Parliamentary Committee Notes: Replica firearm prohibition

Proposed Response:

Background:

The proposed amendment to the Criminal Code would address a gap with respect to “replica firearms.” The term “replica firearm” is defined in section 84 of the Criminal Code in general terms as anything that exactly (or with near precision) resembles a firearm, but is not itself a firearm. Replica firearms are included in the definition of “prohibited device” in section 84. Replica firearms are prohibited for the purposes of importation, exportation, sale or transfer. These devices are indistinguishable from conventional regulated firearms and can be used to commit criminal offences.

Airsoft, bb, pellet or airguns that resemble a regulated firearm and are below the velocity and power necessary to cause serious bodily harm (e.g., 366fps for airsoft, 246 for BB and 2.71 joules for paintball) are already “replica firearms” and cannot be transferred, imported or sold in Canada. Airsoft, bb, pellet, paintball or airguns that fire at a muzzle velocity above 500 fps and with a muzzle energy greater than 5.7 joules are considered regulated firearms (i.e., require a firearms licence) under the Firearms Act. However, a legislative gap exists in the Criminal Code for those devices that look like a regulated firearm and are powerful enough to cause serious bodily injury, but fall below the muzzle velocity or energy to be considered a regulated firearm. Currently, these mid-velocity devices are unregulated.

The Canadian Association of Chiefs of Police have been calling on the Government to implement a measure that captures these mid-power devices as a direct result of their risk for criminal use and diversion. There have already been a number of cases of criminal use of these devices evidenced by police seizures. They have also resulted in the death of several individuals who were publicly in possession of a replica where the situation ended in a police-involved shooting .

In response to these risks, Bill C-21 proposes to close this gap by expanding the Criminal Code definition to include mid-power devices that resemble with near precision a regulated firearm. Mid-power devices would also be considered “prohibited devices” for the purposes of importation, exportation, transfer and sale. As with replica firearms, possession of such prohibited devices would not be a criminal offence. The effect of the amendment would be to close the market for this category of unregulated firearms; no more could be imported into or sold in Canada once the provision is in force.

The Bill also proposes to include in the definition of replica firearm and the new deeming provision language that clarifies that a “replica” or a “deemed prohibited device” must replicate a conventional regulated firearm (as opposed to an unregulated firearm, such as an airgun).

Bill C-21 Reaction

Following the tabling of this provision under the former Bill C-21, there was a response from Airsoft (a specific type of airgun specifically designed to resemble a regulated firearm) manufacturers and domestic businesses claiming that the proposed change would destroy this activity in Canada. Estimates by national airgun organizations indicate Airsoft alone has a following of approximately 35,000 players and 260 Canadian businesses and represent an estimated $100M per year domestic industry.

Shortly after the Bill was tabled, Public Safety was engaged by a foreign industry leading manufacturer (Cybergun) to consult about the implications of the provision on their business in Canada and identify potential solutions to allow them to come into compliance with the design of airguns which they manufacture and sell to our domestic market.

A similar negative response was anticipated from individuals and businesses engaged in Airsoft as well as the manufacturing industry.

Contacts:

Prepared by: [Redacted], Acting Manager, Firearms Policy Division, Crime Prevention Branch, [Redacted]
Approved by: Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167

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