Revocation for X95 MSW 13' Restricted Tavors

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Refer it to the judge. Even though it’s likely they will take away your gun at the end, or they will do this to more and more models later without any resistance
 
My bet would be that someone wanted their gun reclassified after a barrel swap and the firearms lab caught it at that point. Maybe. Pure speculation.

But the importer (Sylva) should absolutely have recognized these were illegal. They sold merchandise for which it was obvious it was illegal, why would the tax payer foot the bill for a buyback? Restitution should come from their pocket.

Personally I think we should all be allowed actual machine guns but the law is clear on this one. No mental gymnastics (as with the AR) are necessary to justify it being prohibited, as the law is written.
 
Yes but how? I'll call the CCFR again. Reckon I actually need to show up at a courthouse. Burden of proof is on me to somehow show them it isn't a full auto gun?
 
Yes but how? I'll call the CCFR again. Reckon I actually need to show up at a courthouse. Burden of proof is on me to somehow show them it isn't a full auto gun?

Sounds like you might want to take apart your gun first before doing all that. By the sounds of it these are definitively illegal for reasons beyond the receiver.

Are people not aware that they actually need to argue a case in S74? It isn’t just some frivolous thing you get to file and forget about. With the AR it may have been worth mass-filing because they had no leg to stand on reclassifying it, but in this case you will find yourself wasting inordinate amounts of time and coming up with no solid reason why their finding is inaccurate, if indeed those allegations that there’s a spot weld in the trigger group are true.
 
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To anyone who is actually doing the leg work on getting this figured out, thank you.

I am small and dumb and I don't really know what I'm doing...
 
Sounds like you might want to take apart your gun first before doing all that. By the sounds of it these are definitively illegal for reasons beyond the receiver.

Are people not aware that they actually need to argue a case in S74? It isn’t just some frivolous thing you get to file and forget about. With the AR it may have been worth mass-filing because they had no leg to stand on reclassifying it, but in this case you will find yourself wasting inordinate amounts of time and coming up with no solid reason why their finding is inaccurate, if indeed those allegations that there’s a spot weld in the trigger group are true.


Solid comment, if anyone has a gripe it would be not being compensated for this screw up.
 
"Please note that you may refer this matter to a provincial court judge within 30 days after receiving this notice. A copy of sections
74 to 81 of the Firearms Act, which outline your right to refer the decision to a provincial court judge, is attached for your
information. If you refer this matter to a provincial court judge, you may keep your firearms and registration certificates until the
outcome of the hearing."

How do you refer this to a judge

Find out the name of a Judge at your local Court House. Draft a letter saying “I received this revocation letter on ###x date. As per sec 74 of the FA, I am appealing this notice.”
Hand deliver it with a copy of the letter you received to the court house to the attention of the Judge.
Make sure you get the name of the person you are leaving it with (court clerk, security officer etc etc).
You should then receive a notice of a hearing date.
Make sure you contact CCFR etc for assistance in putting a defence together.
 
Sounds like you might want to take apart your gun first before doing all that. By the sounds of it these are definitively illegal for reasons beyond the receiver.

Are people not aware that they actually need to argue a case in S74? It isn’t just some frivolous thing you get to file and forget about. With the AR it may have been worth mass-filing because they had no leg to stand on reclassifying it, but in this case you will find yourself wasting inordinate amounts of time and coming up with no solid reason why their finding is inaccurate, if indeed those allegations that there’s a spot weld in the trigger group are true.

Aware. Which is why I asked how to start the proceedings.

Find out the name of a Judge at your local Court House. Draft a letter saying “I received this revocation letter on ###x date. As per sec 74 of the FA, I am appealing this notice.”
Hand deliver it with a copy of the letter you received to the court house to the attention of the Judge.
Make sure you get the name of the person you are leaving it with (court clerk, security officer etc etc).
You should then receive a notice of a hearing date.
Make sure you contact CCFR etc for assistance in putting a defence together.

Excellent thank you.
 
Worst case scenario, if you end up forced to turn in the receiver - strip EVERY piece you can off of the gun before turning it in. You can at least sell parts (barrel and gas system, trigger pack, etc) to other X95 owners to recover some of your costs.
 
Find out the name of a Judge at your local Court House. Draft a letter saying “I received this revocation letter on ###x date. As per sec 74 of the FA, I am appealing this notice.”
Hand deliver it with a copy of the letter you received to the court house to the attention of the Judge.
Make sure you get the name of the person you are leaving it with (court clerk, security officer etc etc).
You should then receive a notice of a hearing date.
Make sure you contact CCFR etc for assistance in putting a defence together.

I was warned by a lawyer to be VERY CAREFUL on this because if any of us go to court willy nilly and mess up - we could #### up any chance of a good court case being heard.
A lot of people filing and messing up could create precedents...
 
Yes but how? I'll call the CCFR again. Reckon I actually need to show up at a courthouse. Burden of proof is on me to somehow show them it isn't a full auto gun?

How it’s done depends on the Province you are in. In Ontario, it’s a 1 page form available here: https://drive.google.com/file/d/1iUV_oRvz_Qo2p0LrDfbXEKuqnSU5q47m/view

When I filed my last s74 challenge, it was at the height of Covid and all the courthouses had gone virtual and we were able to file via email. Check with your local courthouse if you can email it or if they want you to come in person. In my experience, you submit the form, wait a few days or maybe a week and they will ask you to come down and pick up your Notice of Hearing…This is usually a set date hearing, not the actual hearing so you will come to court to set a date for the actual hearing - maybe months or even a year later. You will also get a date for filing your brief…usually a week or so before the hearing. Lots of time to prepare…and there are some great threads on self representing for an s74 hearing here on CGN…

https://www.canadiangunnutz.com/for...Aug-20th-Deadline-for-Sec-74-Review-FILE-ASAP!

https://www.canadiangunnutz.com/for...reater-Toronto-s74-Application-Correspondence

Remember to submit to the Ontario Court of Justice, not Superior Court of Ontario…There is no fee for filing this so for an hour or two of your time, you are suspending the 30 day timeline until your hearing has been settled, possibly giving you an extra year or two with your rifle…As soon as you file, the revocation notice is suspended.

Good luck.
 
How it’s done depends on the Province you are in. In Ontario, it’s a 1 page form available here: https://drive.google.com/file/d/1iUV_oRvz_Qo2p0LrDfbXEKuqnSU5q47m/view

When I filed my last s74 challenge, it was at the height of Covid and all the courthouses had gone virtual and we were able to file via email. Check with your local courthouse if you can email it or if they want you to come in person. In my experience, you submit the form, wait a few days or maybe a week and they will ask you to come down and pick up your Notice of Hearing…This is usually a set date hearing, not the actual hearing so you will come to court to set a date for the actual hearing - maybe months or even a year later. You will also get a date for filing your brief…usually a week or so before the hearing. Lots of time to prepare…and there are some great threads on self representing for an s74 hearing here on CGN…

https://www.canadiangunnutz.com/for...Aug-20th-Deadline-for-Sec-74-Review-FILE-ASAP!

https://www.canadiangunnutz.com/for...reater-Toronto-s74-Application-Correspondence

Remember to submit to the Ontario Court of Justice, not Superior Court of Ontario…There is no fee for filing this so for an hour or two of your time, you are suspending the 30 day timeline until your hearing has been settled, possibly giving you an extra year or two with your rifle…As soon as you file, the revocation notice is suspended.

Good luck.

Thank you.
 
I will eat my sweaty work shirt if anyone wins this, not many have had luck going against the ruling Canadian Junta. I would frame any sort of court case as looking for financial compensation.
 
Wait so if the govt allowed "dangerous assault rifles" into the country, shouldn't someone in the govt be severely punished for this? Also, if you could trust someone to just give you back the "dangerous assault rifle" after a simple letter...why the hell would they be too dangerous to own it? Lol, lmao even. I know i know, none of it makes any sense but it never ceases to amaze me.

No fkkin doubt......
This is absolutely the gov't fault. Why/How did they let these baby killing fully semi-auto prohibs in??
It's the customers fault for buying? F*** THAT!

Remember: Registration always leads to confiscation!!!!!!!!!!!!!!!
 
I will eat my sweaty work shirt if anyone wins this, not many have had luck going against the ruling Canadian Junta. I would frame any sort of court case as looking for financial compensation.

Victory is doubtful. But it's at least a precedent and a learning experience.
 
It may have been mentioned, but I would call Marstar and Calgary Shooting Center and others. See if these companies would buy it off you. Maybe you could recoup the cash. They can legally possess it with their licenses.
 
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