- Location
- Behind a large rock
Where is it you think I had the two mixed up... I do believe you're still confused.
Antique revolver STOLEN!
- Thread starter trainman278
- Start date
Where is it you think I had the two mixed up... I do believe you're still confused.
The definitions of prohibited and antique firearms fall under the Criminal Code, not the Firearms Act. Maybe I am confused?
Doesn't really matter, but yes, those definitions are in CCC 84(1). See code examples when an antique firearm is considered a firearm (stealing and such - previous post)
One doesn't cancel out the other, unless specifically indicated.
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trainman278
Regular
- Location
- Muskoka, ON
Alright folks, got an update - the police arrested the perpetrator last week, but they haven't found the gun yet. I can only hope that they do.
- Location
- Behind a large rock
That’s good that progress is being made. Hopefully you get your iron back.
trainman278
Regular
- Location
- Muskoka, ON
If it's found, I shudder to think of what condition it may be in. I meticulously maintain everything I own... crooks don't seem to have the same priorities.
BrotherRockeye
CGN Ultra frequent flyer
- Location
- Rural Saskatchewan
The shootin iron obviously.
Anyone who steals from you isn't really your friend lefty.
Agreed. a *friend* steals something of yours that's rare/antique/prized and you'd want to reach out and find out wtf's going on?
That's mighty christian of you. I was baptized, but would find it REALLY (REALLY!) hard to forgive and reach out.
Cameron SS
CGN Ultra frequent flyer
- Location
- Ground Zero
Nothing about subsequent use or misuse is a requirement to be charged with unsafe storage. The mere fact that it has been stolen by a person who knew where the keys were could be grounds for a charge. Whether or not that will result in conviction is a different story.
And for the records, there is no such thing as unsafe storage. You can be charged under 86(1) or 86(2). 86(1) Careless storage (very different idea legally than unsafe). 86(2) Storage in contravention of the regulations.
Exactly. And here we get to have yet another thread debating what antiques are and aren't, under the law.
Yes. Probably the antique in question is an example of a prohibited firearm that is also an antique.
No, it doesn't. As has already been pointed out, an antique IS a firearm everywhere in law, except for the narrow list of sections set out at 84(3). You will not that Antiques are not exempt from S 84, which define the individual classes, ie prohib, as well as section 86, the offences for careless storage and storage contrary to the regulations.
The regulations in question expressly state that "14 (1) An individual may store, display or transport an antique firearm only if it is unloaded."
So as long as the handgun was unloaded, it was stored in compliance with the regulations. Nothing about following the regulations precludes you from being charged under S86(1).
As a bit of a ridiculous example to make the point obvious, you can legally comply with regulations for NR storage by unloading it, removing the bolt, taping the bolt to the stock and leaving the firearm on your front lawn. You will have complied with the regulations, but you can be charged, and I doubt any judge in the country would have a hard time convicting you, of being careless.
I hope the OP does not get charged. He is clearly a victim of theft, but given the circumstances surrounding the loss I wouldn't in the least be surprised if he was charged.
This is an interesting idea. Are you suggesting the gun owner should turn the other cheek and forgive the theft of a precious piece of history? And just forget about the loss, which will be pretty difficult if he ends up being charged and sharing the jail cell with him? That last one is a bit of hyperbole, cause I am sure even if he is charged and convicted he won't be going to jail.
I do something similar. 8 digit code.
Cameron SS
CGN Ultra frequent flyer
- Location
- Ground Zero
Thank you for providing the quote. You seem to be hung up on the firearms act part, and missing the point. The firearms act does not define what classification is. S84 of the code does that, and its a section that antiques are not exempt from.
Cameron SS
CGN Ultra frequent flyer
- Location
- Ground Zero
Damn, you really believe in not having fast access to those if you ever need it, hey?
hunterhenderson
CGN Ultra frequent flyer
- Location
- East Kootenays
my son is the only other person that's ever been in mine
I am not hung up on anything...in fact- I agree with you!
I asked for an example of an antique firearm that is also a prohibited firearm.
I was told to read the FA.
I quoted CC 84(3)(a) which says an antique isn't regulated by the FA.
I then restated that the definitions of antiques and prohibs are in the CC.
I am aware of how an antique gets treated as a firearm when offences are committed with it. My point of my earlier posts was to distinguish the CC from the FA, where antiques aren't covered.
What is the background of this situation? Why was the "perpretator" as you now call him in your house in the first place? The police must actually have some evidence other than your accusation in order to keep the perpretator behind bars. If the guy gives up the location of the gun he would be admitting guilt. In that situation you may never get it back.
