legality of airgun silencers
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- Posts: 258
- Joined: Sat Apr 08, 2006 7:42 pm
- Location: Wheatly
Any silencers are prohibited in Russia. But many customers and traders are certificate they as "Device for exciting of grouping results" or "Barrell protector"
By the way, my EDgun Matador has i sound moderator as integral part of rifle.
By the way, my EDgun Matador has i sound moderator as integral part of rifle.
* EDgun Lelya PCP + Falcon Merlin 4-14x42 or Leapers 3-9x32 Mini
* EDgun Veles PCP Pistol
* EDgun Veles PCP Pistol
- Bobby Ironsights
- Posts: 1177
- Joined: Wed May 24, 2006 3:44 pm
- Location: Thunder Bay Ontario Canada
I've been doing extensive research on this subject and here is what I beleive to be true.
Silencers are not (as such) strictly illegal in Canada. On an airgun cosidered to be a NON-GUN, it would be no more illegal than a muffler on a lawnmower. On a high-energy airgun however, it is JUST AS ILLEGAL AS PUTTING ONE ON A POWDERBURNER AND TURNS YOUR AIRGUN INTO A RESTRICTED WEAPON!!!
PLEASE READ ON.....THIS IS NOT AS SIMPLE AS IT MAY SEEM.
Firearm silencers are illegal in Canada, they are prohibited under canada criminal code, this applies to everyone, including government agencies.... the police nor the military can use them.
Airgun sound moderating devices are SOMETIMES illegal in canada.
This is true because there are FOUR catagories of airguns in canada.
1.For purposes of the Firearms Act and the Criminal Code, air guns can be broken down further into the following four categories:
1. Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code.
NOT LEGAL TO PUT A SOUND SUPPRESSOR ON!!!
YOU WILL GO TO DIRECTLY TO JAIL WITHOUT PASSING GO OR COLLECTING $200!!
2. Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code.
These are air guns with a maximum muzzle velocity of 152.4 meters or 500 feet per second and/or a maximum muzzle energy of 5.7 joules or 4.2 foot pounds.
Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.
The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.
These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and shipped them in a safe and secure manner.
This class of airgun is PROBABLY legal to put a sound suppressor device on, HOWEVER, if you brandish the item in public and it could reasobably be mistaken for a firearm, you will still be setting yourself up for confiscation and a "public mischeif" charge. This is the class of airgun I would be most careful about putting a sound suppressor on, I would only do so in order to be a better neighbor and not make so much noise when target shooting in my apartment... I would also NOT advise anyone to use a sound suppressing device on crown land.
3. Air guns that are replica firearms
These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.
In particular, some air guns that are commonly called air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal or lead.
Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a licence to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in.
The Criminal Code sets out some penalties for using a replica firearm or any other imitation firearm to commit a crime.
The Canada Firearms Centre (CAFC) receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape and size, but it is made of clear or brightly coloured plastic, or is much smaller in size.
Many of these devices have to be assessed on a case-by-case basis. As a general rule, however, those made out of clear plastic and those that are significantly smaller than the real version are not classified as replicas. Brightly coloured paint does not necessarily exclude a device from the definition of a replica. If you have questions about a particular make and model of air gun you may contact a firearms technician by calling 1 800 731-4000, ext 1060.
"I WOULD BE VERY RELUCTANT TO PUT A SILENCER ON THIS TYPE OF AIRGUN, AND THEN TAKE IT OUTSIDE, I WOULD ALSO BE VERY CAREFUL ABOUT LEAVING IT ASSEMBLED IN PLAIN SIGHT OF CASUAL GUESTS LIKE A HOUSEKEEPER WHO MIGHT GET NERVOUS AND CALL THE POLICE. IT IS NOT TECHNICALLY A CRIME IN ITSELF, BUT THERE IS NOTHING AGAINST POLICE ARRESTING YOU ON PRINCIPLE, AND THEN YOU HAVING TO PROVE YOUR INNOCENCE IN COURT. THIS WOULD BE EXPENSIVE FOR YOU AND YOU WOULD BE UNLIKELY TO RECOVER YOUR COURT COSTS"
4. Air guns that are neither firearms nor replicas
These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child’s toy.
Like replicas, they generally fall within the definition of an “imitation firearm” and are subject to some penalties under the Criminal Code if used to commit a crime.
This is a category which is crystal clear,you are not breaking any law by moderating the sound. BUT IF YOU WERE TO PAINT IT AND THE SILENCER BLACK YOU ARE BACK INTO CATEGORY 3
so, to make a long story short, after several months of sporadic research,
Now there is one other thing that needs to be taken into consideration, POLICE are NOT Lawyers, they have a very basic grounding in the law and that is all they really need. There is nothing to stop a Cop from arresting you, and/or confiscating your purple airpistol with pink silencer even if it is not illegal.
Even if it was just found in your house....let's say you had a noisy houseparty or were a dope smoker.....and the police did a search....
You would have your day in court, and have to prove your innocence and after being released your airgun would still probably be destroyed.
ALSO; public mischeif is a charge that is almost impossible to defend against and covers damn near anything that annoys or frightens anyone, or MIGHT be construed to possibly annoy or frighten anyone.
So, HERE IS THE BEEF. NO, airgun sound suppressors are often not illegal in Canada, no more unlawful than a muffler for a lawnmower, but generally unwise to possess/construct/display.
DAMN!!! THERE IS NO SUCH THING AS A SIMPLE LEGAL QUESTION!!!
Silencers are not (as such) strictly illegal in Canada. On an airgun cosidered to be a NON-GUN, it would be no more illegal than a muffler on a lawnmower. On a high-energy airgun however, it is JUST AS ILLEGAL AS PUTTING ONE ON A POWDERBURNER AND TURNS YOUR AIRGUN INTO A RESTRICTED WEAPON!!!
PLEASE READ ON.....THIS IS NOT AS SIMPLE AS IT MAY SEEM.
Firearm silencers are illegal in Canada, they are prohibited under canada criminal code, this applies to everyone, including government agencies.... the police nor the military can use them.
Airgun sound moderating devices are SOMETIMES illegal in canada.
This is true because there are FOUR catagories of airguns in canada.
1.For purposes of the Firearms Act and the Criminal Code, air guns can be broken down further into the following four categories:
1. Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code.
NOT LEGAL TO PUT A SOUND SUPPRESSOR ON!!!
YOU WILL GO TO DIRECTLY TO JAIL WITHOUT PASSING GO OR COLLECTING $200!!
2. Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code.
These are air guns with a maximum muzzle velocity of 152.4 meters or 500 feet per second and/or a maximum muzzle energy of 5.7 joules or 4.2 foot pounds.
Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.
The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.
These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and shipped them in a safe and secure manner.
This class of airgun is PROBABLY legal to put a sound suppressor device on, HOWEVER, if you brandish the item in public and it could reasobably be mistaken for a firearm, you will still be setting yourself up for confiscation and a "public mischeif" charge. This is the class of airgun I would be most careful about putting a sound suppressor on, I would only do so in order to be a better neighbor and not make so much noise when target shooting in my apartment... I would also NOT advise anyone to use a sound suppressing device on crown land.
3. Air guns that are replica firearms
These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.
In particular, some air guns that are commonly called air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal or lead.
Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a licence to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in.
The Criminal Code sets out some penalties for using a replica firearm or any other imitation firearm to commit a crime.
The Canada Firearms Centre (CAFC) receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape and size, but it is made of clear or brightly coloured plastic, or is much smaller in size.
Many of these devices have to be assessed on a case-by-case basis. As a general rule, however, those made out of clear plastic and those that are significantly smaller than the real version are not classified as replicas. Brightly coloured paint does not necessarily exclude a device from the definition of a replica. If you have questions about a particular make and model of air gun you may contact a firearms technician by calling 1 800 731-4000, ext 1060.
"I WOULD BE VERY RELUCTANT TO PUT A SILENCER ON THIS TYPE OF AIRGUN, AND THEN TAKE IT OUTSIDE, I WOULD ALSO BE VERY CAREFUL ABOUT LEAVING IT ASSEMBLED IN PLAIN SIGHT OF CASUAL GUESTS LIKE A HOUSEKEEPER WHO MIGHT GET NERVOUS AND CALL THE POLICE. IT IS NOT TECHNICALLY A CRIME IN ITSELF, BUT THERE IS NOTHING AGAINST POLICE ARRESTING YOU ON PRINCIPLE, AND THEN YOU HAVING TO PROVE YOUR INNOCENCE IN COURT. THIS WOULD BE EXPENSIVE FOR YOU AND YOU WOULD BE UNLIKELY TO RECOVER YOUR COURT COSTS"
4. Air guns that are neither firearms nor replicas
These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child’s toy.
Like replicas, they generally fall within the definition of an “imitation firearm” and are subject to some penalties under the Criminal Code if used to commit a crime.
This is a category which is crystal clear,you are not breaking any law by moderating the sound. BUT IF YOU WERE TO PAINT IT AND THE SILENCER BLACK YOU ARE BACK INTO CATEGORY 3
so, to make a long story short, after several months of sporadic research,
Now there is one other thing that needs to be taken into consideration, POLICE are NOT Lawyers, they have a very basic grounding in the law and that is all they really need. There is nothing to stop a Cop from arresting you, and/or confiscating your purple airpistol with pink silencer even if it is not illegal.
Even if it was just found in your house....let's say you had a noisy houseparty or were a dope smoker.....and the police did a search....
You would have your day in court, and have to prove your innocence and after being released your airgun would still probably be destroyed.
ALSO; public mischeif is a charge that is almost impossible to defend against and covers damn near anything that annoys or frightens anyone, or MIGHT be construed to possibly annoy or frighten anyone.
So, HERE IS THE BEEF. NO, airgun sound suppressors are often not illegal in Canada, no more unlawful than a muffler for a lawnmower, but generally unwise to possess/construct/display.
DAMN!!! THERE IS NO SUCH THING AS A SIMPLE LEGAL QUESTION!!!
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- Posts: 31
- Joined: Sat May 27, 2006 11:09 am
- Location: Quebec
Lawyer?
i ain`t an attorney myself but I think this guy is right...
And to add to the subject od legal airguns... Did you know it IS LEGAL TO OWN A +500fps AIRGUN WITHOUT A PAL??? I learned this one while reading the same law cod as that other dude, as long as it is under a certain fpe, you can own a +500fps airgun without a PAL...
And to add to the subject od legal airguns... Did you know it IS LEGAL TO OWN A +500fps AIRGUN WITHOUT A PAL??? I learned this one while reading the same law cod as that other dude, as long as it is under a certain fpe, you can own a +500fps airgun without a PAL...
- nighthawk39
- Posts: 345
- Joined: Tue Dec 27, 2005 4:59 pm
Re: Lawyer?
Only if the energy of the projectile is low enough. There would be no point.gamoidonca wrote:i ain`t an attorney myself but I think this guy is right...
And to add to the subject od legal airguns... Did you know it IS LEGAL TO OWN A +500fps AIRGUN WITHOUT A PAL??? I learned this one while reading the same law cod as that other dude, as long as it is under a certain fpe, you can own a +500fps airgun without a PAL...
- Bobby Ironsights
- Posts: 1177
- Joined: Wed May 24, 2006 3:44 pm
- Location: Thunder Bay Ontario Canada
Well, to toot my own horn, I did do a great deal of research both on the net and in the fairly small law law library at Lakehead University.Jester wrote:So... what is it that makes you right and everyone else wrong?
Are you a cop? Lawer? Judge?
I gathered up all my photocopies and asked one of Dad's lawyers what he thought, after glancing through them he confirmed my opinion (in his usual vague and noncommittal way so that he can't be held to anything).
You could ask him yourself, assuming you can pay the 3 thousand dollar minimum retainer.
Because he soaks dad for so much every year it didn't cost me anything, which is good, becuase I don't think I'd wanna be out of pocket for ten minutes of his time.
His name is Lee Baig, Queens Counsel. He has an amazing corner office down on the park ave, overlooking the marina. Best view in Thunder Bay.
He's a funny old guy, pleasant and cheerful, sharp as a tack, married to a a local judge I heard, I wonder if that helps him in court LOL.
- airsmith282
- Posts: 1898
- Joined: Sun Sep 18, 2005 12:30 am
- Location: North Bay Ontario Canada
i think you should all call the cheif of firearms in your respected provicences and you will find out this
any form any form of siliencer or sound suppressure that makes the gun produce less noise to no noise is illeagle
but Any muzzle brake that redirects sound but does not reduce it .is leagle also all compensators are also leagle so long as they do not make the gun quieter
but a suppressure or siliencer is not is not leagle in canada on any gun or airgun...
i have approched our cheif of firearms on this as well as many other dealers..
and suppressures and siliences are forbidden period
to even have one in your home or in your possition is illeagel even if its not on the gun
Crosbows are not firearms true but most city by-laws consider them to be as far as being able to shoot one in the city limits so call the city first before you discharge your crosbow other wise you can get is big crap for it if and when you are caught and its not worth getting caught...
any form any form of siliencer or sound suppressure that makes the gun produce less noise to no noise is illeagle
but Any muzzle brake that redirects sound but does not reduce it .is leagle also all compensators are also leagle so long as they do not make the gun quieter
but a suppressure or siliencer is not is not leagle in canada on any gun or airgun...
i have approched our cheif of firearms on this as well as many other dealers..
and suppressures and siliences are forbidden period
to even have one in your home or in your possition is illeagel even if its not on the gun
Crosbows are not firearms true but most city by-laws consider them to be as far as being able to shoot one in the city limits so call the city first before you discharge your crosbow other wise you can get is big crap for it if and when you are caught and its not worth getting caught...
How come airsoft gun silencers are being sold legally? Airsoft guns that I've seen look exactly like really ones, like this P99 shown here:airsmith282 wrote:any form any form of siliencer or sound suppressure that makes the gun produce less noise to no noise is illeagle
It even comes with a silencer. How come these aren't banned for import and sale in Canada?
- Bobby Ironsights
- Posts: 1177
- Joined: Wed May 24, 2006 3:44 pm
- Location: Thunder Bay Ontario Canada
yes airsmith, I agree with you totally, any sound suppressor for a GUN, (also known as a FIREARM) is illegal.
HOWEVER; a sound suppressor for a paintball "gun" airsoft "gun" or low powered bb or pellet "gun" or potato launching "gun" or nail "guns" or staple "guns" does not contravene the laws governing GUNS, because they are not recognised as a GUN under law.
I understand my earlier post was rather long and difficult to get through and I don't blame you for skim-reading.
On a more personal note, I am curious; airsmith, where you were born? (your english is definitely understandable, but has a definite....um....unique character) (no offence)
HOWEVER; a sound suppressor for a paintball "gun" airsoft "gun" or low powered bb or pellet "gun" or potato launching "gun" or nail "guns" or staple "guns" does not contravene the laws governing GUNS, because they are not recognised as a GUN under law.
I understand my earlier post was rather long and difficult to get through and I don't blame you for skim-reading.
On a more personal note, I am curious; airsmith, where you were born? (your english is definitely understandable, but has a definite....um....unique character) (no offence)
Last edited by Bobby Ironsights on Sun May 28, 2006 8:17 pm, edited 1 time in total.
- airsmith282
- Posts: 1898
- Joined: Sun Sep 18, 2005 12:30 am
- Location: North Bay Ontario Canada
whats on that gun is called a siliencer but its not a siliencer its a fake , do some research on how a siliencer is built , then go but that gun and take apart the so called siliencer and you will find out really fast its a fake and the goverment knows its only a a fake ...
same goes for airsoft guns those are fake siliencers as well,.,..
same goes for airsoft guns those are fake siliencers as well,.,..
- nighthawk39
- Posts: 345
- Joined: Tue Dec 27, 2005 4:59 pm
Because they AREN'T silencers. All they do is look like a silencer. They do nothing for sound.Gotrice23 wrote:How come airsoft gun silencers are being sold legally? Airsoft guns that I've seen look exactly like really ones, like this P99 shown here:airsmith282 wrote:any form any form of siliencer or sound suppressure that makes the gun produce less noise to no noise is illeagle
It even comes with a silencer. How come these aren't banned for import and sale in Canada?