Smallest carry bag/case for Shockwave?

I dont know how to make it any clearer without puppets and crayons. Concealing a weapon is illegal. The felawka case sets legal exemptions against what is considered concealing a weapon. A branded manufactures case is legal. A brief case for takedowns are legal. Tied in a blanket so that it keeps its shape is legal. A container that is likely known to hold a gun is legal. Using a case implied or designed to carry something else is illegal. Violin and guitar cases are not designed to carry guns in therefore its concealed carry of a weapon.
The crown has to prove 3 things. 1 you were carrying or transporting it. If you have it with you thats easy to prove. 2 that its a weapon. The criminal code states a gun is a weapon. Easy to prove its a gun. 3rd that you intentionally tried to hide it. If you knowingly put it in a case not designed for guns you are breaking the law. Section 89 of the criminal code is real. Yes they use this charge often.
Click to expand...

You make me laugh.

Tell me this; Is it illegal to take a gun to/from the post office in an unmarked cardboard box?
 
Dexter Morgan said:
You make me laugh.

Tell me this; Is it illegal to take a gun to/from the post office in an unmarked cardboard box?
Click to expand...

More specifically, what if that cardboard box is marked with other-than-firearms trademarks? I sold an old Savage rifle for an acquaintance's family some months ago, along with a shotgun, as the owner was moving to palliative care and hence unlikely to be shooting any more, and with nobody in his family being licensed, they asked if I would help move the guns along. I found a buyer (thanks CGN EE!) for the Savage in the BC interior, a fellow very happy to take it out hunting.

The rifle and shotgun came to me wrapped in a baby crib quilted liner as that's what they had handy - no rifle cases were supplied. So I bought the cheapest plastic rifle case I could get at Reliable - $30 plus tax - and secured the rifle inside that. I put a combination trigger lock on the rifle, setting it to the buyer's preferred combination, as sending a key type trigger lock along with the keys would sort of undermine the purpose of a trigger lock while it was being shipped. And as there have been mounting reports of rifles/shotguns arriving damaged, especially after they have moved through the Richmond, BC processing centre (through which this package would have to move on its way to the interior), I opted to then wrap the obvious rifle case in cardboard, to make it seem less gun-like. Obviously wrapping it in gun-manufacturer-labelled cardboard such as I might have obtained from Reliable would defeat this purpose. So I used what was handy; we just happened to have ordered a new espressor machine, which came in a rather huge box which contained a smaller box and a lot of styrofoam. By cutting this larger box up carefully I was able to completely wrap the rifle case with lots of padding, and the word 'ASCASO' emblazoned on the two largest faces.

Did I conceal the firearm's nature, and thereby commit a crime or a violation of RCMP 'rules' or 'mandates' or whatever they're called, by implying that the package contained a coffee machine manufacturer's product? I obviously and by intention concealed the fact that it was a firearm. Yet I fail to see how doing so in any way compromised anyone's safety. In fact, considering the numbers of firearms which have been going missing in our Canada Post system over the past few years, with the only obvious conclusion that employees are noting the nature of the package and stealing firearms, it seems that my act of concealment actually improved public safety. Am I wrong in this? If so, is one of you going to report me for using cardboard and tape? Are the RCMP going to come to my house for my confessed crime?

Give me a damned break. There are a number of gun case manufacturers selling guitar, ukulele, banjo, tennis, and other shapes of cases, with the foam inserts being shaped to accept specific firearm models or generically shaped to accept a range of firearm models. Are these companies, selling within Canada, also violating the law? Why have there been no reports of their doors being kicked down? Here's an example currently (as of this typing) for sale on Amazon.ca for $228.32 plus shipping. It uses pluck foam layers so one can customize the cutout for a given firearm. Are they raiding Amazon's Canadian shipping centres now?

https://www.amazon.ca/Discreet-Concealment-Guitar-Rifle-Diversion/dp/B073WKK62K
 
Dexter Morgan said:
Still no response from Brybenn?

What's wrong? You don't want to discuss the fact that concealing a firearm is literally REQUIRED to ship it?

https://www.canadapost-postescanada.ca/cpc/en/support/articles/non-mailable-matter/firearms.page
Click to expand...

I have transported my firearms for decades in unmarked plastic cases that in no way say "THIS IS A GUN". That would be stupid, imho. I've brought them to police stations to be registered back in the day, and no one batted an eye. Actual cops.

Ridiculous the BS some people try and peddle as "fact" because they took a law course.
 
I think brybenn is being overly simplistic and literal in his interpretation of the Felawka case. Yes, I just read the judgement. Here it is, if you want to read it yourself: (ht tps://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1073/index.do) To say yes, I was concealing it to keep from alarming others, is not the right way to go. To say you were complying with safe transport rules, and not make jokes about "going on a killing spree", and having it loaded, would not be considered "concealed carry". But, just like brybenn, I'm not a lawyer.

My cases look innocuous enough, and some say "gun guard" in small lettering the same color as the case, and one just says "doskocil" on it. One is big enough I'm sure I could put a guitar in it. Would I be charged? I seriously doubt it, as its locked, gun is unloaded, and I am complying with the transport rules.

From the actual judgement:

Summary



In summary then, the requisite mens rea or mental element of s. 89 will be established if the Crown proves beyond a reasonable doubt that the accused concealed an object that he knew to be a weapon. In order to prove concealment it would have to be established that the accused took steps to hide the weapon so that it would not be observed or come to the notice of others.



A gun which is carried in a gun case will not be considered to be concealed. In the vast majority of cases, the gun carrying case will resemble the firearm itself so that it cannot be considered to be hidden. Further, wrapping a firearm in a blanket or canvas and securing it with rope as required by some provincial regulations should not be considered to be concealing the weapon. Again, in the vast majority of cases the wrapped weapon will still resemble a firearm and will not be considered to be concealed. Nor should the placing of a firearm in a locked trunk or out of sight in a locked and unattended vehicle in compliance with federal regulations be considered to be "carrying a concealed weapon" so as to infringe s. 89 of the Criminal Code . The regulation and the Code provision must be construed in a manner that avoids conflict and promotes the goals of both provisions.



Similarly, the shotgun which breaks down and is carried in a case that resembles a briefcase should not be considered concealed if the carrying case is clearly marked as a gun case.



I would observe that not only would guns carried in carrying cases not be concealed but if transported in that way they will not cause the same malaise as would a naked weapon. It takes time to open a gun case, to bring out the gun and to load and use it. That is obvious to all and will ease the nervousness produced by an uncased gun.



Application of these Principles to this Case



There can be no doubt that the .22 calibre rifle carried by the appellant was a weapon. It was concealed. The appellant, knowing the .22 rifle was a weapon, took steps to hide it from observation by others. His excuse that he took the steps so as not to upset the other riders on the Skytrain cannot constitute a defence. If he had been truly concerned about the situation he would not have made the immature and frightening remark that he was off on "a killing spree". His actions and attitude could very well have had unfortunate consequences.
Click to expand...
 
I can't see a problem if you are transporting your firearm home from a range, or to it; as long as its a locked case, its unloaded, you have all your paperwork, etc; I just can't. This guy was an idiot, but ya, its a terrible decision.
 
You must log in or register to reply here.
Back
Top Bottom