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  1. #1
    Senior Member DOOK's Avatar
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    So, just to be clear; an unaltered magazine body without parts is only illegal when you try to import it? As an unassembled magazine body already in Canada without a rivet, indent or other body attached blocking device, that is legal?

    Wasn't there case law on this already? I do believe there was a guy trying to import bodies by themselves to be pinned in Canada. He was charged, and convicted. What is to stop someone from being charged with an unassembled magazine body that hasn't been modified to limit to 5 because a baseplate block is being used?

  2. #2
    www.aztecharmory.ca
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    Quote Originally Posted by DOOK View Post
    So, just to be clear; an unaltered magazine body without parts is only illegal when you try to import it? As an unassembled magazine body already in Canada without a rivet, indent or other body attached blocking device, that is legal?

    Wasn't there case law on this already? I do believe there was a guy trying to import bodies by themselves to be pinned in Canada. He was charged, and convicted. What is to stop someone from being charged with an unassembled magazine body that hasn't been modified to limit to 5 because a baseplate block is being used?
    First let me clarify that I'm not a lawyer or a judge... but I do know what CBSA will and will not allow for import. As mentioned previously, we have had these magazines inspected by CBSA and there was no issue.

    To the point of the question, one could certainly argue that the body alone could be considered prohibited as was the case when the referenced individual was charged and convicted of trying to import them. However, once the magazine is assembled it is no longer a prohibited device as it can be clearly demonstrated that it will not hold more than the specified five or ten rounds. The S&W M&P22 pistol is a good example of an allowable factory 10 round magazine which has an internal block. Only difference between that and ours is their block is easily removed by hand and needs no replacement parts in order to function with the block removed.

    With that all said I suppose if you had the need or desire to transport the empty bodies it would be wise to add a rivet, but as long as they are assembled I see no reason for concern.
    It's Not Always a Matter of Need...

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  4. #3
    Senior Member RangeBob's Avatar
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    Quote Originally Posted by DOOK View Post
    I do believe there was a guy trying to import bodies by themselves to be pinned in Canada. He was charged, and convicted.
    R. v. Cancade, 2008/2011 BCCA
    -- 2011 http://canlii.ca/t/fkfmh
    -- 2008 http://caselaw.canada.globe24h.com/0...bcpc-336.shtml

  5. #4
    www.aztecharmory.ca
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    Quote Originally Posted by RangeBob View Post
    If we were take this case as a precedent, then all standard capacity magazines would need to be considered as prohibited devices. As I've mentioned in a previous post, the rivets can easily be removed with nothing more than a multi-tool in in far less time than it has taken me to type this. We just brought in another dozen Gen 2's with no issue at CBSA, so I have to believe that there were other mitigating circumstances surrounding this case.
    It's Not Always a Matter of Need...

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