Air Guns

If you own or want to acquire an air gun, here is some information you should know about how the Firearms Act and the Criminal Code apply to them.

Air guns (also known as BB guns, pellet guns, spring guns or air soft guns) fall into three categories:

• air (pneumatic system),
• spring (spring-air), and
• gas (CO₂/nitrogen).

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.

These are air guns with both a high muzzle velocity (greater than 152.4 meters or 500 feet per second) and a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds). The “muzzle velocity” is the speed of a projectile at the instant it leaves the muzzle of a gun, normally expressed in metres per second or feet per second. The “muzzle energy” is the energy of a projectile at the instant it leaves the muzzle of a gun, expressed in joules or foot-pounds. Air guns need to meet both standards to be classified as firearms for purposes of the Firearms Act.

These high-powered air guns are subject to the same licence and registration requirements as a conventional firearm.

You are also required to store, transport, display and handle them safely in accordance with the regulations supporting the Firearms Act.

Usually, the manufacturer’s specifications are used to determine what muzzle velocity and muzzle energy an air gun was designed to have. This information may be available in the user’s manual or on the manufacturer’s web site. If the information is not available, individuals can call 1 800 731-4000 and ask to speak to a firearms technician to find out if the air gun is classified as a firearm for purposes of the Firearms Act.

High-powered air rifles are classified as non-restricted firearms. High-powered air pistols are classified as restricted if their barrel is longer than 105 mm or prohibited if their barrel length is 105 mm or less.

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.

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.

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.

Information

For more information, contact us by one of the following methods:

telephone: 1 800 731-4000 (Toll Free)

web site: www.cfc-cafc.gc.ca

e-mail: cfc-cafc@cfc-cafc.gc.ca

This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its regulations.

Provincial, territorial and municipal laws, regulations and policies may also apply.

Revised May 2005