Lots of LEO's on this forum. Ive had this discussion 20 times or so in person and over PM.
Best advice I've heard:
1. If an officer make a good faith seizure thinking anything is illegal then cite the law allowing you to have it.
2. If officer seizes it anyway for analysis then get their badge number. IMMEDIATELY call their supervisor and cite the law.
3. Tell them to crack open their Criminal Code and read Sec 84. Definition of Prohib devices. Then find a tape measure and measure the baton.
4. Ask when they can come get their baton. Or ask when they are going to arrest every rancher that has a cattle prod.
5. Making a quick complaint is key is resolving the misunderstanding. When the legal beast gets moving, it takes forever to stop.
6. Be polite but factual.
As long as you don't carry your Baton (stun or otherwise) around looking for trouble then things ought to be peachy. I would really like to see the whole story about the person "convicted" on owning a Stun Baton. Very interested to see the judges comments on the ruling.
If Stun Batons were really illegal then I doubt Canada Ammo would still sell them. I'm sure they took the steps to ensure they were legal.
We are in the High Calibre Forum so I doubt Canam is going to post on here.
"Never trust quotes you read on the internet"
- Abraham Lincoln
^ This in a nutshell.
If you conceal this in your coat or something... you may be up sh!ts creek.
It's for animal defense, if you tell a cop it's for self defense vs people while it's in your trunk and is found during a legal search, you'll probably be in the same creek.
Thank you for this post. People are too easily convinced legal items are illegal due to second hand info/opinions.
No offense to anyone but I'll believe that was what the judge said when I see the court record.
With legal but 'could be a weapon' items it's more of a time and a place thing. Axes are legal, but I wouldn't go to the mall with one.
This is what Toronto Police would charge you with; They love this one.
A tape measure won't save you. Nothing will.
It's a law based on circular logic. Impossible to defend against.
Basically it's an offense to possess anything that could theoretically be used to commit an offense.88. Possession of weapon for dangerous purpose
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Ten years in jail.
My penis could be considered offensive. Maybe I should get rid of that..
This intent would still have to be proven beyond a reasonable doubt in court.88. Possession of weapon for dangerous purpose
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Not really.This intent would still have to be proven beyond a reasonable doubt in court.
The onus would be on you to prove you weren't going to use it for an offense.
Good luck with that one. Most people take a plea deal instead.
@ dexter
There are VERY few reverse onus charges in Canada. Is this one of them?
"Never trust quotes you read on the internet"
- Abraham Lincoln
Nope. Not on paper anyways.@ dexter
There are VERY few reverse onus charges in Canada. Is this one of them?
But I'm talking about the real world here.
The cops tell the judge that they believe you were going to taze someone.
The judge automatically believes the cops, unless you can prove otherwise.
That's why most people take a plea bargain. It's not worth risking ten years in jail.