Question: Legality of selling .43cal markers?

[GDawgFunk]

Hi,

I'll preface by saying I'm a bit out of the loop on the latest with Bill C21, i know the latest version is making its way through the circles of gov't, until then how grey is grey? is there a grey?
I am sure we have some varying opinions on this, but politics aside, just looking for how to interpret how these are classified currently.

Question: Are .43cal markers that could be said by some to somewhat resemble actual firearms, items like the one linked below, legal to sell still? (private sales)

https://www.replicaairguns.ca/umarex...-paintball-gun - (unfortunate site name given the legalities around replicas...)

I know prohibited firearms are obviously illegal to sell, but if owned prior to 1998 are legal to keep. My question is around classification really, would the marker above be classified as a replica, therefore prohibited?
I would argue not, given the tube out the magwell for a CO2 cartridge, but does it really all hinge on how a few words "resembles" "near" and "almost" in the sentences below are interpreted?

From the replicas section:
"A replica firearm is a device that is not a real firearm, but one that was designed to look exactly, or almost exactly, like a real firearm. Replica firearms are prohibited devices in Canada.To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm."

And from both the replicas and Air guns sections:
"An airsoft gun, firing a .20g 6mm plastic pellet, with a muzzle velocity below 111.6 m/s (366 fps), and resembling with near precision an existing make and model of a firearm, other than an antique firearm, is a replica firearm and therefore a prohibited device."
(airsoft in the sentence above clearly just being used as an example, as that .43cal one I linked does fire under 366fps.)

https://www.rcmp-grc.gc.ca/en/firear...types-firearms

I'd also add that these markers don't really fall under the mid-velocity range as outlined below as they are below 366fps.

https://www.publicsafety.gc.ca/cnt/c...c21-en.aspx#s4

[Toestr]

C21 has yet to pass so currently .43s are good to go. You are correct in that "resembles with near precision" is doing a lot of heavy lifting. If this does pass I'd expect that it would be basically enforced and ruled on by the discretion of law enforcement and judges respectively.

Another fun oversight of C21 is that this section would apply to air rifles that are detuned to under 500fps for the Canadian market.

Sent from my Pixel 4a using Tapatalk

[Jordan]

I better grab that non-PAL air rifle I have my eye on, then.

[GDawgFunk]

ASAP! seems that most pellet ones also fall in that mid-velocity range.
Halo style shells for everyone! Nothing to see here, just taking my needler out to the woods...

[GDawgFunk]

I had assumed that as many prominent stores are still selling them they were still good to go... for now... but man, tricky finding articles/references that are definitive.
My motivation for posting this is that I was about to post up a .43cal for sale that i have laying around, then stopped myself and went down a rabbithole of searches.

[Toestr]

Good news, apparently the section relating to 'replicas' has been removed via an approved NDP proposed amendment. They are discussing more industry consultation so we may see another amendment relative to 'replicas' before this bill sees capital hill.

Tbh I think that we have to thank the west coast Airsofters for this. They invited the NDP MP out to see the game, and he was actually a champion for airsoft throughout the SECU hearings on C21.

[GDawgFunk]

Ah very cool, I found the tweet from NDP MP MacGregor, no updates yet on the public safety or legis-info sites that I could see... although... it is a gov't website so updates likely slow to make their way there.
Thanks for commenting, I would have missed that completely.