 RAP4/RAM Paintball Rifles Banned in Canada by CBSA Topic: Reviews Date: 2008/1/31 
The CBSA (Canadian Border Services Agency) on January 17th 2007 decided to prohibit RAM manufactured paintball rifles under the Customs Act, citing that they are replicas of the M4 Carbine Assault Rifle. In Canada, replica firearms are prohibited. The litmus test is that a replica firearm is: designed with near precision to look like an actual firearm, with the exception of antique firearms. A fellow by the name of Allan Zerr has been taking up the case for RAM in Canada with the CBSA, following through the appeals process up until the final appeal was dismissed by the Canadian Council of Tarriffs and Trade today on January 31st 2008. The technical side of it If you are a legal beagle here's the specifics: - an appeal pursuant to subsection 67(1) of the Customs Act1 from a decision of the President of the Canada Border Services Agency (CBSA), dated January 17, 2007, under subsection 60(4) of the Act - appeal is whether the CBSA properly classified two paintball rifles as prohibited devices under tariff item No. 9898.00.00 of the schedule to the Customs Tariff.2 The rifles in issue are two identical Real Action Marker (RAM) RAP4 paintball rifles, which are manufactured in Hong Kong by Asia Paintball Supply (APS) Ltd. and distributed in North America by Real Action Paintball of Santa Clara, California. They are purportedly replicas of a Colt M4 carbine. RAP4? Its a long story, you may want to read my other article about RAM/RAP4 rumours debunked. Basically a company named Quan Wei in China makes the APS RAM rifles. The factory is connected to the Chinese military and also makes training rifles for Chinese law enforcement and the military. A company called APS, the owner of which is a major minority shareholder in the factory (Frog Lee) handles worldwide distribution for the RAM markers. RAP4 is an importer and rebrander that imports the RAM markers mostly in the US market but also imports other markers made by other companies such as Hummer Ltd. in Taiwan. Not all RAP4 products are affected, and not all RAM products are affected; just the 43 caliber RAM / RAP4 markers that are lookalikes of the M4 Carbine, magazine fed. What does the legislation actually say? "Tariff item No. 9898.00.00 reads, in part, as follows: 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 . . .For the purposes of this tariff item, (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 . . . . "Subsection 84(1) of the Criminal Code4 provides that a “prohibited device” includes, among other things, a replica firearm, which is defined as follows: "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 was the defense on the part of RAM/RAP? Mr. Zerr submitted to the tribunal that there are rifles that are identical rifles available for sale in Canada ordered from the same company (ie. direct from APS RAM), although these rifles are also under review in the scope of the article. The CBSA didnt buy that and said that other items have no bearing on the items in question anyway. Is this why my dealer has been having problems with RAP4 / RAM products? Absolutely. As the CBSA has been leading the charge against these rifles, they are the ones who have been consficating orders. As not all packages are inspected and not all border agents are familliar with all prohibited items, during the course of the appeals process not all shipments may have been halted. Not a replica, whut? The case gets a bit more interesting, and has some real ramifications for other simulation paintball markers - so manufacturers and importers take note. RAM/RAP4 got special chiding from the tribunal because their distributor's website advertises “. . . identical to the legendary M4 rifle used by SWAT Teams and the U.S. Military . . .”. Makes it kind of difficult to say its not a replica (and therefore prohibited) when you say something like that on your website. Uh oh. What about other scenario markers? Well here's what they say: With respect to the arguments that rifles which are identical to the rifles in issue were purchased and imported into Canada from the same company and that people have ordered real hunting rifles from the United States without problem, the Tribunal refers to its decisions in Wayne Ericksen v. Commissioner of the Canada Customs and Revenue Agency12 and Romain L. Klaasen v. President of the Canada Border Services Agency13 where the Tribunal stated that it is “. . . not a court of equity and must apply the law as it is . . .”14 and that “. . . any previous shipments . . . not intercepted by the CBSA or its predecessors is irrelevant. The administrative action, or inaction, of the CBSA cannot change the law . . . Is there any more recourse for these 43 caliber markers? Nope. Its the end of the line for RAP4/RAM 43 caliber rifles in Canada. Note that this doesnt necessarily affect the pistols; yet. I wouldn't doubt if eventually the 43 caliber pistols get called out too soon enough however. These could be the Walther 223 and other popular 43 caliber pistols. This is the end of the appeals process. Why this big deal with 43 caliber? Well RAM being a company in China with other markets to fill didnt quite think about gun control laws in Canada. They made these markers to be real looking, replica, firearms. Too bad that's prohibited in Canada. They even had plastic shell casings that would eject out the side of the marker to make it that much more real. Something that the CBSA and the CFC doesnt like at all. Another problem with 43 cal versus 68 caliber in this instance is that because of the smaller ball, it allows for a more 1:1 scale of the marker. With 68 caliber paintballs the level of precision comes down. However a 43 cal paintball is much much smaller and the mechanics to operate it are also therefore smaller. Who uses 43 cal anyway? I've never seen it for sale at any field In reality, next to nobody uses 43 caliber. Most fields actually ban it for insurance reasons mostly because they dont want to name and define another flying projectile to insure against; but secondarily because there isnt enough of a market base to actually buy it for resale; it would get stale. 43 cal is actually a bit more accurate than 68 caliber paintballs because the air has less of an effect on the ball, and because its lighter its likely safer. Whats the future for RAM markers and 43 cal in Canada? Well this ruling specifically only applies to M4 lookalikes. However importers like RAP4 are switching over to 68 cal in droves and avoiding RAM products like the plague because once you're on the shit list, your on the shit list - and nothing but trouble can come of this for RAM in Canada. With a win under their belt, CBSA will likely go after other RAM products including pistols and other replica parts. How do I make sure that what I'm buying online isnt banned - if it is will I lose it? Will I get my money back? Well first thing to remember that it's the customers problem if you pay for something to be shipped from the states and the CBSA snags it and destroys it because its prohibited. Its your responsibility to ensure that your importing something legal. The best thing to do is to buy it from a retailer in Canada that has it in stock. Even if they dont have it in stock, if they cant prove they shipped it then they are obligated to return your money. For a Canadian company to ship it to you via the USA wouldnt make sense. Next you may also want to contact the Canadian Firearms Centre and read the article on Paintball Guns and the Law here on CSPO. When buying a scenario marker, do your research, buy in Canada and dont get burned! This article comes from Canadian Scenario Paintball Operations - Canada Paintball Scenario Game Video101 http://www.canadianscenariopaintball.com The URL for this story is: http://www.canadianscenariopaintball.com/article.php?storyid=34 |