Good Morning,
Your question was forwarded to the Firearm Technology Unit for response.
I have included a link to the Canadian Firearms Program website below for some general information on the subject. It will be important to note that the CFP website uses plain language for ease of understanding and that any interpretations should be made from the original text of the Criminal Code and supporting regulations. The full text of the Criminal Code can be found here: Criminal Code (justice.gc.ca)
CFP website: https://www.rcmp-grc.gc.ca/en/firearms/specific-types-firearms
Many air guns below 500fps are still considered to be firearms as they still meet the Criminal Code definition as a barrelled weapons capable of causing serious bodily injury. These firearms are exempted from certain regulations (such as licensing and registration) but are considered "firearms" and cannot be considered "replicas" as a "replica" is specified to be a device which is NOT a firearm.
Certain models of air guns or pellet guns which have a very low velocity and are NOT capable of causing serious bodily injury (commonly interpreted in law as the rupture of the human eye) may be considered replicas as these are NOT firearms as defined in the Criminal Code (relevant excerpts copied below for your reference).
Criminal Code section 2
"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; (arme à feu)
Criminal Code 84(1)
replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)
Criminal Code 84(3)
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:
(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.
These determinations are made based on the velocity and muzzle energy of each model, if you have questions regarding a specific air gun please provide a specific make and model so that we can advise accordingly.
Elizabeth (Liz) Etter
Firearm Technology Unit / Specialized Firearms Support Services / Canadian Firearms Program
Royal Canadian Mounted Police / Government of Canada
firearmident@rcmp-grc.gc.ca / Tel: 1-800-731-4000 ext 1090
Group de la Technologie / Services spécialisés de soutien en matière d'armes à feu / Programme Canadien des armes à feu
Gendarmerie royale du Canada / Gouvernement du Canada
firearmident@rcmp-grc.gc.ca / Tél. : 1-800-731-4000 ext 1091
cid:image001.png@01D7C0E2.295F91F0
Your question was forwarded to the Firearm Technology Unit for response.
I have included a link to the Canadian Firearms Program website below for some general information on the subject. It will be important to note that the CFP website uses plain language for ease of understanding and that any interpretations should be made from the original text of the Criminal Code and supporting regulations. The full text of the Criminal Code can be found here: Criminal Code (justice.gc.ca)
CFP website: https://www.rcmp-grc.gc.ca/en/firearms/specific-types-firearms
Many air guns below 500fps are still considered to be firearms as they still meet the Criminal Code definition as a barrelled weapons capable of causing serious bodily injury. These firearms are exempted from certain regulations (such as licensing and registration) but are considered "firearms" and cannot be considered "replicas" as a "replica" is specified to be a device which is NOT a firearm.
Certain models of air guns or pellet guns which have a very low velocity and are NOT capable of causing serious bodily injury (commonly interpreted in law as the rupture of the human eye) may be considered replicas as these are NOT firearms as defined in the Criminal Code (relevant excerpts copied below for your reference).
Criminal Code section 2
"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; (arme à feu)
Criminal Code 84(1)
replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)
Criminal Code 84(3)
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:
(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.
These determinations are made based on the velocity and muzzle energy of each model, if you have questions regarding a specific air gun please provide a specific make and model so that we can advise accordingly.
Elizabeth (Liz) Etter
Firearm Technology Unit / Specialized Firearms Support Services / Canadian Firearms Program
Royal Canadian Mounted Police / Government of Canada
firearmident@rcmp-grc.gc.ca / Tel: 1-800-731-4000 ext 1090
Group de la Technologie / Services spécialisés de soutien en matière d'armes à feu / Programme Canadien des armes à feu
Gendarmerie royale du Canada / Gouvernement du Canada
firearmident@rcmp-grc.gc.ca / Tél. : 1-800-731-4000 ext 1091
cid:image001.png@01D7C0E2.295F91F0
