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Originally Posted by Daiba  This...makes absolutely zero sense. Not your post, the law.
What's the reasoning behind banning something that's harmless? |
From what I gathered from my contact(s) within the CBSA, it has something to do with law enforcement. I think they would rather have police shoot a person armed with a firearm than gun down some kid with a replica. Another odd facet to the law is that replicas of vintage firearms are allowed, for some odd reason... this means I COULD, in theory, legally obtain a .55 cal paintball marker based on an old muzzle loader.
In Canada, airsoft is technically illegal in its common form. 1:1 scale, true colour, airsoft guns are illegal, you can only sell them if they are clear or off size ratio.
After talking to the border services, and reading the legal code, it seems that paintball in Canada is in a grey area that has not been redefined since the sport started. The rules enforced now are still based on the idea that paintball is played with stacked tube markers that look NOTHING like real firearms.
I am going to copy my original warning post from A5OG.net that I wrote a while back. I have forgotten some of the details since then, but this is a good explanation of our crazy laws:
******COPIED FROM A5OG.NET********
I am posting this thread with the knowledge I have gained over the last few months in dealing with the Canadian Border Services Agency (CBSA). I was attempting to import a Crosman 3357 that I purchased on eBay when it was seized by the CBSA. I am currently undergoing an appeal to have the regulations involving this somewhat grey area in the Canadian legal system.
For starters, here are some rules that the CBSA enforce:
- Replica paintball markers chambered for a .68 cal paintball are legal to import and own in Canada.
- Replica paintball markers chambered for any other caliber of paintball (the 3357 is .50) are illegal to import and own in Canada. The old Sheridan guns that are chambered for .60 and .62 are fine as they are little more than stacked tubes.
- ALL replicas of firearms (not including antiques, which are legal) are illegal to import and own in Canada.
- Airsoft using 1:1 scale replicas of actual firearms is illegal in Canada (this includes importing, owning, and playing). Airsoft is only legal IF the guns are not 1:1, and they MUST be clear plastic
The regulations state that ANY actual or replica firearm (and paintball markers are considered "unregulated firearms" in Canada) MUST have a muzzle velocity of AT LEAST 500 fps (they lower it to 407 fps in special circumstances) AND/OR release a specific amount of energy upon impact. The energy part is the saving grace of .68 cal replicas; they release enough energy upon impact. The problem is that the smaller the paintball, the faster it has to go to release the same amount of energy.
Their reasoning for this is the danger involved with the widespread use of realistic, yet relatively harmless firearms, i.e. kids playing airsoft get shot by police when they show up and the kids hesitate dropping their guns.
My 3357 is currently waiting in line at the RCMP gun lab in Ontario to undergo balistic testing. They are going to shoot a pig's eye with the 3357 to determine it's energy. If the 3357 can cause damage to the pig's eye, it will be classified as an "unregulated firearm", considerered a dangerous weapon, and be shipped to me so I can own it without any sort of license. If it fails to cause any damage to the pig's eye, it will be "seized by the Crown".
This means that:
- Any non-.68 caliber paintball gun that cannot exceed 500 fps or the minimum kinetic energy will be seized.
- Airguns that are modeled after any type of real firearm will be seized.
These are only rules of course; the CBSA has stepped up their searches of packages, but some still get through. This means that, for example, the RAP226 is not legal for import, despite there being more than a few in the country. Also, some stores, including big-box stores, carry restricted weapons. Essentially, once they cross the border, little or nothing can be done as it is mainly the CBSA that enforces the regulations. An example of this is when I talked to a CBSA officer on the phone, and she tried to convice me that there are absolutely NO paintball guns of any type in Canada... anywhere. I somewhat less than politely explained that if you go to any Canadian Tire or Walmart in any city in this country, they have dozens, if not hundreds, in stock. This is somewhat of a contradiction in their policy.
Apparently these rules are not widely known as they form somewhat of a grey area in paintball. Paintball is a relatively new concept in the legal system, and they have yet to really tailor the rules to it. Instead, ridiculous rules exist that do not make alot of sense. If my marker passes the test in order to be classified as an "unregulated firearm", I will push for appeal, and hopefully start something that will eventually result in the adoption of new, more up to date, regulations. *fingers crossed*
As an example of how many guns are seized every day, the first CBSA officer I spoke to had seized several RAP guns and a $1500 airgun replica of a Walther P99, MADE BY WALTHER, that morning alone.
I hope this helps someone out. I may or may not get this marker, so I am out $200, but maybe it will stop someone else. And remember, just because you may or may not have a restricted item in your posession because you lucked into it before does not mean it will not get searched if you do it again.
Cheers.
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