PDA

View Full Version : Question about self protection laws in Canada



PūręMāhęr
03-18-2015, 10:17 PM
my last thread I asked about acquiring a license, now I need advice on protecting my self. & family

I recently had an issue with someone who is mentally unstable, has been violent in the past and has been know to hurt people. This guy is twice the size of me in both height & weight.

QUESTION - 1 * If he came into my home he would only be coming in for one reason, to end my s***. Do I have the right to use a firearm in self protection in my own home, like our gun friendly neighbors to the south USA ? Or is Canada law putting my in jail for deadly force issues ?

I realize none of you are lawyers, but your opinion would. more than likely, be far more knowledgeable than mine

Thanking you in advance for your replies to my thread.
PūręMāhęr

coastal
03-18-2015, 10:25 PM
Don't put that on your application!

PūręMāhęr
03-18-2015, 10:35 PM
Don't put that on your application!

LOL - never ever considered it !!

3MTA3
03-19-2015, 03:47 AM
Now would be the time to contact the police, not when something happens, Use of firearms for self defense is a last ditch thing. If you are in fear for your life, surely contacting the police currently would be more expedient than obtaining a license.
Our firearms laws are designed to prevent rash purchases and undesirable people from being allowed to own firearms,unfortunately they do not work practically, as the undesirables will obtain and use firearms illegally giving the legal owners the black eye.

Doug_M
03-19-2015, 05:26 AM
In Canada you have the right to defend yourself. If your life (or your family's) is in immediate danger Canadians are allowed to use lethal force. The key is life in immediate danger.


Sent from my iPad using Tapatalk

awndray
03-19-2015, 05:30 AM
There are a few threads here on the subject. Use the search feature and enjoy the show.

Canada_Phil
03-19-2015, 06:22 AM
I completely question your motives for coming here.

I don't even think anyone should be answering your questions at all when your first couple posts boil down to..
1) How do I get a firearm
2) Can I kill some dude who frightens me.

Steveo9mm
03-19-2015, 06:32 AM
:popcorn:

3MTA3
03-19-2015, 06:50 AM
I completely question your motives for coming here.

I don't even think anyone should be answering your questions at all when your first couple posts boil down to..
1) How do I get a firearm
2) Can I kill some dude who frightens me.

I was trying to hint at that without saying it directly

kennymo
03-19-2015, 08:13 AM
I completely question your motives for coming here.

I don't even think anyone should be answering your questions at all when your first couple posts boil down to..
1) How do I get a firearm
2) Can I kill some dude who frightens me.

If you're thinking reporter or anti-gunner looking for dirt, I would rather they leave here with reasonable and correct information. As for your questions OP:
1- you stated that you have a previous criminal record, this will be treated on a case by case basis by the bureaucrats at the firearm centre. You will likely have extra hoops to jump through compared to someone without a record, and it will therefore likely take longer to receive your license as well. Also, it is completely illegal for a 'buddy' to buy a firearm an pass it on to you without a license. If caught, jail time for all involved. (This stems from the other post)

2- self defense is legal in Canada. A gun is treated no differently than a bat, knife or your own fists. If you did happen to defend yourself, you'd likely find yourself heavily scrutinized by the police and Crown. As Doug stated, 'life in imminent danger' is key here. There'd also likely be lawyers and such involved, at your expense, the threat would need to be proven, etc... As well, should you shoot someone who is retreating from your home, you will probably face murder or manslaughter charges. Once you are no longer in imminent danger, you are not allowed to go on the offensive.

Canada_Phil
03-19-2015, 08:26 AM
If you're thinking reporter or anti-gunner looking for dirt...

Ding! Its a heck of a first two questions to start with no?

kennymo
03-19-2015, 08:50 AM
Ding! Its a heck of a first two questions to start with no?

Yes true, I wish reporters would just dig through the law books and look at some case history instead of trolling gun forums. Y'know, do a little actual journalism....

But it could be someone asking a serious question, just suspicious with Harper's comments on rural self defense in the news. First action with someone threatening you or yours should always be the police.

TheCenturion
03-19-2015, 08:54 AM
Firearms, without very extensive and specific training, are poor choices for self-defense. I'll tell you the same thing I've told numerous people worrying about an ex/crazy person/whatever: Google 'protective services dog.' Buy a dog that has been raised and trained, from birth, as a protective services dog.

blacksmithden
03-19-2015, 10:20 AM
Firearms, without very extensive and specific training, are poor choices for self-defense. I'll tell you the same thing I've told numerous people worrying about an ex/crazy person/whatever: Google 'protective services dog.' Buy a dog that has been raised and trained, from birth, as a protective services dog.

That is very good advice. Even if someone is running at you with a knife, and you shoot them.....just like any cop would.....even if you are 100% within your rights.....you did nothing illegal....you were genuinely in fear of your life...even if you didnt hit them, and they just ran away....plan on spending $100,000 in legal fees in court, fighting to keep your freedom...and thats just the way it is in the Canadian legal system.

kennymo
03-19-2015, 10:49 AM
That is very good advice. Even if someone is running at you with a knife, and you shoot them.....just like any cop would.....even if you are 100% within your rights.....you did nothing illegal....you were genuinely in fear of your life...even if you didnt hit them, and they just ran away....plan on spending $100,000 in legal fees in court, fighting to keep your freedom...and thats just the way it is in the Canadian legal system.

I'll agree to that as well. It should be reserved for a last resort, and I don't believe someone completely unfamiliar with firearms should be looking at purchasing one specifically for that purpose.

Edenchef
03-19-2015, 11:09 AM
Agreed, while a firearm for self defense sounds great, initially; without proper training and mindset it is a very, very bad choice. It is not at all like the movies, for all the hunters out there imagine your "first buck fever" multiplied a thousand times, then an after action emotional response like you have never experienced , ever. Welcome to the world of hurt, for life,known as PTSD and that is without all the legal muck you will be dragged through,as well. Legalities aside, this is why it must be absolutely last ditch effort to save your life, because it will haunt you for the rest your life and you will never been the same or whole again. JMHO

Cheers!

DOA
03-19-2015, 11:19 AM
I
If you're thinking reporter or anti-gunner looking for dirt, I would rather they leave here with reasonable and correct information. As for your questions OP:
1- you stated that you have a previous criminal record, this will be treated on a case by case basis by the bureaucrats at the firearm centre. You will likely have extra hoops to jump through compared to someone without a record, and it will therefore likely take longer to receive your license as well. Also, it is completely illegal for a 'buddy' to buy a firearm an pass it on to you without a license. If caught, jail time for all involved. (This stems from the other post)

2- self defense is legal in Canada. A gun is treated no differently than a bat, knife or your own fists. If you did happen to defend yourself, you'd likely find yourself heavily scrutinized by the police and Crown. As Doug stated, 'life in imminent danger' is key here. There'd also likely be lawyers and such involved, at your expense, the threat would need to be proven, etc... As well, should you shoot someone who is retreating from your home, you will probably face murder or manslaughter charges. Once you are no longer in imminent danger, you are not allowed to go on the offensive.
I would only add that self defence laws are interpreted in such a way that a firearm is only acceptable as defence against another firearm. I realize there are cases of this changing recently but I think it's important to understand how most in the legal system think. You can only use necessary force. If someone comes at you with a pocket knife and you defend yourself with a bat then you are using a larger item and viewed as using more force than necessary. Rediculous I know, at least it's starting to change.

TheCenturion
03-19-2015, 11:28 AM
I'm not even talking about legalities, just about being able to actually put steel on target in a deadly force encounter. One does not rise to the occasion of combat, one sinks to the level of their training. This is also why your average cop has no business going armed; insufficient training.

On the subject of legalities, though, yes. No matter how righteous your actions were, you're going on a no-expenses-paid trip through the legal system.

Foxer
03-19-2015, 12:11 PM
I would only add that self defence laws are interpreted in such a way that a firearm is only acceptable as defence against another firearm. I realize there are cases of this changing recently but I think it's important to understand how most in the legal system think. You can only use necessary force.

That's not quite accurate, and there's a hell of a lot of court cases to prove it. IN your home, you only have to be reasonably in fear of your life or safety, or of the life or safety of others under your protection. Even if the guy is unarmed, that's enough if his behavior suggests he's going to come at you.

However - as mentioned i'm not sure going into all the details for someone who may be asking for the wrong reasons. The bottom line is that if you use lethal force inside your home to defend yourself, that is allowed under the law, but only for defense. You can't get them out the door as they're running away.

awndray
03-20-2015, 08:00 AM
http://www.gunownersofcanada.ca/showthread.php?21406-Harper-sparks-controversy-by-linking-guns-and-personal-security&p=235471&viewfull=1#post235471