Replica or Not?

Ronan · January 24th, 2008, 22:24

I'm really wondering something... will the following AEG make it through customs... i don't see how it can be categories as a 'replica'. Anyone have past experience with this one:

http://www.uncompany.com/pageproduct...sp?prodid=2956

Thank You.

Edit: I know theirs always the chance it gets taken and destroyed but what i'm looking for is actual facts or educated guesses please.

Styrak · January 24th, 2008, 22:28

If it looks like a gun, it'll get seized. Search "Seburo" on these forums.

The Saint · January 24th, 2008, 22:29

This would be a fairly iffy one to argue your case for, because CBSA (or rather, CITT) can say that it was originally built out of a Thompson SMG, which is a real gun. And technically, there's still a M1A1 underneath there.

Ronan · January 24th, 2008, 22:29

Quote:

Originally Posted by Styrak

If it looks like a gun, it'll get seized. Search "Seburo" on these forums.

Thanks Styrak i see that customs have a hard on for even scifi looking toys.

In the quick search for 'Seburo' i have seen that even if you buy ONLY the 'model kit' with no 'guns/aeg/replica' they get seize. A bit hardcore if i may say...

Sha Do · January 24th, 2008, 22:30

The real only problem is that Canada Customs will grab anything that has a trigger and barrel, regardless if it's real steel or not.....
Other than that, we're usually ok.....unfortunatly.

SHA DO

The Saint · January 24th, 2008, 22:31

I think some of the Seburo seizures had a fairly good chance to be successfully contested with competent legal representation. The M41, not so much.

Ronan · January 24th, 2008, 22:32

Quote:

Originally Posted by Sha Do

The real only problem is that Canada Customs will grab anything that has a trigger and barrel, regardless if it's real steel or not.....
Other than that, we're usually ok.....unfortunatly.

SHA DO

Thats a very good way to put it.

Nervikaire · January 24th, 2008, 22:33

Fact is, people had these conversion kits stopped at customs.

You could always defend yourself saying it's a movie collectible/memorabilia that has no real life counterpart. Don't know if that would be enough, but I do believe that if you explain yourself in a polite manner, you would get away with it. I don't see this gun being more of a replica than a regular paintball marker...

KnifeWound · January 24th, 2008, 22:36

Canada Border Services Agency
http://www.cbsa-asfc.gc.ca/publicati...f5044-eng.html

RCMP/Candian Firarms Center
http://www.cfc-cafc.gc.ca/factsheets/replica_e.asp

Hell, call and ask CFC. Couldn't hurt.
1-800-731-4000 (8:30am - 8:30pm EST)

The Saint · January 24th, 2008, 22:37

Individual customs agents have said all sorts of things to imply a balanced approach to classifying replica firearms, while CBSA's track record as an organization clearly shows a much more ridiculously inclusive approach.

Ronan · January 24th, 2008, 22:40

Quote:

Originally Posted by The Saint

Individual customs agents have said all sorts of things to imply a balanced approach to classifying replica firearms, while CBSA's track record as an organization clearly shows a much more ridiculously inclusive approach.

Agreed. Unless its black on white + signed what they tell you is worthless.

hattrick · January 24th, 2008, 22:42

amos999 had to order his through a retailer, pm him for details he knows FOR SURE.

a-ex

ThunderCactus · January 24th, 2008, 23:57

Like they've stated, the fact that it looks like a gun means it'll get seized, you could probably fight your way out of it, but it's cheaper to get someone else to import it.

Hk-GUY · January 27th, 2008, 06:23

Just get a border friend to run it accross in multipule parts.

Drache · January 27th, 2008, 12:48

13. The following are examples of devices that could be considered replica firearms:

(a) Generally, toy or model guns and starter pistols do not qualify to be considered as firearms; however, some toy or model guns and starter pistols may be designed with a very realistic mechanism or appearance (e.g., colour, size). For example, the action of a toy or model gun may cycle in a way similar to a real firearm, the cylinder of a model revolver may rotate, or the slide of a model automatic pistol may move once the trigger is pulled. In these cases, they are considered replica firearms even if they are made of plastic, die-cast zinc, or other material.

(b) The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. Virtually, all air guns are firearms, as they meet the definition of a firearm in section 2 of the Criminal Code. When the muzzle velocity of an air gun exceeds 152.4 m per second (500 FPS), it is considered a firearm and must meet the licensing, registration, and transportation requirements of the Firearms Act.

(c) When the muzzle velocity of an air gun is less than 152.4 m per second (500 FPS), it is still considered to be a firearm, but is exempt from the licensing, registration, and transportation requirements of the Firearms Act. Such air guns are exempted only from certain provisions that can be found in section 84(3) of the Criminal Code.

Note: A firearm whether exempted or not by virtue of subsection 84(3) of the Criminal Code, cannot be a replica firearm since the definition of replica firearm is found in subsection 84(1) of the Criminal Code, and, thus is not one of the exempted sections.

Air Soft Guns
14. Most air soft guns are considered replica firearm as defined in subsection 84(1) of the Criminal Code. They are clearly designed not only to resemble a firearm with near precision but also to resemble a specific and readily identifiable make and model of firearm. Due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, air soft guns are replica firearms.

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January 24th, 2008, 22:28	#2
Styrak Trader rating Join Date: Jan 2007 Location: Saskatoon, SK	If it looks like a gun, it'll get seized. Search "Seburo" on these forums. __________________ Airsoft Sales and Repair/Upgrade Services

January 24th, 2008, 22:29	#3
The Saint Trader rating Join Date: Jan 2005 Location: Quebec	This would be a fairly iffy one to argue your case for, because CBSA (or rather, CITT) can say that it was originally built out of a Thompson SMG, which is a real gun. And technically, there's still a M1A1 underneath there. __________________ "The Bird of Hermes is My Name, Eating My Wings to Make Me Tame."

January 24th, 2008, 22:30	#5
Sha Do Trader rating Join Date: Jun 2003 Location: No where to be seen......Hillsburgh	The real only problem is that Canada Customs will grab anything that has a trigger and barrel, regardless if it's real steel or not..... Other than that, we're usually ok.....unfortunatly. SHA DO __________________ SHOOT TO KILL......... WITH COMPASSION

January 24th, 2008, 22:31	#6
The Saint Trader rating Join Date: Jan 2005 Location: Quebec	I think some of the Seburo seizures had a fairly good chance to be successfully contested with competent legal representation. The M41, not so much. __________________ "The Bird of Hermes is My Name, Eating My Wings to Make Me Tame."

January 24th, 2008, 22:33	#8
Nervikaire Trader rating Join Date: Dec 2004 Location: Magog, QC	Fact is, people had these conversion kits stopped at customs. You could always defend yourself saying it's a movie collectible/memorabilia that has no real life counterpart. Don't know if that would be enough, but I do believe that if you explain yourself in a polite manner, you would get away with it. I don't see this gun being more of a replica than a regular paintball marker... __________________ http://www.pbase.com/nervikaire Potius mori quam foedari http://www.canadiangunnutz.com/

January 24th, 2008, 22:36	#9
KnifeWound Trader rating Join Date: Aug 2003 Location: Ottawa	Canada Border Services Agency http://www.cbsa-asfc.gc.ca/publicati...f5044-eng.html RCMP/Candian Firarms Center http://www.cfc-cafc.gc.ca/factsheets/replica_e.asp Hell, call and ask CFC. Couldn't hurt. 1-800-731-4000 (8:30am - 8:30pm EST) __________________ The guy with the red beret.

January 24th, 2008, 22:37	#10
The Saint Trader rating Join Date: Jan 2005 Location: Quebec	Individual customs agents have said all sorts of things to imply a balanced approach to classifying replica firearms, while CBSA's track record as an organization clearly shows a much more ridiculously inclusive approach. __________________ "The Bird of Hermes is My Name, Eating My Wings to Make Me Tame."

January 24th, 2008, 23:57	#13
ThunderCactus Not Eye Safe, Pretty Boy Maximus on the field take his picture! Trader rating Join Date: Feb 2007	Like they've stated, the fact that it looks like a gun means it'll get seized, you could probably fight your way out of it, but it's cheaper to get someone else to import it.

January 27th, 2008, 06:23	#14
Hk-GUY Trader rating Join Date: Mar 2007 Location: DFW, TEXAS USA	Just get a border friend to run it accross in multipule parts. __________________ Signature images can not exceed 510 x 100 pixels. See this thread for more details: http://www.airsoftcanada.com/showthread.php?t=53249

January 27th, 2008, 12:48	#15
Drache BALLET, TYPE: SELF LOATHING, ANALBURST Trader rating Join Date: Oct 2005	13. The following are examples of devices that could be considered replica firearms: (a) Generally, toy or model guns and starter pistols do not qualify to be considered as firearms; however, some toy or model guns and starter pistols may be designed with a very realistic mechanism or appearance (e.g., colour, size). For example, the action of a toy or model gun may cycle in a way similar to a real firearm, the cylinder of a model revolver may rotate, or the slide of a model automatic pistol may move once the trigger is pulled. In these cases, they are considered replica firearms even if they are made of plastic, die-cast zinc, or other material. (b) The term air gun is a colloquial term referring to BB or pellet guns. Such guns operate either as spring-powered, gas-powered, or electrically powered. Virtually, all air guns are firearms, as they meet the definition of a firearm in section 2 of the Criminal Code. When the muzzle velocity of an air gun exceeds 152.4 m per second (500 FPS), it is considered a firearm and must meet the licensing, registration, and transportation requirements of the Firearms Act. (c) When the muzzle velocity of an air gun is less than 152.4 m per second (500 FPS), it is still considered to be a firearm, but is exempt from the licensing, registration, and transportation requirements of the Firearms Act. Such air guns are exempted only from certain provisions that can be found in section 84(3) of the Criminal Code. Note: A firearm whether exempted or not by virtue of subsection 84(3) of the Criminal Code, cannot be a replica firearm since the definition of replica firearm is found in subsection 84(1) of the Criminal Code, and, thus is not one of the exempted sections. Air Soft Guns 14. Most air soft guns are considered replica firearm as defined in subsection 84(1) of the Criminal Code. They are clearly designed not only to resemble a firearm with near precision but also to resemble a specific and readily identifiable make and model of firearm. Due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, air soft guns are replica firearms.