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  1. #11
    Senior Member harbl_the_cat's Avatar
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    Big problem. If they apply for a prohibition order under the catch all "Public Safety" clause, the warrant issued WILL include confiscating all licenses and authorization permits - meaning do not pass go, do not collect $200.

    Now... what I don't know is if you go in with a PAL holding friend and ask the police to give it to HIM - that's a whole other scenario all together. Any thoughts on if that would work?

  2. #12
    Martyr of Traditional Anarchy Mad Hatter's Avatar
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    Not sure if I quite understand the question, but I do know that you can give your registration of a particular restricted firearm and that firearm to any other RPAL holder as lending it to them and it essentially becomes theirs in the eyes of the law.
    Our gun laws are so strict that it's like having a complete gun ban but with Vaseline...

  3. #13
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    I'm new to gun ownership. Although growing up on a farm there were guns in the house. The news lately about RCMP gun grabs has caused me some concern. Having someone take my hard earned stuff away and destroy it without compensation would be aggravating to say the least.

    As far as gun grabs go. I'm curious, what if there were a situation were a firearm(s) belonged to more than one person. I see the note above basically stating that possession may be a primary defining factor. I'm wondering if there were a legal loop hole here that would make gun collections more secure from RCMP looting raids.

    I know there are a lot of what ifs here. But the next what if would be for example, what if I was part of a gun club, organization or something. With the guns stored at a central location, business, club or armoury, members house etc. Would or could the other members claim back seized guns as there own. Or would the group owned guns be subject to any one individuals wrong doing. I support the idea that violent and or mentally unstable persons should not have in there possession firearms. But I also think law abiding people should have some security when it comes to their possessions.

    Some may find it an odd idea not to have there gun or guns close to hand. Personally I don't need really need access to firearms or my firearms 24/7. I just need them when I go out in the bush or want to go target practice. In fact given the litigious world we live in not having the guns about the house might be a better situation for me and some of us.

  4. #14
    Token Female Moderator Candychikita's Avatar
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    From what I understand a demand in writing is required or at least highly desired before using the court's time...more ammo the better.

    A demand should clearly state:

    Who you are (detail is good - name, address, profession, company)
    Who you are making the demand to (detail is good - name of person if possible vs just company, address)
    What the issue is, account of the events (dates, times, circumstance)
    Everything that you are demanding (including serial number, description etc)
    Date/time you are expecting compliance by
    Under what rule/subsection/etc that you are making your demand (citation tidbits info here http://legalresearch.org/writing-ana...egal-citation/)
    *you may want to include the full excerpt here including the length of sentence for failure to comply to the demand*
    Witnessed or registered mail delivery (keep slips)

  5. #15
    Token Female Moderator Candychikita's Avatar
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    An interesting tidbit that could be used in the gun grabs in Alberta against all those who broke in and entered homes is s. 98 of the Criminal Code of Canada Breaking and Entering to Steal a Firearm - Punishment is imprisonment for life. Of course, if intent can be proven...

    I find this stuff fascinating.
    Last edited by Candychikita; 08-07-2014 at 12:54 PM.

  6. #16
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    Quote Originally Posted by harbl_the_cat View Post
    Big problem. If they apply for a prohibition order under the catch all "Public Safety" clause, the warrant issued WILL include confiscating all licenses and authorization permits - meaning do not pass go, do not collect $200.

    Now... what I don't know is if you go in with a PAL holding friend and ask the police to give it to HIM - that's a whole other scenario all together. Any thoughts on if that would work?
    It works all of the time. I have done just that for several friends. The thing is though you have the responsibility to either sell off the firearms, keep them for yourself or store them until the PAL/RPAL is returned.

    This is actually a very good thing to do. Most police lock ups are jammed to the nuts and a lot of damage gets done one way or another. If you are going to hold firearms for someone, don't be a "good guy" and give them back to him/her until they are authorized to possess again. You WILL be charged if an when you or your friend are caught. Yes, you will have to sign for them and the serial numbers will go into the friends folder.

    No matter how much your buddy whines and snivels, do not give him any. Don't even take him/her shooting they are banned from handling or owning firearms of any sort until the reason they were charged and had their stuff confiscated is settled. Take this seriously, it is no joke when you lose your own firearms because you were trying to circumvent the law or just being a "nice" person. I have seen this happen.

  7. The Following 2 Users Like This Post By bearhunter

    Hidyn (11-27-2016), srdiver (12-08-2019)

  8. #17
    Senior Member shadowwarrior's Avatar
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    I don't know bearhunter, if you took said friend to the range wouldn't he/she be like your non PAL friend also taken to the range? Only there to try shooting said guns.
    They say money cant buy happiness, but it can buy guns and shooting makes me happy.

  9. #18
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    Quote Originally Posted by shadowwarrior View Post
    I don't know bearhunter, if you took said friend to the range wouldn't he/she be like your non PAL friend also taken to the range? Only there to try shooting said guns.

    NO! Your friend has a prohibition from being in POSSESSION and HANDLING ANY FIREARMS AT ANY TIME UNTIL THE PROHIBITION IS LIFTED.

    If you hand him a firearm, you can and likely will be charged as well. They frown very heavily on this. Like I said, I have seen just such a thing happen. Couple of Good Ole Boys that have been drinking buddies since they were to young to drink and 40 years later one get his firearms taken away with all of is paperwork and licenses as well. I won't go into the reason, other than he deserved everything he got.

    They called me and asked if I would hold the guns for the perp. NOPE I don't like him or you and the firearms are junk anyway. You two would be more trouble than you're worth.

    Well after a couple of nasty expletives they decided the buddy should go in and get the firearms turned over to him for safe keeping. He got them and a week later the good ole boys are shooting gophers in a farmer's field, without the farmer's permission. As luck would have it, they had been drinking and mouthed it up to the farmer that would have let them shoot as long as he knew they were there. The farmer's wife called the LEOs and they were unimpressed by the whole scene of course. The booze and mouths were still working so the fellow prohibited from possessing or handling firearms got charged with illegal possession (they each had a rifle) and the buddy got charged for giving him one.

    I don't know the exact wording of the charges but in one case it will likely mean a lifetime suspension in the end and in the other, he now has a 2 year prohibition against him, his firearms are in lock up and he has paid a fine.

    Your call, your firearms. There is no loophole.

  10. #19
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    Quote Originally Posted by Candychikita View Post
    An interesting tidbit that could be used in the gun grabs in Alberta against all those who broke in and entered homes is s. 98 of the Criminal Code of Canada Breaking and Entering to Steal a Firearm - Punishment is imprisonment for life. Of course, if intent can be proven...

    I find this stuff fascinating.
    Very true.. and that is one part of the FA aimed at actual criminals and afaik it has NEVER been used yet.

  11. #20
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    Quote Originally Posted by Mad Hatter View Post
    Not sure if I quite understand the question, but I do know that you can give your registration of a particular restricted firearm and that firearm to any other RPAL holder as lending it to them and it essentially becomes theirs in the eyes of the law.
    Correction.. it becomes under their care and control but not theirs by law since that implies ownership.

    Otherwise very true.

    Also note that the CFOs are asshats and unless you have an ungimped att borrowing any restricted/prohib w/o a new ATT is illegal.. they do this intentionally of course to in essence make lending/borrowing such a criminal offense.

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