Entries in .68 cal,Gun Law

Cross Border Airgun Trip Almost Lands Me in Jail

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OK, right off the bat the title for this post is a bit dramatic but if it gets me a few extra hits why not!

So I went south across the boarder to pickup a few air guns supplied to me for review by UmarexUSA. Umarex is not comfortable sending airguns to me directly in Canada so I have Umarex send it to a place close to the boarder in Blaine that ships and receives items.

Todays trip I was bringing back a couple air guns - the Umarex SG9000 BB Shotgun and the Umarex S&W M&P 45. Both of which shoot under 500 fps and have an energy value of less then 5.7 Joules which classifies them as Un-Controlled Firearms in Canada. And what does this mean? The short of it is that in Canada we are not allowed "Replica guns" and so there are some Police and Border Guards that believe any airgun that looks like a real gun is a "replica gun" and so it is illegal to own or import into Canada.

It is kind of complicated but we have provision in our Canadian Firearms Act that addresses this issue but as I found out today, not all Border Guards are aware of this. Now I do not want to bad-mouth our Canadian Border Guards, for the most part they are very fair and they are just doing their job to the best of their ability.

Here is a link to the entire Memorandum that addresses this issue if you want to read it all (reference: CBSA Memorandum D19-13-2  pages 8-16)

Here are the parts that are important to my story!

Replica Firearm: 

  • A device that resembles a real firearm but cannot fire a projectile, or its projectile cannot cause serious bodily harm.  Replica firearms are prohibited devices (most AEG's and GBB pistols).  Prohibited devices are not the same things as prohibited firearms.

Firearm: 

  • A barrelled device firing a projectile able to cause serious bodily harm. For CBSA's purpose, all firearms are separated into either controlled firearms, or un-controlled firearms.

Controlled:  

  • A firearm with muzzle velocity above 500 FPS AND muzzle energy above 5.7 Joules.  Serial number, registration, Firearm Possession and Acquisition License (PAL) are required to import / purchase and possess any controlled firearms

Un-Controlled: 

  • A firearm with muzzle velocity below 500 FPS OR muzzle energy below 5.7 Joules.  There is no serial number, registration, license or permit required to import / purchase / own such un-controlled firearms

Exception:

  • The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
  • (a) an air gun or BB/pellet gun that resembles a real make and model of a firearm may not be a replica firearm if it is an “uncontrolled” firearm (see “Uncontrolled” firearms).

Sorry to make you read that but it is imperative to the rest of my story so that you understand that a Metal BB or Pellet gun that shoots under 500 fps with an energy level below 5.7 Joules is in fact an Un-Controlled Firearm or a barrelled device firing a projectile able to cause serious bodily harm and can in fact resemble a real make or model of firearm.

Unfortunately I did not print off Memorandom D19-13-2 (Note to self... Print it off before heading across the boarder to pickup Air guns!). Now last time I had no problems at all bringing my Umarex PPQ across the border, I guess my Border Guard that time was on the up and up?

Well this time I got sent right into the main building for "Question and Answer Time".

They took a look at the air guns and came back and said, "I can't let you keep these airguns because they are Replica guns."

So I said, "They are not Replicas, they are Un-Contorlled Firearms making them in fact not a Replica but an actual Firearm.

So they said, "Our documentation says that any airgun that looks like a Firearm, is a Replica and we do not classify airguns as Firearms".

So I said, "So all the places in Canada selling Replica Airguns are doing so illegally and if so, how are they getting all these guns past you guys?"

We went back and forth on this for about a half an hour and I was not disrespectful to the Border Guard and he also took the time to hear me out. After he realized that I was more then just your average uninformed tourist returning from vacation with an airgun keepsake, he went into the back and returned to tell me he had good news. "You can keep your air guns" he said! He had spoken with another Border Guard who knew more about the Airgun - Replica laws and was set straight on the confusing matter.

Yes it was a bit stressful at the time but I still have all my faith in our Border Guards, they where not in any way rude to me, but keep in mind I was not disrespectful to them either. It kind of makes you wonder how many fully legal airguns get confiscated at the border and more then likely destroyed?

So anyways - the good news is I have two more Umarex products that I will be reviewing very soon. So make sure to checkout the Umarex SG9000 BB Shotgun and the Umarex S&W M&P 45 when I do their upcoming reviews.

Categories: 4.5mm / .177 cal, BB, CO2, Gun Law, Pellet, Pistol, Replica Airguns News, Rifle, Semi Auto Tags: S&W M&P 45, SG9000, Umarex

My Umarex Walther PPQ CO2 Pellet Pistol Adventure

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I had a little adventure today. I needed to pick up an Umarex PPQ CO2 Pellet Pistol sent to me for review purposes by Umarex USA. The reason it was such an adventure was because Umarex USA was only able to send the PPQ Pellet Shooter to an address in the US and I live in Canada! No problem as I am very used to this No-Canada ship-to policy with many businesses. My work around is to ship to a warehouse in the US that specializes in shipping and receiving products for Canadians just like me.

I recently picked myself up a little 250cc Kawasaki KLX250SF Super Motard for doing my running around and today the weather was actually pretty good so I called up a riding buddy and out we went to pick up my Umarex Walther PPQ. The hardest part is actually getting into the US, if you say anything about business or picking "going to get something", you open yourself up to a hailstorm of questioning so you're always better off to go with the standard "I'm going shopping at the mall" or something like that. I have tried to be honest and every time it ends up being a three hour interrogation... 

So I made it across into the US and picked up my PPQ, stuffed it in my backpack, grabbed some Mexican food for lunch (it's always way better in the US), went for a joy ride, and then we headed back to Canada with my airgun tucked away securely in my backpack.

I know my airgun laws so I was not worried about crossing back into Canada, the worst that could happen at the boarder was getting pulled aside and asked to pay some duty and/or taxes. It was actually kind of funny because the boarder guard asked me to pull the gun out and hand it to him so he could check it out and make sure it wasn't a real gun or "Replica" non-shooting gun.

As I put my hand in the bag I said "do you want me to hand it to you", I wanted to makes sure I had not misheard him, that would have been an uncomfortable situation all around! I was thinking the whole time "I wonder what the people behind me are thinking" as we pass back and forth what looks like a real hand gun and then I just drive off like nothing happened.

Anyways, I have to say the Canadian boarder guards are generally really good about this kind of thing as long as you are honest with them and stay within the law of course.

So now I have this rather nice little pellet shooting Walther PPQ Replica to review for you all tomorrow! Make sure to check out my review! I plan on doing a full review complete with Chronograph fps and an accuracy shooting tests.

 
Categories: 4.5mm / .177 cal, BB, CO2, Gun Law, Pellet, Pistol, Replica Airguns News, Semi Auto Tags: PPQ, Umarex, Walther

Is an Air Gun, Blank Gun, Airsoft gun a Firearm in Canada?

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Can you tell which one is "Real" and which one is an "Air Gun"?

There seems to be a lot of confusion about what is a Firearm, especially in Canada because we have some confusing laws in this area.

First off, I am not an expert on this and this article is just my own personal understanding of how this works so don't quote me on it!

What is the definition of a Firearm? This is what Wiki says:

"A firearm is a device which projects either single or multiple projectiles at high velocity through a controlled explosion. The firing occurs by the gases produced through rapid, confined burning of a propellant. This process of rapid burning is technically known as deflagration. In older firearms, this propellant was typically black powder or cordite, but modern firearms use smokeless powder or other propellants. Most modern firearms (with the notable exception of smoothbore firearms) have rifled barrels to impart spin to the projectile for improved flight stability."

So clearly this does not include air guns because no "burning explosion" is involved.

Here is what Canada says a Firearm is for the purposes of the Canada Firearms act:

"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, as well as, anything that can be adapted for use as a firearm."

Notice that Canada does not limit Firearms to only include weapons that use explosions to propel a projectile. So this means that Air guns  are considered Firearms in Canada! Or does it?

In Canada we have exemptions to what is considered a regular "Controlled Firearm" that change there classification to a "Uncontrolled Firearm" and here they are: 

  • Antique firearms.
  • Devices designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles;
  • Shooting devices designed exclusively for slaughtering domestic animals, tranquilizing animals, or discharging projectiles with lines attached to them;
  • Air guns and other barreled weapons designed to have: A muzzle velocity of 152.4 meters per second or less and a muzzle energy of 5.7 joules or less.

So this means Airguns that shoot under 500fps and have a muzzle energy of less than 5.7 joules or 4.2 foot pounds are considered "Uncontrolled Firearms" in Canada! This is good news because if you're 18 years old, you can walk into any sporting goods store and buy an air gun. You also do not have to abide by all the strict rules and regulations a "Controlled Firearm" must.

Keep in mind that if you use an exempted "Uncontrolled Firearm" in a criminal or negligent manner then it will be considered just like a "Controlled Firearm" and your A$$ is going to jail!

What about Blank Guns? It does mention in the exemptions that devices exclusively for firing blank cartridges and/or for signaling "Flare" are also exempt.

But hold on a moment there is another law governing what Canadian law considers "Replicas":

"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 Canadian Firearms Program 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."

So are Blank Guns that look like real guns replicas and therefore prohibited in Canada? And does that make Replica Air Guns Prohibited too? It's all so confusing...

This is how I understand what our Canadian Gun laws to be:

Air Guns for the sake of the "Canadian Firearms Act" are considered Firearms in the first place and so they are real guns and can look like real guns, the exemption to this rule is based on the fact that they shoot under 500fps and have a muzzle energy of 4.2 foot pounds or less, not on what they look like.

Blank Guns in Canada walk an even finer line. Basically, the ones that are being allowed into the Canada at this moment are classified as "Signal" or "Flare Guns" and they all come with flare adaptors. Secondly, they are not exact replicas of real guns in existence. If you have a blank gun that is the spitting image of a real gun and/or it does not have a flare adaptor and is capable of shooting flares then you have yourself a prohibited weapon which beleive it or not is governed even tighter than an actual restricted Firearm in Canada!

The last thing I want to mention even though I don't really do the Airsoft stuff personally is: "what about Airsoft guns?"

Many Airsoft Guns start out by not being classified as a Firearm because they are not capable of causing serious bodily injury or death to a person. So if they look like a real gun or are a replica of a real gun then they are considered Prohibited. To get around this law, most Airsoft guns in Canada have clear plastic sections and also come with red tipped barrels. There are however, some Airsoft guns that shoot a .20 gram BB over 366fps upgrading them so-to-speak into the same classification as a regular (Pellet/BB) Air Gun because the increased velocity makes them potentially capable of causing serious bodily injury or death to a person. These "high fps" Airsoft guns do not require clear plasitc parts or red tipped barrels. Here is a link to some more updated information specifically on the Airsoft subject.

So now I have cleared this all up for you, or, you're just more confused then when you stated reading this article! Either way these are our Canadian Firearms laws as they pertain to Air Guns, Blank Guns and Airsoft Guns!

Categories: Gun Law Tags:

Air Gun and General Gun Safety Tips

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Disclaimer:
"This article is only intended as a guide and may not be 100% accurate, please check your areas gun laws and regulations for more information on this subject."

I want to talk about two very important Air Gun safety topics (Any gun for that matter). Those two topics are: Handling and Storing your guns.

In Canada we are required by law to take a gun operation and safety course in order to get our PAL (Possessions and Acquisitions) license. A PAL license is required to purchase firearms and ammunition but is not necessary for most BB and Pellet guns that shoot under 500 fps. Personally, I think a firearms course is a great idea for anyone to take, even if you don't plan on getting a gun but you maybe have some interest or concerns about guns.

The biggest problem with guns is the ignorance surrounding them. I'm not saying people who don't like guns are stupid, but rather that in many cases they simply don't understand guns and it scares them. What's even worse than this is when a firearms owner has no idea on how to properly handle and store their firearms. When you put both of these scenarios together you get a bad combination that in turn makes it more difficult for pro-gun and anti-gun advocates to see eye to eye.

I definitely don't want to start a debate on this issue but rather provide safety information for those choosing to own and operate guns.

General Gun Handling Tips:

  • Make sure you understand your areas gun handling laws.
  • Safety check your gun - Make sure your gun is unloaded (visual inspection) at all times unless you are ready to shoot it. (If you use the gun for home or personal defense and need it to be loaded at all times, make sure to keep it securely holstered or stored in a safe manor so that it does not fall into the wrong hands)
  • Get familiar with your gun while it is unloaded, read the owners manual, learn the workings and features of your gun until you are comfortable with it.
  • If your gun has a safety make sure you know how to operate it but do not become dependent on the safety alone.
  • Always wear eye protection and if your gun is loud, use appropriate ear protection.
  • Treat your gun likes it's loaded and off of safe mode at all times. The most dangerous gun is one that is believed to be unloaded. Many people treat unloaded guns with less respect than they do a loaded gun and pay a severe price for it when they find out the gun was actually loaded.
  • Only place your finger on the trigger of the gun when you are ready to shoot at your target. The best safety feature on any gun is your trigger finger. When you are not shooting, place your finger across the trigger guard, this acts as a physical barrier helping to protect the trigger from an accidental or unintentional misfire.
  • If you are holding the gun but it is not in use, point it slightly forward but mostly toward the ground. When on a gun range, keep your gun pointed down-range in the direction of the target at all times.
  • Always know what is behind and beyond your target and never shoot over the crest of a hill. Some ammunition can travel several miles and still be dangerous. Even a pellet or BB if shot upwards at a slight angle can travel a few hundred yard and impact a person with enough energy to inflict harm.
  • Don't use your scope as a pair of binoculars to see what is out there. Use binoculars, that's what they are for. Would you like to be at the receiving end of a set of cross-hairs?
  • When you are finished using your gun remove the ammunition, safety check and secure it.

Gun Storage Tips:

  • Make sure you understand your areas gun storage laws.
  • In Canada most  air guns that shoot under 500 fps are not required to abide by the same storage laws as licensed firearms but practicing safe gun storage for any gun is always a good idea.
  • Safety check your gun - Make sure your gun is unloaded (visual inspection) before placing in storage.
  • Make sure to have at least one level of lock prevention, this could be a gun safe or a gun trigger lock or cable lock. I recommend using a trigger lock on your gun and placing it in a gun safe. Keep your gun safe or case keys in a secure area out of sight.
  • Keep your ammunition and firearms in different locations. This is not necessary in Canada but a good general idea.
  • Keep your firearms out of sight and keep the temptation out of the picture.
  • If you have a dedicated home defense gun that you want easy access to, keep it in a gun safe beside your bed with an easily accessible touchpad combination lock. You can have a loaded magazine in the safe with your gun, just not in the gun. (This scenario is Canada Gun Law Friendly!)
  • Gun storage laws when transporting your firearm are often different than when storing a gun in your home, make sure you understand these laws in your area. For example: In Canada we have to have an "ATT" transportation permit (Authorization to Transport) that allows a gun holder to transport their firearm from their home and to the range and/or to a gun smith. Any detours from point A to point B must be within reason. (No dropping by the bar on the way home from the gun range) Furthermore, licensed pistols must be unloaded and trigger locked in a hard shell case that also has a lock on it. Ammunition is not allowed in the case with the gun in transport and your gun needs to be in the trunk of your car or in an out of sight area if you have a truck.

Hopefully you have gotten at least something out of this gun handling and storage awareness article. My hope is that many of you will take this to heart and if you don't already practice safe gun handling and storage, you will start today!

Related Links:

Please feel free to spread the word and link to this Article and YouTube video on the same subject.

Here is my YouTube Video on Air Gun and General Gun Safety Tips:

Click on Links/Photos below to BUY related Gun Safety items:

   

Categories: Gun Law, Gun Safety, YouTube Video Tags:

Blank Gun Canadian Laws

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I was kinda right about why the Zoraki Blank Guns are allowed in Canada. It's mainly because they do not closely resemble any existing model of Firearm making it a Non-Replica and a Non-Firearm. The issue with most blank shooters is that they are Replicas of existing guns. Here is the official statement I got from Vinzer Sports located in Chateauguay, Quebec Canada pertaining to what is a Firearm.

Q. What is considered to be a firearm for purposes of the Firearms Act and for offences related to the Firearms Act in the Criminal Code? 

As set out in the Firearms Act, "firearm" means: 

  • A barreled 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 barreled weapon, as well as:
  • Anything that can be adapted for use as a firearm.

Following are some weapons and devices that meet the definition of a firearm but that are deemed not to be firearms for purposes of the Firearms Act and related offences in the Criminal Code. Some of these items are exempted from the definition only if they were designed exclusively for a specific purpose and are intended to be used exclusively for that purpose by the person who possesses it. However, all of the items listed below are considered to be firearms if used in a criminal or negligent manner. 

  • Antique firearms; 
  • Devices designed exclusively for signaling, for notifying of distress, for firing blank cartridges, or for firing stud cartridges, explosive-driven rivets, or other industrial projectiles.

 I hope this helps anyone else who is interested in legally purchasing and owning a Blank Gun in Canada.

Categories: 8mm, 9mm, Blank Gun, Full Auto, Gun Law, Pistol, Semi Auto Tags: 914, Zoraki