Not so fast. Pawlivsky thought the same thing.
Regina v Pawlivsky D.C. Cr. App. No. 57
1... Loaded pellet pistol in car. Visible. Window partly open. Car door could be opened. Careless.
2... There is a duty upon every possessor of a firearm to guard against the possibility of it being used, deliberately or accidentally, in a manner which would, except in lawful circustances, endanger the lives or safety of other persons.
---- I'll borrow here from Todd Cooper, as he said it quite well, and I see no reason to reinvent the wheel.---
Some airgunners assume a non-PAL airgun is not considered a firearm. Let's look at what the Criminal Code of Canada says.
Firearms Act from Criminal Code
http://laws.justice.gc.ca/en/showdoc/cs ... o-ga:l_III
Section 84 (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:
(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 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 or an energy exceeding 5.7 Joules.
This seems to say that a non-PAL airgun is not considered a firearm when dealing with CCC sections: 91, 92, 93, 94, 95, 99, 100, 101, 103, 104, 105, 106, 107 and 117.03. Can we assume that for all other sections the non-PAL airgun is considered a firearm? That's what the CCC seems to be saying.
Here are some sections that are not in the exemption list for non-PAL airguns.
85 - Using firearm in commission of offence
86 - Careless use of firearm, etc.
87 - Pointing a firearm
88 - Possession of weapon for dangerous purpose
89 - Carrying weapon while attending public meeting
90 - Carrying concealed weapon
96 - Possession of weapon obtained by commission of offence
98 - Breaking and entering to steal firearm
102 - Making automatic firearm
This section seems to apply to non-PAL airguns:
Careless use of firearm, etc.
Section 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.
It appears as though a non-PAL airgun is still a "weapon" and although some sections of the Criminal Code do not apply, many sections still do. _T.Cooper
