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  1. #1
    Senior Member Clinteastwoody's Avatar
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    Can police/RCMP search RPal holders house without warrant?

    Some individuals at work are saying if you have your Rpal the police or rcmp can search your house without a warrant. Is this true and does anybody have supporting evidence to shut them up or am I wrong in saying no they cant?

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    missfire (05-08-2020)

  3. #2
    Senior Member Waterloomike's Avatar
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    Not according to the law, although they can lie and tell you they can.

    The info is on the cssa site.


    Allow our Rightful Liberty or .....

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  5. #3
    Senior Member Doug_M's Avatar
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    Don't have the regs at my finger tips but I can hand on heart say it is completely false. PAL or RPAL, the police need a warrant. The CFO (or an official agent of his which may be a police officer) can search the area of your house where your firearms are kept if they give you 24 hours notice. However you can refuse that notice if it is inconvenient. But if you keep refusing then they will get a warrant. If you have 10 or more firearms the rules are a bit different.
    Pew pew pew

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  7. #4
    Senior Member Doug_M's Avatar
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    Thanks Waterloomike, here is the CSSA page you mentioned: http://www.cdnshootingsports.org/legalinformation.html
    Pew pew pew

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    Hidyn (05-08-2020)

  9. #5
    Senior Member Clinteastwoody's Avatar
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    Thanks Doug much appreciated answer in less than 20 mins. I refreshed every 2 seconds for 5 mins after the post but gave up shortly after to the newest SOA episode lol props to fast response!

  10. #6
    Senior Member Waterloomike's Avatar
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    Get this book. It's the best $105 you'll ever spend.



    Allow our Rightful Liberty or .....

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  12. #7
    Senior Member harbl_the_cat's Avatar
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    Bill C-68 has expanded the rights of the police to search. Before C-68, the general reason any police could use to obtain a warrant for entry to your home was by making a sworn statement before a justice that an offense had been committed and that the search was necessary to find evidence. The police could then use this warrant of search and seizure to enter your house and take items that were evidence of an offense.

    Bill C-68 changes this substantially. A firearms officer, who is a specially designated police officer, can obtain a warrant to search your home if there is the allegation that ten or more firearms are present. This does not require any allegation of wrong-doing or of a prior offense.

    This is a very important distinction and is a tremendous leap in procedure. The mere allegation that you have 11 firearms allows a police officer to search your home with a warrant. The search can be exhaustive and the police may look anywhere a gun could reasonably be hidden. Past examples of warrants searches show that the police will use metal detectors and will open up walls to find out if the metal is a gun or a water pipe. The C-68 warrant is not a warrant of seizure, only of search. But when the police find the slightest items that offends the strict storage laws or the confusing prohibited weapon regulations or any other technical irregularity, they can use that evidence to obtain a warrant of search and seizure to gather the evidence of the offense.

    The ability of the police to use this power for fishing expeditions is present and likely will be used. This may be challengeable with application of the Supreme Court decision of R v Feeney of 1997 but the cost and time to do so will be high and beyond the reach of most ordinary sports shooters. The Charter of Rights protects us from unreasonable search and seizure yet C-68 gives license to the police and then leaves it up to the person who has been searched to bring a court action to challenge the search as unreasonable.
    What does it matter if they need a warrant if they can cook up any excuse to get one? The law sucks.

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  14. #8
    Senior Member Doug_M's Avatar
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    Quote Originally Posted by harbl_the_cat View Post
    What does it matter if they need a warrant if they can cook up any excuse to get one? The law sucks.
    Yes, that part is particularly egregious.
    Pew pew pew

  15. #9
    The Gunsmithing Moderator blacksmithden's Avatar
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    Video tape any and all interactions with the police if you can, and never conscent to a search...politely of course. If they have a warrant, thats a whole different ball game.
    GOC moderator
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    The High River Gun Grab - NEVER FORGET !!!!
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  16. #10
    Senior Member Waterloomike's Avatar
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    Quote Originally Posted by Clinteastwoody View Post
    Some individuals at work are saying if you have your Rpal the police or rcmp can search your house without a warrant. Is this true and does anybody have supporting evidence to shut them up or am I wrong in saying no they cant?
    Technically, if i understand the law correctly, they need to have witnessed a crime and beleive there is material evidence or a suspect in your house.

    But like harbl says, they can just make it up.

    If you can make them feel stupid enough, with the letter of the law, they might leave you alone. And it might also just make them more determined to violate you.

    If they have a gun and a badge, fundamentally, for the moment, they can do whatever they want, up to and including a cavity search on your lawn.


    Allow our Rightful Liberty or .....

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