Using Memorandum D11-11-3

[Enthusiast]

Hi,

Did any one try to use the Memorandum D11-11-3 (Advance Rulings for Tariff Classification) to get a decision preview ? I was told by an agent of CSBA that I could use it to get a clarification about airsoft importation.

I usualy buy my stuff localy, but I would be curious to try. For example, I know that a pistol with a potato masher on the barrel was ok in because if was not consider a replica, but I am not sure if it was a decision on that day by a agent or if it could be replicated.

[Ricochet]

For the replica ruling, the gun would have to be highly altered. Can you do it to a real firearm and have it not be a real firearm? The potato masher idea is pretty stupid, so either that agent was an idiot, or you're being fed some crazy BS.

Airsoft guns for all intents and purposes are not considered replicas, they are considered firearms. The CBSA simply has their own rules/guidelines they follow on what can come in and it has nothing to do with legal ownership laws, so trying to find a cheap way around that system is asking for trouble. If an airsoft gun shoots 366 - 499 FPS it's supposed to be okay for importation, but they usually require paperwork from manufacturer, retailer, etc, or they'll test it themselves. The last option can take time like crazy and if everything isn't square, you can get it trouble. But nearly for any reason they can seize and/or destroy an object they deem unfit for entry, even if to you, you've followed all their rules and its legal to bring in. So, follow their rules to literal compliance, crossing all T's and dotting all I's and there's a 99.9% chance you'll be fine. Try anything else, and well, you're playing with a firestorm.

[Enthusiast]

The 1911 with potato masher was return to someone I know, but not a broken gun and another one shooting below 366 fps.

For a airsoft gun to be consider a replica, it need to replicate a real gun, no ? For example the APS UAR is not a real gun, so it could be imported shooting a 350 FPS ?

[Ricochet]

The legal definition of a replica is to mimic a firearm with near precision. But let's say you take an real M14 and give it a makeover to look like a real M4, or whatever. Airsoft guns are considered unregulated firearms, not replica firearms. Take the word replica and throw it in the trash. If you want your Airsoft gun to be legal to OWN then it must be able to cause serious bodily harm or it could be deemed replica. Anything shooting well below where that mark is AND mimics a real firearm could be considered a replica. But I can blast your eye out with 200 FPS, so it doesn't take much. This is not the classification you are worrying about. An Airsoft gun in general is classified under different legislation anyways, so it doesn't matter what it looks like. The CBSA has stated that AIRSOFT GUNS must shoot between 366 - 499 FPS for import, period, they don't care what they look like. And on a completely different/other side of things, the CFP doesn't really care what they look like either, as any device will be treated as a firearm until proven otherwise. And Airsoft guns will be treated as firearms for purposes of the criminal code (commit a firearm related offense). So in the off chance you have an Airsoft gun, that looks nothing like a real firearm AND cannot cause serious bodily harm, you could argue it's a BB gun and therefore who cares. But because the CBSA doesn't really care about that and literally classifies Airsoft guns as literal Airsoft guns, they won't change their methods wether the gun looks exactly like an AK-47 or like a damp sock. An Airsoft gun is an Airsoft gun is an Airsoft gun for the purposes of the CBSA. That being said, yes, you can attempt to get something across and hope the CBSA agent is uncaring and let's it through because, whatever, but I don't reccomend that.