mastermind
CGN Regular
- Location
- SW Ontario
I wonder if the OP would have a case for false imprisonment if arrested for mags that are actually not prohibited.
Sylvester road RCMP disscussion
- Thread starter Izzi115
- Start date
- Location
- The Orion Arm
I witnessed an officer state that the LAR mag was only applicable if used in the weapon it was designed for; not in an AR. The gentleman pulled out his laminated copy of the bulleting (that at the time specifically referenced the LAR mag) and let the SQ officer read it, to which the officer said that it wasn't applicable here because the Quebec CFO makes the rules.
The gentleman (and he was really patient) then said if the officer believes that he is in possession of a prohibited device and is breaking the law, he should do his duty and place him under arrest sans delai. He wouldn't resist.
The SQ officer let him off with a "warning".
It just to show just like any segment of the population, not everyone is aware of every nuance contained in the regs and in the bulletins. LEOs are no exception. Hopefully, this Constable in the OP will do some research back at the detachment, or ask around, so next time, he is informed.
The gentleman (and he was really patient) then said if the officer believes that he is in possession of a prohibited device and is breaking the law, he should do his duty and place him under arrest sans delai. He wouldn't resist.
The SQ officer let him off with a "warning".
It just to show just like any segment of the population, not everyone is aware of every nuance contained in the regs and in the bulletins. LEOs are no exception. Hopefully, this Constable in the OP will do some research back at the detachment, or ask around, so next time, he is informed.
^^^^^^ For the win!! Probably won't happen as it's easier to ##### and moan on the internet for most people than to actually go out and make an effort to effect change. Would make everyones lives so much less complicated if the FA wasn't such a friggin mess.
mastermind
CGN Regular
- Location
- SW Ontario
I meant if he went back with those mags purposely. Sorry for not clarifying.
Punisher-One
CGN Ultra frequent flyer
No. Anyone arrested under reasonable grounds is easily unarrested if the reasonable grounds no longer exist. If the Officer was acting in good faith, like he actually believes that the object is illegal, and then unarrests when found the object is legal then there wouldn't be any case for "false imprisonment". Not to mention "imprisonment" is actually going to prison which the person in this hypothetical scenario certainly would not.
mastermind
CGN Regular
- Location
- SW Ontario
Actually imprisonment is not going to prison and I would encourage you to review the definition. "False imprisonment is a restraint of a person in a bounded area without justification or consent." By definition you can imprison someone in the street by holding their arm. Without consent, legal grounds or justification this would be false imprisonment. So being arrested and placed in handcuffs or the back of a cruiser is considered imprisonment. You can't "unarrest" someone either, but rather release them from custody. Being arrested because the Officer THINKS an object is illegal is not proper justification in itself and I would argue (or stand corrected by a lawyer), that it's false imprisonment. You can actually sue the Crown (or a civilian in the case of citizen's arrest) if they caused undue harm or embarrassment. Happens all the time when people are detained for suspected shop lifting, but have nothing on them.
The point I am trying to make was IF the OP had been arrested or is arrested in the future under the same scenario, perhaps in front acquaintances or the general public, WOULD he have grounds for false imprisonment?
Last edited:
Punisher-One
CGN Ultra frequent flyer
Okay I'll explain the semantics of my post. You've got the dictionary definition of "false imprisonment" so okay fine. I have always used "false arrest" to describe that scenario but I'll defer to your dictionary definition. "Unarrest" is the laymans/slang term those I work with use for "released without charge". Again semantics between you and I and I'll defer to your more proper definition if you like.
Again I reiterate that if the Officer "believes upon reasonable grounds" that the guy is committing an offense he can place them under arrest. So if the Officer believes on reasonable grounds that the magazines are prohibited he can place the guy under arrest. If it is then brought to the Officers attention that the magazines are not prohibited then the offense and the reasonable grounds for arrest are gone and the guy is "released without charge". If the Officer was acting "in good faith" (ie - not maliciously ignoring law or unduly persecuting the guy to be vindictive) then there is no case for "false imprisonment". Police/LEO are permitted to arrest and "release without charge" as part of their jobs on a daily basis. I've done this many many times under a variety of circumstances. Not once have I been sued.
So the short answer is no. No the guy could not have a case for "false imprisonment" based off this specific scenario. If he could prove the Officer acted with malice, prejudice, or was completely and utterly willfully ignorant to the law then he could have a case.
If you don't believe me than consult an attorney on the matter.
That's what we call a red herring. I haven't seen anyone openly selling any illegal stuff, so what's this "you see" crud? Did you do anything to stop this? This is known as the "Why aren't you out catching the real criminals" technique. It doesn't work. What did you do to stop this? Nevermind. I know the answer to this question....
As for LAR mags etc. Perfectly legal. I would advise having the bulletin on hand or accessible just in case. It's not necessary but I like to avoid any unnecessary misunderstandings.
as in I have seen (This was many years ago btw)
I myself questioned the legality of the items and was told it was legal by the seller and was satisfied by his response at the time, If I had known they were illegal at the time it would be simple to report as there is firearms officers at most large gun shows today.
Is this law relatively new? I saw a post about tracers becoming legal again recently on the forum.
Hmmm, someone telling someone to go away in a Public Forum.
Sounds like a Fudd telling someone they are wrong because they have a difference of opinion?
Best Regards,
Rob
Punisher-One
CGN Ultra frequent flyer
Very reasonable and prudent of you.
- Location
- Behind a large rock
Sorry, rob. You missed that one by a long shot....
tracers were never illegal
then why was Irunguns pulling them out of the cases of 50BMG they were importing and saying they were illegal? they are still doing it now I believe with the cases on their website as they have not received the new regulations in writing
I also don't see any tracers on my local gun stores shelves yet, but if they were never illegal you would think at some point in the last 30years I would have seen them
So LEO's own ignorance about the law (they are supposedly protecting) is considered to be a "reasonable ground"...as long as they "believe". I have heard the calls to "change the laws" or to make it less easy to (mis)interpret. How about enforcing some basic education on our LEOs before letting them enforce anything?
i think theres another restriction either on export or import, but its not the firearms act.
- Location
- Behind a large rock
Seriously.... Go away.
Punisher-One
CGN Ultra frequent flyer
"PART 5PROHIBITED AMMUNITION
Former Prohibited Weapons Order, No. 10
1. Any cartridge that is capable of being discharged from a commonly available semi-automatic handgun or revolver and that is manufactured or assembled with a projectile that is designed, manufactured or altered so as to be capable of penetrating body armour, including KTW, THV and 5.7 x 28 mm P-90 cartridges.
2. Any projectile that is designed, manufactured or altered to ignite on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.
3. Any projectile that is designed, manufactured or altered so as to explode on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.
4. Any cartridge that is capable of being discharged from a shotgun and that contains projectiles known as “fléchettes” or any similar projectiles."
Tracers are designed to ignite by friction while flying through the air and not specifically on impact. In fact if shot from close enough a tracer will not ignite at all.
