Why are Valment AK's actually legal?

[u/Whoopity_Longjohn]

All AK variants are banned but I'm just curious about what difference makes the Valmet variant legal. Specific components? Caliber? Where it was made?

[u/Krazee9]

It is exempt from the ban by name. Specifically, the Valmet M78, Valmet Hunter, and Valmet Hunter Auto are exempt by name. The other Valmets, like the M76, are still banned.

Supposedly, this is because in the '80s sometime the government had given a bunch of Valmets to native groups in Northern Quebec and didn't then want to confiscate them from those groups, so they decided to make a special exception for the Valmet.

[u/tyler111762 → u/Krazee9]

could one do a "shovel valmet?"

[u/Krazee9 → u/tyler111762]

Not bloody likely.

However, the law simply says that the "Valmet M78, Valmet Hunter, and Valmet Hunter Auto" are exempt from the ban. It does not specify Valmet of Finland. This means that, theoretically, a Canadian company could incorporate under the name "Valmet" and begin making a standard AK known as the "M78" and technically, since it is a Valmet M78, it would be exempt from the ban by name.

[u/SHaRTTSTRiKE → u/Krazee9]

People have thought of that. Problem being that is kind like saying I'm going to make a company and call it "Smith & Wesson" and make SV9 pistols. Yeah I know kind of an awkward example I was going to use Colt but there is already colt canada. Anywho back on topic. Couple of things would probably happen. The real Valmet company would get upset and possibly legal action taken against you. The more likely would be the RCMP would simply classify it not as a "Valmet M78" but as a variant of an AK and therefore prohibited because well they are AKs.
One thought which was tossed around was convincing Valmet themselves make them but then I'd say with 99% certainty that the RCMP would give it a different FRT number from the originals and therefore not covered under the exemption.

[u/Krazee9 → u/SHaRTTSTRiKE]

Valmet doesn't operate within Canada (I just recently learned that the company is no longer bankrupt and has been revived) and their gun division was sold to Sako in 1986. If you operate a company under the same name as another but in a different market you're allowed to do that. See: Remington guns and Remington Household Products. It also depends on where your trademark is considered valid. We accept as valid many American trademarks, but not necessarily European ones unless those companies operate within our market.

Also the RCMP would almost certainly try and say no, however as I said, the law just says "Valmet M78" not "Valmet of Finland M78," which means if you were to take it to court there is a chance that you'd win because of the vague, stupid wording of the law. As I said, it's theoretical, because nobody has the several million dollars to waste to actually try it.

[u/ctcsupplies → u/Krazee9]

Valmet is trademarked in Canada by the Finnish company

https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=0487127&lang=eng&tab=reg

[u/Krazee9 → u/ctcsupplies]

Well we're possibly fucked then, especially since it lists a current owner, meaning the trademark is still active.

[u/WhackDanielz → u/Krazee9]

What if you licensed the Valmet name and started Canadian production? I mean it would be stupid expensive, but it'd be the kind of the thing I would do if I ever hit the $50 mil Lotto Max. I would totally spend a large portion of my new found wealth just to troll the RCMP.

[u/tyler111762 → u/WhackDanielz]

i wonder if we could seriously get the community to get a crowd fund going and get an existing manufacturer to create a subsidiary called valmet.

i wonder if you could even get it down to the level of naming a factory valmet and still pull it off.

[u/[deleted] → u/tyler111762]

Id pledge to that.