transportation)
 
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