mechbox siezed by customs

[Opea]

Got an interesting letter from customs after ordering a systema full gear box from overseas. Letter states "Canada border services agency is currently in possession of a mail item adressed to you containing the following: 1 receiver for replica m16 k24# 1080160 These goods were examined and have been classified as prohibited under tariff 9898.00.00 of the customs tariff schedule "


Now i know the risks involved with anything with an airsoft association but i have a hard time with how a mech box is a replica weapon?

Any suggestions before i call these fellas?

[CDN_Stalker]

Curious you call it a gear box and they refer to it as a "receiver".

(n) for the purposes of tariff item No. 9898.00.00, amending that tariff item to prescribe conditions under which arms, military stores, munitions of war or offensive weapons are excluded from that tariff item;

(o) prescribing anything that is to be prescribed under a tariff item in Chapter 98 or 99 in the List of Tariff Provisions;

(p) prescribing anything that may be prescribed under this Act; and

(q) generally, for carrying out the purposes and provisions of this Act.

http://canadagazette.gc.ca/partII/20...l/sor20-e.html

Vol. 135, No. 1 — January 3, 2001

Registration
SOR/2001-20 19 December, 2000
CUSTOMS TARIFF

Regulations Amending the List of Tariff Provisions set out in the schedule to the Customs Tariff (Firearms and other Prohibited Goods)
The Minister of Finance, pursuant to section 13 of the Customs Tariff (see footnote a), hereby makes the annexed Regulations Amending the List of Tariff Provisions set out in the schedule to the Customs Tariff (Firearms and other Prohibited Goods).

Ottawa, December 19, 2000

Paul Martin
Minister of Finance

REGULATIONS AMENDING THE LIST OF TARIFF PROVISIONS SET OUT IN THE SCHEDULE TO THE CUSTOMS TARIFF (FIREARMS AND OTHER PROHIBITED GOODS)

AMENDMENTS

1. (1) Subparagraph (e)(i) in the Description of Goods of tariff item No. 9898.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff (see footnote 1) is replaced by the following:

(i) a non-resident who meets the requirements of section 35 of the Firearms Act or who holds a licence to acquire and possess that kind of firearm,
(2) Subparagraph (f)(i) in the Description of Goods of tariff item No. 9898.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

(i) a non-resident who meets the requirements of section 35 of the Firearms Act or who holds a licence to acquire and possess that kind of firearm and an authorization to transport,
COMING INTO FORCE

2. These Regulations come into force on January 1, 2001.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Tariff item No. 9898.00.00 of the Customs Tariff currently prohibits the importation of offensive weapons, a class which includes all firearms and other weapons, except in certain authorized circumstances. The provision complements terminology, references and requirements in the Firearms Act, Part III of the Criminal Code (which deals generally with the control of firearms and other regulated items) and the Export and Import Permits Act (which provides for certain import and export controls).

The system for controlling firearms and other weapons changed substantially with the passage of An Act Respecting Firearms and Other Weapons which became law on December 5, 1995. While most of the new gun control legislation was brought into force on December 1, 1998 through a comprehensive set of regulations and orders, those aspects of the new legislation dealing with the importation and exportation of firearms were to be phased in later.

On January 1, 2001, portions of the new gun control legislation applicable to non-resident individuals importing non-restricted and restricted firearms (non-residents may not import prohibited firearms) will be brought into force. In this regard, these Regulations make two amendments to tariff item No. 9898.00.00 to bring the Customs Tariff in line with the coming into force of import-related measures contained in the Firearms Act. These changes would provide for licensing and registration at the time of importation for non-residents importing firearms. Accordingly, non-residents who do not possess a licence may import a firearm (that is not a prohibited firearm) provided a prescribed declaration has been made to and confirmed by a customs officer. In the case of a restricted firearm, an authorization to transport, normally issued in advance by a chief firearms officer, would also be required. The confirmed declaration will be deemed to be a temporary licence and registration certificate, and will be valid for an initial period of 60 days, after which time, it may be renewed by a chief firearms officer by mail or electronic means. A customs officer may also refuse to confirm the declaration and may authorize the firearm to be exported.

Alternatives

Regulations are the only expedient means for making changes that are required to support the Firearms Act. The new gun control legislation requires the phasing in of processes for its administration which, in the case of import-related measures, must be supported with timely amendments to the Customs Tariff.

Benefits and Costs

These Regulations reflect the coming into force of sections 35 and 36 of the Firearms Act. The amendments will have an impact on approximately 75,000 non-resident individuals importing firearms, who must, at the time of importation, pay a fee of $50 for a confirmed declaration. The fee is payable only once in a 12-month period, whether or not any new or renewed declarations are required within that period. The new provision will give non-residents the opportunity to conform with Canadian law that requires all gun owners to have obtained a personal possession or acquisition license by December 31, 2000.

Consultation

The phasing-in of the Firearms Act, which these Regulations reflect, has been the subject of extensive public consultation and notice, and businesses and individuals importing firearms and other weapons will be further advised through targeted communications programs. The Orders bringing the Act into force, together with Explanatory Notes regarding those portions of the Act which were deferred, including sections 35 to 42 affecting importation by individuals, were published in the Canada Gazette, Part II on September 30, 1998. These consequential changes to tariff item No. 9898.00.00 of the Customs Tariff were the result of consultations with: the Department of Justice, which is responsible for the Firearms Act; the R.C.M.P., which is responsible for administering some of the relevant provisions of the Act; and, with the Canada Customs and Revenue Agency (CCRA), which is responsible for administering the importation provisions of the Firearms Act and tariff item No. 9898.00.00 of the Customs Tariff.

Compliance and Enforcement

The amended Regulations will be administered by the CCRA in the course of its administration of customs and tariff legislation.

Coming into Force

Section 2 of the Regulations provides that they come into force on January 1, 2001, which is the date on which the relevant provisions of the Firearms Act will come into force.

Contacts

Customs Tariff

Megan Clifford
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
Tel.: (613) 992-6890

Firearms Act, Criminal Code - Statutory program for the control of firearms and other weapons

Legal Counsel
Canadian Firearms Centre
Department of Justice
East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Tel.: 1-800-731-4000
FAX: (613) 941-1991

Footnote a

S.C. 1997, c. 36

Footnote 1

S.C. 1997, c. 36

http://canadagazette.gc.ca/partII/19.../sor577-e.html

Registration SOR/98-577 27 November, 1998
CUSTOMS TARIFF

Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff
The Minister of Finance, pursuant to section 13 of the Customs Tariff (see footnote a), hereby makes the annexed Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

Ottawa, November 27, 1998

Paul Martin

Minister of Finance

REGULATIONS AMENDING THE LIST OF TARIFF PROVISIONS SET OUT IN THE SCHEDULE TO THE CUSTOMS TARIFF

AMENDMENT

1. The description of goods of tariff item No. 9898.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff (see footnote 1) is replaced by the following:

Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this tariff item referred to as prohibited goods, but does not include the following:

(a) prohibited goods imported by

(i) a public officer in the course of the public officer's duties or employment, or

(ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province;

(b) prohibited goods imported by a business that holds a licence authorizing it to acquire and possess those goods, or prohibited goods that are being shipped in transit through Canada by a business that does not carry on business in Canada;

(c) prohibited goods, or any class of prohibited goods, that, under regulations made by the Governor in Council, are exempted from the provisions of this tariff item;

(d) any weapon that, under subsection 84(3) of the Criminal Code, is deemed not to be a firearm;

(e) any firearm, other than a restricted firearm or a prohibited firearm, imported by

(i) a non-resident,

(ii) an individual who holds a licence to acquire and possess that kind of firearm, who is a resident of Canada and who acquired the firearm outside Canada, or

(iii) an individual who is a resident of Canada and who did not acquire the firearm outside Canada;

(f) any restricted firearm imported by

(i) a non-resident who holds an authorization to transport,

(ii) an individual who holds a licence to acquire and possess that kind of firearm and an authorization to transport, who is a resident of Canada and who acquired the firearm outside Canada, or

(iii) an individual who is a resident of Canada, who holds an authorization to transport and who did not acquire the firearm outside Canada;

(g) any prohibited firearm, imported by an individual who is a resident of Canada, who holds an authorization to transport and who did not acquired the firearm outside Canada;

(h) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued under section 8 of the Export and Import Permits Act;

(i) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and

(j) arms, military stores, munitions of war, or classes thereof, that under regulations made by the Governor in Council, are exempted from the provisions of this tariff item.

For the purposes of this tariff item,

(a) "firearms" and "weapon" have the same meaning as in section 2 of the Criminal Code;

(b) "automatic firearm", "licence", "prohibited ammunition", "prohibited device", "prohibited firearm", prohibited weapon,

restricted firearm and "restricted weapon" have the same meanings as in subsection 84(1) of the Criminal Code;

(c) "public officer" has the same meaning as in subsection 117.07(2) of the Criminal Code;

(d) "authorization to transport", "business", "carrier" and "non-resident" have the same meanings as in subsection 2(1) of the Firearms Act; and

(e) "visiting force" has the same meaning as in section 2 of the Visiting Forces Act.

COMING INTO FORCE

2. These Regulations come into force on December 1, 1998.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Tariff item No. 9898.00.00 currently prohibits the importation of "offensive weapons", a class which includes all firearms and other weapons, except in certain authorized circumstances. The provision complements Part III of the Criminal Code, which deals generally with firearms control, and the Export and Import Permits Act, which provides for certain import and export controls at the border.

On December 5, 1995, An Act respecting firearms and other weapons was passed and became law, although most of the Act is not yet in force. The Act established substantial changes to the system for controlling firearms and other weapons, and introduced a new Firearms Act, which provides for, among others, the authorized circumstances in which firearms and other weapons may be imported and exported. It also replaced Part III of the Criminal Code and made other amendments to the Code to provide a more complete set of supporting offences.

A comprehensive set of regulations and orders is required to fully implement the new gun control legislation. Most of the Act will be brought into force on December 1, 1998. However, given the impact that this legislation will have on all Canadians who own or seek to acquire firearms, and the time required to establish certain automated processes associated with the program, those aspects dealing with licensing, registration, and the importation and exportation of firearms are being phased in or managed under transitional provisions provided for under the Act.

In this regard, three import-related changes need to be made to the Customs Tariff between now and January 1, 2001. The first is an amendment to tariff item No. 9898.00.00, which is required for December 1, 1998, to bring the Customs Tariff in line with the changed terminology and references in the Firearms Act, the new Part III of the Criminal Code and related regulations that implement the new gun control legislation. Changes made by the new legislation regarding the status of certain firearms and devices will have an impact on the importation of some of the goods covered by the tariff item. For example, certain handguns will move from the restricted class to the prohibited class, and replica firearms will become prohibited devices. It will not, however, change any of the substantive requirements currently in place for importing firearms and other weapons into Canada.

Two other amendments will be required between December 1, 1998 and January 1, 2001 to coincide with the introduction of the other portions of the new gun control legislation that are expected to be brought into force in 1999, applicable to businesses importing firearms, and on January 1, 2001 respecting the importation of firearms by individuals.

Alternatives

Regulations are the only appropriate mechanism for making technical changes of this nature. The effect of the change is simply to make the terminology and references contained in the tariff item accord with the changes in the substantive criminal law legislation that the item reflects.

Benefits and Costs

The Regulations amending tariff item No. 9898.00.00 reflect the change in language and references made to the substantive criminal law legislation by the Firearms Act and the new Part III of the Criminal Code. They will have no significant impact, however, on either individuals or businesses importing firearms or other weapons.

Consultation

The phasing-in of the Firearms Act, which these amending Regulations reflect, was the subject of extensive public consultation and notice, and businesses and individuals importing firearms and other weapons will be further advised through targeted communications programs. The Orders bringing the Act into force, together with Explanatory Notes regarding those portions of the Act which are being deferred, including sections 35 to 42 affecting importation by individuals and sections 43 to 53 affecting businesses, were published in the Canada Gazette Part II on September 30, 1998. These consequential changes to tariff item No. 9898.00.00 of the Customs Tariff were the result of consultations with: the Department of Justice, which is responsible for the Firearms Act; the R.C.M.P., which is responsible for administering some of the relevant provisions of the Act; and, with the Department of National Revenue, Customs and Excise, which is responsible for administering the importation provisions of the Firearms Act and tariff item No. 9898.00.00 of the Customs Tariff.

Compliance and Enforcement

No compliance mechanism is required. Any importation of firearms and other weapons that does not comply with the tariff item is prohibited by the item.

Coming into Force

Section 2 of the Regulations provides that they come into force on December 1, 1998, which is the date on which the relevant provisions of the Firearms Act and the new Part III of the Criminal Code will come into force.

Contacts

Customs Tariff

Megan Clifford International Trade Policy Division Department of Finance Ottawa, Ontario K1A 0G5 (613) 992-6890

Firearms Act, Criminal Code — Statutory program for the control of firearms and other weapons

Legal Counsel

Canadian Firearms Centre

Department of Justice

East Memorial Building

284 Wellington Street

Ottawa, Ontario

K1A 0H8

Telephone: 1-800-731-4000

FAX : (613) 941-1991

Footnote a

S.C. 1997, c. 36

Footnote 1

S.C. 1997, c. 36

Ya, out of date, lots of legal gobbly-goop.

Anyways, if it's listed as "replica" "receiver" etc. I guess it's fair game. Not like you are trying to import an M16 metal body or anything. Where did you order it from? Funny that mags generally make it through customs, even if they have M16/M4 listed on it (but heard it depends on the country of origin, some have been siezed). If you can't get them to release it to you, ask them to send it back to the retailer you bought it from, then you can get a refund of your cash. If they decide to destroy it, you are out of cash, period.

[BC_K]

Even manufacturer's refer to them as gear boxes, as a Receiver, is part of the guns body.

Thats Canada customs for you, they always find ways to screw you.

[PoFF]

I'd write them a little letter or call them back.

A reciever for an AR-15 type firearm is the lower part of the assembly, that bears the serial number. ANY other part of the firearm is not considered a firearm and is not subject to control, including the upper reciever. That's for the real-steel, I'd guess the same would apply for airsoft. IMO a gearbox doesn't even closely ressemble an M-16 lower reciever.

I guess that there's a Custom officer somewhere that needed a new gearbox for his gun heh?

[Opea]

ill call the guy first but i am thinking of sending

- my original order and receipt
- a picture of the mechbox
- this excerpt from "impoting a firearm or weapon into Canada"
"Replica firearms are not classified as firearms but are designed or intended to exactly resemble a firearm with near precision
- a picture of a m16a2
- a picture or a real armalite lower and upper reciever
- a question of where this mechbox is is a replica of any part of the above two pictures
- a letter with my sincere regards in his dilligence in keeping weapons out of Canada

hopefully that will suffice.

[CDN_Stalker]

Originally Posted by Opea

ill call the guy first but i am thinking of sending

- my original order and receipt
- a picture of the mechbox
- this excerpt from "impoting a firearm or weapon into Canada"
"Replica firearms are not classified as firearms but are designed or intended to exactly resemble a firearm with near precision
- a picture of a m16a2
- a picture or a real armalite lower and upper reciever
- a question of where this mechbox is is a replica of any part of the above two pictures
- a letter with my sincere regards in his dilligence in keeping weapons out of Canada

hopefully that will suffice.

Keep in mind that replicas of weapons are prohibited according to the law, but what is considered a replica is a NON-FIRING replica of a real gun. Hence airsoft falling in between replica and airgun, since it shoots a projectile it can't be considered a replica, and since it can't cause the same damage as an airgun (that fires .177 or .22 cal metal ammo) it can't exactly be that either. If anything it's a plastic model of a real gun, or an imitation gun. Or airgun parts if you want to be simple and legal about it.

[RecceGod]

Poff : I hate to contradict you but:

replica firearm” « réplique » “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;

So the WHOLE receiver, wether it has a serial # or not, is illegal.

[RecceGod]

Originally Posted by Opea

"Replica firearms are not classified as firearms but are designed or intended to exactly resemble a firearm with near precision

If you go that road, they'll just tell you it's a prohibited device dude...

Check my post in this thread, read it carefully and it might be of help.

http://www.airsoftcanada.com/showthr...428#post335428

[CDN_Stalker]

I'll post this here since I am reading through Recce_God's recent post on the thread, might give some good info for Opea.

http://www.airsoftcanada.com/showthread.php?t=26584

Still, what real firearm looks like a Version 2 mechbox?

[RecceGod]

I know, it's fucking retarded... They might take in consideration that it's for an airsoft rifle, therefore it's illegal...

But then again, I've ordered silencers and mags from WGC and got them.



Opea: just got with the picture comparisons and the definition of a receiver and it should be enough.

Keep this part out though:

- this excerpt from "impoting a firearm or weapon into Canada"
"Replica firearms are not classified as firearms but are designed or intended to exactly resemble a firearm with near precision

[CDN_Stalker]

Originally Posted by RecceGod

I know, it's fucking retarded... They might take in consideration that it's for an airsoft rifle, therefore it's illegal...

But then again, I've ordered silencers from WGC and got them fine...

Really? Shagg does regular (almost every month or two) orders from WGC and UN Company, we avoid things like metal bodies, yet they are chock full of mags, parts, RIS systems etc. and NONE have been siezed, even though the items have been inspected by customs. Quite a few guys on the team have silencers for their guns, and I'm pretty sure that they didn't buy them from a Canadian retailer or from someone on ASC.

[firemachine69]

Originally Posted by RecceGod

I know, it's fucking retarded... They might take in consideration that it's for an airsoft rifle, therefore it's illegal...

But then again, I've ordered silencers from WGC and got them fine...

That's likely what happened. However, they have no force to do that. Send them a letter, polite, yet firm, stating that if part is not immediately released (as it contravenes NO laws), the matter will be pursued at the tribunal, at the cost of CCRA for all expenses incurred for the trip and stayover. Don't say "oh noes you can't do that!" Fact is, you CAN. Just make sure you clearly ask which part of that section they are holding it against.

DON'T play the replica v.s. imitation. You're only bound to lose.

Customs consists mostly of a bunch of retarded soccer moms. They see M16 anywhere on the package, and they freak.

[RecceGod]

Sorry , That's what I meant...

[CDN_Stalker]

Originally Posted by firemachine69

Customs consists mostly of a bunch of retarded soccer moms. They see M16 anywhere on the package, and they freak.

Don't even think about ordering any parts for this http://www.martin16.com/sloop/ from overseas then. :-D

[Opea]

im not gonna play the replice vs real game, i am going to simply state its a part that i ordered that by their definition is a "replica" part, heres pics of the real magoo, show me where this mechbox, which is described as a full option gearbox( i mean really what else is it), is on the real picture and ill gladly drop the issue.