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  1. #1
    Senior Member Drache's Avatar
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    Gunsmith receives conditional sentence

    A Tatla Lake gunsmith was given a six-month conditional sentence and a 10-year prohibition for possessing firearms in Williams Lake provincial court Thursday after being charged for gun trafficking almost two years ago.

    Gerald Kirby, 65, was arrested on Aug. 23, 2013 following an investigation by the Combined Forces Special Enforcement Unit of B.C. into the alleged selling of firearms to people without licenses and firearms with overcapacity magazines.

    As part of the investigation, two undercover operators registered at Kirby’s Tatla Lake Manor two days before his arrest.

    Each operator purchased a firearm without a license and an overcapacity magazine.

    After Kirby’s arrest police executed a search warrant, seizing 186 firearms and thousands of rounds of ammunition.

    Before Kirby was sentenced Thursday, Crown Counsel Paolo Konge requested a nine to 12-month custodial sentence, 24 months probation and a 10-year firearm prohibition.

    Defence lawyer David Jenkins sought either a conditional discharge or a conditional sentence.

    Crown argued as a well-known gunsmith involved with bringing possession and acquisition licensing of firearms programs to his community, Kirby should be held to a high degree of moral culpability.

    “It is not a case of an individual who is ignorant of the law,” Konge said. “It is a case of an individual who knows better but chooses not to do better.”

    Jenkins, however, told the Tribune Friday that living in Tatla Lake Kirby didn’t have access to resources he would have had elsewhere, but also said he wasn’t making excuses for him.

    “It was just a very poor decision by Gerald in circumstances where he was trying to make ends meet,” Jenkins said. “Tatla Lake Manor isn’t the fanciest establishment, but to his credit everyone from 100 miles around went to bat for him because he was so community minded.”

    In his 46 years of being a lawyer, Jenkins said the 53 character references Kirby received were as decent, as fine and as good as any he has have ever seen.

    “There wasn’t one person who had a bad thing to say to him and every person commented on what a loss it would be to the community if they incarcerated Gerald.”

    While the letters spoke highly of Kirby, they also spoke to the clear need of deterrence and denunciation, Konge said during her submission.

    “Many of those letters insinuate that what he did not be considered criminal,” Konge said. “But we need to understand that no matter where you live in Canada, including the Chilcotin, the laws with firearms apply and that not following those laws is both criminal and serious.”

    http://www.wltribune.com/news/309389651.html

  2. #2
    Super Moderator Rory McCanuck's Avatar
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    In his 46 years of being a lawyer, Jenkins said the 53 character references Kirby received were as decent, as fine and as good as any he has have ever seen.

    “There wasn’t one person who had a bad thing to say to him and every person commented on what a loss it would be to the community if they incarcerated Gerald.”
    Yay, another upstanding citizen ruined because of an asinine law where no one was hurt or put out in the least.
    This is why it's Us vs. Them.

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  4. #3
    Senior Member Drache's Avatar
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    I may not believe in some of the laws we have concerning firearms, but the law is still the law.

  5. #4
    Senior Member TheCenturion's Avatar
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    Quote Originally Posted by Rory McCanuck View Post
    Yay, another upstanding citizen ruined because of an asinine law where no one was hurt or put out in the least.
    This is why it's Us vs. Them.
    Well, for me at least,
    into the alleged selling of firearms to people without licenses and firearms with overcapacity magazines
    doesn't fall into the range of 'paper crime' or 'that's silly' so much as 'well, what did he expect?'

  6. #5
    Senior Member Kico's Avatar
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    Quote Originally Posted by Drache View Post
    I may not believe in some of the laws we have concerning firearms, but the law is still the law.
    Democracy and freedom is also a perception on what you consider to be free.
    For Americans who own firearms it is the right to have firearms thanks to the 2A and they think anything to do with regulation is a infringement of rights and it is,others it is to clean water or right to vote.... Everything depends on what your willing to accept as a freedom.
    Don't believe me look up laws of all democratic countries then make a spread sheet and add whatever items you like in several columns and do a comparison.
    There all Free countries but there laws not so much.

  7. #6
    Moderator kennymo's Avatar
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    Each operator purchased a firearm without a license and an overcapacity magazine.
    Does anyone have more detail on what exactly was purchased? If he was nailed dead to rights on this I would've expected them to throw the book at him....

  8. #7
    Senior Member Gunexpert007's Avatar
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    Not sure of the exact details of the case...but the punishment should fit the crime . Did he lose the 186 firearms , and ammo that the police seized....he is a 65 year old gunsmith ; a 10 year firearm prohibition is pretty severe since it destroys the mans lively hood....
    " Better To Fight For Something , Than Live For Nothing " ; " When In Doubt....ATTACK ".......Gen. George S. Patton Jr.

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  10. #8
    Canadian ForcesOgre Haywire1's Avatar
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    The charges include four counts for possession for the purpose of weapons trafficking, four counts weapons trafficking, three counts unauthorized possession of a firearm, three counts possession of a firearm knowing its possession is unauthorized and 10 counts of careless use of a firearm.

    Granted a couple of the charges are duplicated (trafficking, unauthorized possesion) but the rest are enough coupled with the fqct he sold prohibited mags. While I disagree with mag capacity limits, they are still the law.
    in pace, ut sapiens, aptarit idonea bello
    - In peace, like a wise man, he appropriately prepares for war

  11. #9
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    I remember the RCMP Firearms Operations and Enforcement Support (FOES) Unit announcements about busting this guy. They were claiming he was a supplier to the Vancouver criminal underworld and was very nearly the devil himself incarnate!

    Hah! More lies and propaganda.

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