Welcome to my guide on how to bringing your airsoft guns into the United States and then back into Canada. In order for this guide to make much sense I will need to go into some of the laws of Canada and policies of the CBSA. The reason for needing to go through all of this is that Customs Officers are not always up-to-date on the latest laws or policies. Despite Memorandum D-19-13-2 being out since 2007, it was recently updated to include many of the below quotes. It is important to know what is and isn’t true and what resources to quote in case a customs officer does not know.
We have often thought of airsoft is in a gray area of the law, but truth be told it’s fairly black and white. The majority of airsoft guns are prohibited devices which makes them illegal. Of course having said that, the Criminal Code of Canada states the following:
Quote:91(2) Unauthorized possession of prohibited weapon or restricted weapon
Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
"prohibited weapon” means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;
"replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;
What this means is that while replicas are prohibited it is not illegal to possess one. Basically it is illegal to sell or transfer an airsoft gun.
Now you’re probably wondering what this has to do with re-importation. Well in order for the rest of this to make sense you need to understand the basic legalities of airsoft in Canada.
The RCMP (Canadian Firearms Centre) has stated that the CBSA has the sole right to determine if an airsoft gun is eligible for entry (or re-entry) into Canada. Now we take a look at what the CBSA says in regards to airsoft. For this part we look at Memorandum D19-13-2. It is again important to understand that D19 is not law but CBSA Policy and is subject to change.
Memorandum D19-13-2 covers the Export and Importation of Firearms, Weapons and Devices.
The CBSA breaks down all firearms into two major categories, Uncontrolled and Controlled.
Quote:“Uncontrolled” firearms
5. “Uncontrolled” firearms are those devices that, although falling within the definition of a firearm in the Criminal Code, are exempt from specific legal requirements of the Firearms Act and its regulations, as well as from other legislative provisions. “Uncontrolled” firearms do not fall under Tariff item No. 9898.00.00, and are generally admissible into Canada. “Uncontrolled” firearms should not be subdivided into any of the non-restricted, restricted, or prohibited classes. The following types of firearms are deemed “uncontrolled”:
(a) Antique firearms – The term “antique firearm” means:
(i) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition; or
(ii) any firearm that is prescribed to be an antique firearm as listed in the Regulations Prescribing Antique Firearms.
Note: Reproductions of all types of antique handguns are considered “controlled” firearms unless the reproduction itself meets the definition of antique firearm (see above). If it is not possible to precisely determine whether a firearm is an antique firearm, consult the section entitled “controlled” firearms.
(b) Flare, blank, rivet and industrial guns – Any device that is designed exclusively for signalling, for notifying of distress, or for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, provided that the importer intends to use it only for the purpose for which it is designed.
© Slaughter, tranquilizing and line-throwing guns – Any device that is designed exclusively for the slaughtering of domestic animals, the tranquilizing of animals, or the discharging of projectiles with lines attached to them, provided that the importer intends to use it only for the purpose for which it is designed.
(d) Low muzzle velocity/energy guns – Any barrelled weapon that is not designed or adapted to discharge projectiles at a muzzle velocity exceeding 152.4 metres per second (500 feet per second) and at a muzzle energy exceeding 5.7 Joules, or to discharge projectiles that are designed or adapted to attain a velocity exceeding 152.4 metres per second (500 feet per second) and an energy exceeding 5.7 Joules. Both thresholds of 152.4 mps and 5.7 Joules must be exceeded for the firearm to be considered “controlled”. This requirement exempts firearms that fire below the threshold velocity with a standard projectile, but exceed the threshold velocity when fired with a high-velocity projectile.
Note: 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. If the muzzle velocity of the air gun is less than 152.4 mps (500 fps)/5.7 joules but still able to cause serious bodily injury to a person, it may be considered an “uncontrolled” firearm. Most airsoft guns and certain types of paintball guns are considered replica firearms (see “Prohibited Devices” below).
Controlled firearms are what we would normally consider guns and for the purpose of this there is no need to go into that. Note above that it says most airsoft guns are considered replica firearms and as such are not eligible to be an uncontrolled firearm.
Here is what Memorandum D19-13-2 says on replica firearms:
Quote:Replica firearms
50. “Replica firearm” is defined as any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm.
51. For a device to be a replica firearm it must meet all three requirements:
(a) it cannot be a firearm, meaning it does not discharge a projectile with sufficient energy to cause serious bodily injury or death to a person. If the device is a firearm, then it cannot be a replica firearm (and vice versa);
(b) it must resemble exactly, or with near precision, a real existing firearm of an identifiable make and model. With respect visual examination, note that the maximum observing distance is one at which the equivalent make and model of the firearm can be identified. This distance will vary from one firearm make to the next. For example: A Luger pistol has a very distinctive silhouette as compared to other makes and is therefore more readily identified from further away. The examination of the object is something more than casual, but less than detailed. The device does not need to be so close that markings are identifiable; and
© it cannot be designed or intended to exactly resemble, or to resemble with near precision, an antique firearm (see Antique Firearms above).
52. In addition, there are other material considerations that must be considered when examining a device suspected of being a replica firearm. Amongst them:
(a) scale and size;
(b) translucency (i.e. whether light can travel through it). At the time of publication, there are no firearms made of glass or translucent material. However, such a determination is not absolute. Much of this consideration depends on "how translucent" the material is and what are the parts that are translucent. For instance, a transparent firearm-like object made of dark, barely translucent material could resemble a firearm. Also, be aware that certain ammunition magazines may be translucent or made with transparent plastic materials (e.g., the magazine of the SIG 550 assault rifle);
© shape (whether all major parts from the original firearm are reproduced-even if they do not move).
53. The following are additional inferences that could be made to suggest a device to be considered a replica firearm. They are not in themselves necessary considerations for a replica firearm determination:
(a) weight (whether it does feel realistic in weight or whether it is considered “too light”);
(b) fabrication materials (whether it is fabricated in metal, plastic or any other type of casting). For example: some handguns (e.g., GLOCK pistols) are polymer-framed and/or use other non-metallic composites;
© whether the parts move or are in a “functioning state” (e.g., slides moving back and forth, cylinder rotating in a model revolver, etc.);
(d) colour (e.g., orange tip, pink or blue colours). Real firearms can come in designer colours and/or with painted tips.
54. The following are examples of devices that may be considered replica firearms (however, each device must always be assessed on a case-by-case basis and taking into account all the above-mentioned criteria):
(a) Toy guns and starter pistols do not generally qualify as firearms. However, some toy or model guns and starter pistols may be designed with very realistic mechanisms or appearances (e.g., colour, size, scale, translucency) and resembling a real make and model of a firearm. In such cases, they may be considered replica firearms even if they are made of plastic, die-cast zinc, or other material.
(b) Most airsoft guns and certain types of paintball guns or markers are considered replica firearms. This is because the muzzle velocity of the projectile does not generally cause serious bodily harm and their external features are clearly designed to resemble a specific and readily identifiable make and model of a firearm. The jurisprudence has established that to consider a firearm within the meaning of s. 2 of the Criminal Code, an airsoft gun must have a muzzle velocity in excess of 124 meters per second (407 feet per second). Therefore, due to their strong resemblance to real firearms and their lack of capacity to cause serious bodily injury, most airsoft guns (and some paintball guns) are generally considered replica firearms.
To summarize this, if it looks like a modern firearm and from a reasonable distance and a reasonable person would mistake it for a real firearm it is a replica. It does make room for translucency meaning, CANSOFT airsoft guns are basically allowed but as with anything with the CBSA it’s determined on a case by case basis. It is important to note that a replica must not have the ability to cause serious bodily harm. Here comes the interesting part, the exception of the above is the following:
Quote:Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
(a) an air gun or BB/pellet gun that resembles a real make and model of a firearm may not be a replica firearm if it is an “uncontrolled” firearm (see “Uncontrolled” firearms).
(b) a disabled or deactivated firearm is not a replica firearm as it was originally intended to be a firearm, and not simply to resemble one.
55. Except for replica frames and receivers, most parts intended for replica firearms will generally be admissible, subject to other customs requirements such as payment of duties and taxes. However, border services officer must be vigilant that the parts in question are not interchangeable with real firearms or are not prohibited devices in their own right. For example: border services officer must ensure that the magazines that come with replicas are not real magazines that can be used in firearms and be able to store real ammunition.
56. If you need more information on the capacity of a given device to inflict injury, its muzzle velocity, its resemblance to a real firearm, or any other technical matter, detain the shipment and:
(a) use the FRT;
(b) consult the regional RFC or RIFLO (in doing so, please provide all available information about the device in question, such as instruction manual (if available), photos, name & model of the device, manufacturer, calibre, etc.); or
© conduct research via the internet (especially the web sites of manufacturers, distributors and retailers if applicable).
This is the part that says if an airsoft guns meets the definition of an uncontrolled firearm than it cannot in fact be a replica. So what makes an airsoft gun an uncontrolled firearm? Let’s go back and review what was said in D19-13-2 subsection 54(b). Subsection 54(b) states that airsoft guns are replicas because they are not capable of causing serious bodily harm according the Criminal Code. The Criminal Code states that serious bodily harm is caused at 407 FPS (124mps).
So if an airsoft gun shoots above 407 FPS (on a standard projectile which is typically 0.20g BBs) it is considered to cause bodily harm is no longer a replica but an uncontrolled firearm by CBSA standards.
It is VERY important to note that in the majority of cases it is up to the Customs Officer to make these determinations.
Now that we have discussed what is and isn’t “legal” airsoft let’s talk about how to bring your gun into the United States for a game and how to get it back in. There are many key factors in having this process succeed and it is very important that all steps are followed to the letter. One very important factor to remember is that US Federal Law requires all airsoft guns to have the first 6mm painted blaze orange or yellow. Failure to have your flash hider painted could have your gun seized by US Customs and Border Protection.
The first and most important step is to ensure your airsoft gun is shooting above 407 FPS but below 500 FPS. While the 500 FPS rule is meant to be met with the joules limit, it is irrelevant to our needs as most fields even in the US will not allow such a high velocity anyways. After you’re sure you gun meets the requirements set out by CBSA you will need to bring your gun into your local CBSA office. When you do this ensure you leave your gun in your vehicle and go into the office first and let them know you would like an Y38 form for your airsoft gun. At this point ask them if they would like you to bring the gun into their office or if they would like to come to your car and bring it in themselves. I have found in my experience they will have your bring it in yourself, but ask anyways just in case. They will place a sticker with a unique serial number on your gun providing your gun does not already have a unique serial number. You will get a green card with the make of the gun and the serial number. It’s important to note that Y38’s cost nothing.
The most common misinterpretation of an Y38 is that it proves that the gun is legal for re-importation. This is not true. An Y38 only proves that the gun was purchased in Canada not that it meets the standards set out by the CBSA, RCMP or the Criminal Code of Canada.
Once you have completed that you will need to have your gun chronographed by an “expert.” Through an email conversation with Customs Officers in Ottawa, I was able to arrange to have my local Registered Gun Smith to be classified an expert. In your city you will need to find someone who can be classified an expert for this process to work. This must be documented on the expert’s letterhead and contain the following information:
1. How the expert was able to conclude that the airsoft gun in question met the requirements set out in Memorandum D-19-13-2. This can normally be the definition of a “gun chronograph.”
2. What was the velocity and weight of the BB
3. How many shots were fired and what was the average.
4. Address, telephone number and name of the expert.
Once you have your Y38 and your documentation that proves your gun shoots at the standard set by the CBSA you should be all set to go. It is highly recommended that you contact your local CBSA office as well as the border crossing before you go ahead and do this.
It should be noted that CANSOFT does not always need to meet the 407 FPS requirement to be allowed for re-importation, but that is determined case by case so please consult your local CBSA office before trying to cross the border with just an Y38.
To summarize the above in simple terms:
1. Get Y38
2. Have gun proven to meet standards set by CBSA by an Expert
3. Done.
Thank you for reading this and I hope you have found it useful.
Jackals / Chef.
Canadian Law in Regards to Airsoft and Re-Importation of Airsoft Guns
