Restricted storage question?
- Thread starter sasdigger
- Start date
Trigger locking guns is a requirement of course.
No but it's good practice.
- Location
- Orwellian Paradise
I treat all my firearms as Restricted (only have NR at this time but adding a R very soon).
Trigger locked, unloaded, in a locked cabinet/safe designed for firearms with ammo in a locked container whether inside or outside the locked cabinet/safe.
Trigger locked, unloaded, in a locked cabinet/safe designed for firearms with ammo in a locked container whether inside or outside the locked cabinet/safe.
Restricted and prohibited firearms (As taken from http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/storage-entreposage-eng.htm )
Attach a secure locking device so the firearms cannot be fired and lock them in a cabinet, container or room that is difficult to break into; or
Lock the firearms in a vault, safe or room that was built or modified specifically to store firearms safely.
For automatic firearms, also remove the bolts or bolt carriers (if removable) and lock them in a separate room that is difficult to break into.
Attach a secure locking device so the firearms cannot be fired and lock them in a cabinet, container or room that is difficult to break into; or
Lock the firearms in a vault, safe or room that was built or modified specifically to store firearms safely.
For automatic firearms, also remove the bolts or bolt carriers (if removable) and lock them in a separate room that is difficult to break into.
- Location
- Orwellian Paradise
Removal of the bolt only applies to prohibited automatic firearms, as per Storage, Display, Transportation and Handling of Firearms by Individuals Regulations SOR/98-209 FIREARMS ACT.
https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-5
There seems to be a fixation over trigger locks. My personal best at removing one from a firearm is just under 60 seconds using a screwdriver. I am sure there are folks who can do it faster. Why you use them when you don't have to is a mystery particularly when they do so little good.
Take Care
Bob
Take Care
Bob
You can only store your restricted without a trigger lock if it's in a SAFE. A metal cabinet is NOT a safe. This is crystal clear written black on white.
The law states a minimum requirement for storage, a pantry with a lock on the door meets the requirement.
Fortunately there is a judge in Ontario who in 2011 disagrees with you. You might want to go back several posts and read the ruling A metal cabinet such as those sold by Canadian Tire and others is considered a safe by those who count ie the courts.
Take Care
Bob
There is nothing in the regs to require a safe to be bolted down. A steel gun cabinet has been declared a safe. That is the end of it.
Take Care
Bob
Except, as I understand that case, the decision was from a lower court judge and therefore does not set a precedent. The Crown chose not to appeal so no decision that would be seen as precedent setting was ever made.
Another judge in another court in another province could well decide differently next time.
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If this was true we wouldn't have daily question threads like this that go on and on. Imaging someone asking what 3x3 equals and it turning into a 20 page discussion.
- Location
- Orwellian Paradise
Cameron SS
CGN Ultra frequent flyer
- Location
- Ground Zero
He did specify the requirements under the by, and by ommission, bolting is not required. If it was required it would have been an issue at trial and mentioned.
Only gun owners and safe companies think bolting is required.
Every decision a court makes is a precedent. The doctrine of stare decisis applies to all courts at all levels. But not all precedents are created equal. Lower courts can not bind higher courts. The higher the court making the decision, the stronger and more important the precedent.
The fact that the decision wasnt appealed means it stands. Its only a trial level decision but it is good law, and will be respected by appeal courts if a similar case landed on their desk.
AND it happened in ONTARIO, which is not strictly binding on other provinces, but it can be relied on as informative by other provinces, especially when they dont have any similar cases to rely on.
For those that are interested some good information from the UofT Law Library website.
Introduction - What is Case Law?
The law in Canada is made of two parts: Case law and Legislation. Both are primary sources for Canadian law.
Case law is made up of the written decisions of judges in court cases and tribunals. Case law comes from all levels of courts in Canada.
In the common law in Canada, judges must follow the principle of stare decisis, which requires that judges follow the previous rulings (i.e. precedents) of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue. Decisions from the same level of court or other provinces or jurisdictions may assist judges in reaching a decision. The body of case law is comprised of these decisions.
Leading cases are those decisions that have been cited and followed in subsequent cases. In Canada decisions of the Supreme Court are binding on all other Canadian courts unless distinguished.
The use of stare decisis and precedent in Canadian law promotes the principle that the law should be applied consistently throughout Canadian Courts.
Prior to 1949, Canadian Supreme Court decisions could be appealed to the Judicial Committee of the Privy Council (J.C.P.C.) in the United Kingdom, and decisions from J.C.P.C. up until 1949 can still be binding on all Canadian courts.
Case law from other Commonwealth jurisdictions can also have persuasive authority, particularly those from the English House of Lords or Court of Appeal, and the Australian High Court.
Decisions from non-Commonwealth jurisdictions may also have persuasive authority depending on the level of court of the decision, the reputation of the judge and the jurisdiction involved, decisions from the United States Supreme Court are one example.
Administrative tribunals are not courts of law in the strict sense, and the doctrine of stare decisis does not apply to their decisions. These decisions can, however, be reviewed by the courts.
Introduction - What is Case Law?
The law in Canada is made of two parts: Case law and Legislation. Both are primary sources for Canadian law.
Case law is made up of the written decisions of judges in court cases and tribunals. Case law comes from all levels of courts in Canada.
In the common law in Canada, judges must follow the principle of stare decisis, which requires that judges follow the previous rulings (i.e. precedents) of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue. Decisions from the same level of court or other provinces or jurisdictions may assist judges in reaching a decision. The body of case law is comprised of these decisions.
Leading cases are those decisions that have been cited and followed in subsequent cases. In Canada decisions of the Supreme Court are binding on all other Canadian courts unless distinguished.
The use of stare decisis and precedent in Canadian law promotes the principle that the law should be applied consistently throughout Canadian Courts.
Prior to 1949, Canadian Supreme Court decisions could be appealed to the Judicial Committee of the Privy Council (J.C.P.C.) in the United Kingdom, and decisions from J.C.P.C. up until 1949 can still be binding on all Canadian courts.
Case law from other Commonwealth jurisdictions can also have persuasive authority, particularly those from the English House of Lords or Court of Appeal, and the Australian High Court.
Decisions from non-Commonwealth jurisdictions may also have persuasive authority depending on the level of court of the decision, the reputation of the judge and the jurisdiction involved, decisions from the United States Supreme Court are one example.
Administrative tribunals are not courts of law in the strict sense, and the doctrine of stare decisis does not apply to their decisions. These decisions can, however, be reviewed by the courts.
