confiscated replica firearm at the border

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mkaye

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a friend of mine had 2 Colt Peacemaker replicas (non-firing) confiscated at the border (he had no idea that they were going to be a problem - he is not a firerarms owner)
he appealed on the grounds that the Peacemaker is an antique firearm and should be exempt
he was refused because the Peacemaker was made in the 1930's
is there any other angle to use as an appeal?
he bought these & the holster on a road trip because they were kind of neat - he is over 60

mark
 
A replica of an antique is not a prohibited device. How can it be established that these are replicas of a 'pre 98 or post '98 Single action?
How is the cylinder pin retained? If it is a screw from below, that would simulate the "black powder frame" and should establish that the device is a replica of an antique. All black powder frame SAAs are pre 98. If the cylinder pin is retained by a lateral plunger, this system was used pre and post 98, so antique status would be ambiguous.
That is about the only way I can think of that a case could be made that these replicas are not prohibited.
 
I belive it say that a replica firearm is prohibited . I dont think there anything saying about the age of the firearm
 
Correct. Your government knows that there are hordes (hordes I tell you!) of gang bangers just waiting for SAA replicas to make it across the border to enable their violent drug absorbed rap listening life style. Well, maybe not hordes, but probably a couple of guys in duck green coats with toques. Or maybe a guy in a polyester leisure suit looking to spruce up his rec room wall. In any case, yes, replicas are prohibited. - dan
 
in the latest issue of legion magazine there is an advertiser selling replica revolvers and the return address is in ontario. these replicas are of antique "old west" style weapons. i had read where replicas were prohibited and thought of contacting legion informing them, but imho, this topic is so rediculous......making people paper criminals, while the thugs carry on as usual....sickening
 
There is a possibility that confusion lies around the term of replica antique. A replica antique, if capable of firing a projectile with use of either black powder or smokeless powder is still considered as a firearm with the applicable laws. Having said that, there are also replica antique firearms which are merely die cast replicas not capable of firing but resemble the real thing in many ways.
Heres what the CFC has to say about it:
Here is some information on how the Firearms Act and Criminal Code apply to replica firearms. A replica firearm is a device that is not a real firearm, but that was designed to look exactly or almost exactly like a real firearm, other than an antique firearm.

Replica firearms are prohibited.
To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm. If it looks like an antique firearm, as defined by the Criminal Code and Criminal Code Regulations, it is not prohibited.
The Canada Firearms Centre receives many enquiries from people wondering whether an imitation firearm would be considered a replica if it resembles a real firearm in many ways, but it is made of clear or brightly coloured plastic, or is much smaller in size.

Many of these devices need to be assessed case by case. As a general rule, however, those made out of clear plastic and those that are a lot smaller than the real firearm are not prohibited replicas. Those that are brightly coloured might be prohibited, depending on other features. If you have any questions about a particular imitation firearm, call 1 800 731-4000, ext. 1090, for assistance.
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You may advise him to seek assistance in recitfying the situation if in fact it is a non firing replica.
Cheers
dB
 
I don't know about SAA replica, but i know for sure that flintlock pistol "replica" aren't prohibited. They're antique replica for sure!

According to firearm center, a colt SAA isn't considered a replica, even if it's a pre-1898 model, if it fire a commonly available cartridge like .45 colt or 44-40 (!). So i guess that a colt SAA replica is prohibited.
 
streetsweeper said:
in the latest issue of legion magazine there is an advertiser selling replica revolvers and the return address is in ontario. these replicas are of antique "old west" style weapons. i had read where replicas were prohibited and thought of contacting legion informing them, but imho, this topic is so rediculous......making people paper criminals, while the thugs carry on as usual....sickening
Click to expand...

If they are "old west" style replicas, chances are they're not classified as replicas under the law, but rather antiques and thus completely legal to sell and posess. You would have to provide the exact models to find out of they are prohibited devices or antiques.
 
You can appeal, but if CBSA doesn't want to release it/them they won't - they don't really have to follow the law, they can cite agency policy and even if you conclusively prove you're right they can still say no. So, don't forget to be polite.
 
I know I'm preaching to the choir... but I just can't get over the ridiculousness of it all... someone wants a non firing pot metal copy of an old gun to hang on the reck-room wall & they can't even bring it into the country without a hassle?

Fer Christ's sake can't they just focus on the smuggler's bringing in real guns illegally and leave the non-issue wall hangers alone????? :jerkit:
 
It is my understanding that the term replica in the law is used to describe a "movie" firearm. That is to say, a firearm that has a moving action and shoots blanks for the use in film or stage acting.

Even with your Rpal, you are prohibited from owning these. I recall you need a special props job title to be in care and control of a replica. The companies that rent them out have a special license to own replica's.

Way to go Canadian law makers! :jerkit:
 
I wonder if it had a "high capacity" cylinder;)

On that note, when our reenactment group went to the Citadel for the "Changing of the Guard" last year, Customs held on to the Owen Jones revolvers, but the Martini's and the Gatling gun came through with no problem.
The Citadel had to send people to the border to pick up the revolvers.:rolleyes:
 
Ceska said:
It is my understanding that the term replica in the law is used to describe a "movie" firearm. That is to say, a firearm that has a moving action and shoots blanks for the use in film or stage acting.

Even with your Rpal, you are prohibited from owning these. I recall you need a special props job title to be in care and control of a replica. The companies that rent them out have a special license to own replica's.

Way to go Canadian law makers! :jerkit:
Click to expand...

You'd be wrong.The guns we use in movies are almost all real.Since they have not been dewatted, they are still classed as real.Replicas are not nessisarily only for the film industry.
We do sometimes use airsoft guns and they are prohibited.The props people need a buisness firearms liscence and a pal in order to keep them.
 
Well I know that for certain films it was exactly as I stated. I'm no movie making expert by any means however.
 
"If it fired a pellet at less then 500fps it would be legal no matter what it looked like....."

Not at all true.

My HK mk23 airsoft was nabbed by the Stasi as it does not fire a pellet which is dangerous. If it did fire a pellet that was dangerous like my Crossman 357 then it would have been ok.

Thinking isn't a priority in Canaduh.
 
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