As with everything else when it comes to items under Canadian law, is the intent. If my intent is to stab someones eye out with a feather quill pen, I am in possession of a prohibited device. Its gonna be up-to you to prove what the true nature of your intent was and whether the judge feels satisfied with it. I keep a blade in my car for the sole purpose as a seat belt cutter. That is my intent for owning that device. Once I say I have it for self defense, bye bye blade and hello to some charges (maybe).
Stun Baton Flashlight (repost)
- Thread starter canadiantbone
- Start date
Feather quill pen is a prohibited device? It can become a 'weapon' but a banned weapon - aka prohibited device?
You couldn't be more wrong.
Intended use of stun baton - that's another story.
If this is the whole story this judge is just plain wrong. There is no room for interpretation whether 480mm = 480mm.
Also, 'intent' has nothing to do with what is or isn't a prohibited weapon.
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Wait... was he convicted at trial? Or did he plead guilty and take a deal?
If he was convicted at trial, then surely there are strong grounds for an appeal. If he plead out... well, then it's his own fault for giving in. And, on that note; why was his vehicle searched in the first place? Since when do police search the rear of an SUV while issuing a simple speeding ticket? There is something... off about this whole story. What is your friend's name? It's part of the public record now anyway (or should be), we can look it up and get more info.
Exactly. Something is missing from this story... I wish people wouldn't post things to scare people and not be forthcoming about what really happened.
You don't get searched from solely a speeding ticket. They need probable cause to search you or your vehicle.
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The justification for owning such a device is as simple as: I use it as a wilderness protection device from predatory or aggressive animals.
These devices were imported or manufactured for/by a veterinary organization originally anyway. At least it mentions something to this effect on the boxes of the units I've seen.
No different than owning bear/dog spray.
These devices were imported or manufactured for/by a veterinary organization originally anyway. At least it mentions something to this effect on the boxes of the units I've seen.
No different than owning bear/dog spray.
This is High Caliber's cyber storefront on CGN. The op has mentioned it in the CanadaAmmo cyber storefront as well.
Cheers
Jay
captainamazing
CGN Regular
- Location
- The Socialist Autocracy of Canada
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.
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.
^ 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.
Dexter Morgan
CGN Ultra frequent flyer
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.
Ten years in jail.
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.
Ten years in jail.
captainamazing
CGN Regular
- Location
- The Socialist Autocracy of Canada
@ dexter
There are VERY few reverse onus charges in Canada. Is this one of them?
There are VERY few reverse onus charges in Canada. Is this one of them?
Dexter Morgan
CGN Ultra frequent flyer
Nope. Not on paper anyways.
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.
