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Ammendmant
To the Senate
I
represent the National Airgun Association which is
comprised of over a million airgun owners across Canada.
As a safer alternative to firearms, our members use
airguns for recreational sports that is similar to
paintball games, Olympic target shooting, airsoft
games and events.
Over
a million law abiding citizens in Canada participate
in such functions annually. Airgun sports are exhilarating,
exciting and do not discriminate. This sport brings
people of common interests together and provides safe
entertainment for many Canadians across Canada.
The
airgun business is a multi-million dollar industry
that creates jobs and much needed business into Canada.
Law
enforcement, the military, target shooters, the movie
industry and the paintball industry are all dependent
on airguns in various degrees. Numerous law enforcement
agencies use airguns for training purposes and exercises.
The movie industry rely heavily on airguns as props
as it is a cheaper and safer alternative than using
real firearms and simulation ammuntion.
It
is quite common that families as a whole participate
in paintball and airsoft games together. While attending
such functions, I have personally witnessed an instance
where a single parent family, which composed of a
mother and son who had problems relating to each other.
The son wanted to try and find a common interest that
they could share. After bringing her to one of his
airsoft games, she took up the sport and participated
in many events together. Ever since the son introduced
her to it, I watched their relationship grow into
a stronger and more understanding bond. I feel not
only does airgun sports bring people who have a common
interest closer, it also can bridge generation gaps
and beliefs together.
When
practiced in a organized and safe manner, airsoft
games can build friendship and brotherhood between
the players. All players must follow strict guide
lines in order to participate. They must also have
the proper safety equipment and knowledge of handling
airguns safely or else they are exempted from participating
in the sport. There are numerous
Through
out 50 years of airgun history in Canada, there have
been isolated instances where police may have mistaken
airguns as real firearms. Although the vast majority
of airgun owners are responsible law-abiding citizens,
there are the rare few who abuse the privilege of
owning and possessing airguns.
As
a result of these incidents, in 1996 Bill C-68 was
introduced to remedy the problems that police had
in the past. As the first reading of the bill was
read the definition of a replica was any device that
resembles with near precision a Firearm but is incapable
of discharging a projectile. This bill allowed all
airguns that had recreational purposes to be exempt
of the new law because they can fire a projectile.
The bill passed in 1998 and adopted into the criminal
code with a slightly different definition: A replica
is any device that resembles with near precision a
firearm but in itself is not a Firearm.
This
meant that airguns that do not fall under the definition
of a Firearm is a replica and now airguns that are
considered replicas are therefore a prohibited device.
So
for airguns to be legal they must be classified as
a Firearm in Canada. What is the definition of a Firearm?
It reads in the criminal code of Canada as follows:
a Firearm is a barreled device that is a capable of
discharging a projectile and is capable of causing
serious bodily injury or death. So for airguns to
be legal they must be capable of discharging a projectile
and capable of causing serious bodily injury or death.
Well
if it now is considered a firearm, do airgun owners
have to register their airguns as well? If we read
the firearms act it clearly states that a definition
of a firearm in the firearms act is any barreled device
that is capable of discharging a projectile past 500
fps and if it shoots under 500 fps it is not considered
a firearm for the purposes of the firearms act.
So
just as long as an airgun is capable of causing serious
bodily injury and under 500 fps you are okay.
There
are special airguns that have been designed specifically
not to cause serious bodily injury such as paintball
guns and airsoft guns. In order for people to import
these airguns or to buy them, importers have to ask
the manufacturers to increase the velocity of airguns
so that they are legal.
This
ambiguity in the law has caused great confusion with
law enforcement administrators and customs officials
across Canada. As a result of this, many businesses
have gone out of business because of inconsistencies
in the administration of the law.
As a result, the same model airgun, one that is similar
in all aspects but is incapable of causing serious
bodily injury is deemed a prohibited device.
If
Bill C15 passes it may create more confusion and will
ultimately deem all airguns to be replicas.
I
feel the solution to this problem is to amend the
firearms act so that it states that: Any airgun that
is incapable of discharging a projectile over 500
FPS is not a firearm nor a replica.
In
order to also satisfy the law enforcement departments
that have a sincere concern for the public we suggest
strict regulations for airguns.
Here
are some of the regulations (please note that some
or all of these regulations may be adopted).
Retailers: that would like to sell airguns should
1)
Be required to have an annual permit issued by the
Canadian Firearms Center.
2)
Post a bond that can be revoked due to disciplinary
measures.
3)
Have their customer's fill out a form with their personal
information and allow the information to be submitted
to a central database with the model of the airgun
purchased and serial # as well.
b)
Also on that form it shall notify the customer of
all of the laws governing the use and ownership of
an airgun after the client reads and fully understands
the form the customer shall agree to abide by the
terms.
c)
Two pieces of identification shall be photocopied
upon sale of the airgun.
4)
The minimum age of any airgun buyer must be 16 years
of age and shall have parental consent to own operate
the airgun until he is of the age of 18.
5)
Shall record the serial # of all airguns that are
sold to customers and have that information sent to
a central database.
Importers:
that would like to import airguns.
1)
Be required to have a import permit issued by the
Canadian Firearms Center.
2)
Be required to have successfully completed a firearms
safety course.
3)
Record and mark all Airguns with serial # and register
them with a central database.
4)
Record all the serial numbers of the airguns that
he imports, records all of the serial numbers of the
airguns he transfers to other businesses and submits
these transactions to a central database.
Airguns:
Airguns
1)
At the time of import, all airguns must have a serial
number that cannot be removed.
2)
Have a distinguishing marking so that members of the
Law Enforcement or public may not mistake the airguns
for real firearms.
Customers:
that wish to purchase airguns in Canada
a)
Be required to successfully complete a firearms safety
course that is offered by anyone approved by the Canadian
Firearms Center.
b)
Or have a valid Possession Acquisition license offered
by the Canadian Firearms Center.
c)
Or have to be a member of an airgun association approved
by security programs division or the Canadian Firearms
Center.
2)
Purchasers must sign a waiver to release their information
to the retailer who then submits the purchasers information
to a central database.
Purchaser
must read all of the laws associated with an airgun
and must sing a form having done so.
Airguns:
Should have distinguishable identifying parts that
shall allow members of
Storage: Regulations
of airguns should be the same as firearms
Transportation:
Regulations of airguns should be the same laws as
firearms.
A
person should be charged with a criminal offence if
using an airgun in the act of a criminal offence.
If
anyone can see an airgun in plain view he or she should
be charged with a criminal offence.
I believe that through education provided by the Canadian
Firearms Safety courses and strict regulation and
enforcement of the law there is a place for airguns
in Canada's future.
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[ Planet Airsoft
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June
17th , 2002
