Type 97 Classification Issues - PART TWO

shawnomack said:
Posted for Clobbersauras - he's at work.

Happy f@cking Saint Patty's Day!

I talked to the registry today and they have classed the T97's imported by Lever as FA. They are going to send me out a revocation notice next week and at that time I'll have 30 days to dispose of it.

They said I have basically three options:
- turn it over the RCMP
- try to sell it to a business that is legally allowed to have FA.
- challenge the decision in court.

Other points they made:
- The Lever T97's themselves are not grandfathered so I can't transfer it to someone who has 12-2 licence.
- They tested the Lever T97's under the Hasslewander criteria and they deemed them easily converted auto within a short amount of time. :rolleyes:
- They will not be offering any form of compensation.

So, any of you dealers out there want a Type 97?:mad:
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Then challenge the decision in court, what have you got to lose ?
 
E-mail sent:

I am writing to you to express my sincere concern over the recent announcement by the RCMP/Canada Firearms Centre that they would be confiscating a small number of registered firearms from licensed, responsible citizens WITHOUT compensation and under weak and false pretense.

Though I personally am not affected by this confiscation, I previously have had my firearms confiscated unjustly and having gone through the difficult legal process to get my firearms back (no charges we're laid against me as well, I might add), it is an issue very important to me.

I am very involved in the Canadian Firearm community both locally and nationally and I know for a fact that firearms owners have given significant amount of monetary and voluntary contributions to the Conservative party. I myself have made donations to the party in the past - specifically as a result of the party's stance on the long gun registry, for the party's support of shooting sportsman and hunters and most importantly for the party's core value in support of ownership of private property.

If the confiscation of these firearms by the RCMP happens under a Conservative government, I guarantee this will alienate the firearms community from the Conservative party in the next election, in private donations, and in volunteerism - if it does, I promise you I won't be donating to the party anytime soon.

I ask your immediate attention to this matter.
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harbl_the_cat said:
E-mail sent:
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Not specific enough. You should mention in emails the exact definition of the rifle and the FRT number given several posts above. This email is good, but the recipient may be completely unaware of what is going on and have no idea what it means.
For anyone writing, be specific, use correct terms, details, dates etc.
 
Slyder73 said:
Not specific enough. You should mention in emails the exact definition of the rifle and the FRT number given several posts above. This email is good, but the recipient may be completely unaware of what is going on and have no idea what it means.
For anyone writing, be specific, use correct terms, details, dates etc.
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Good point - in either case, it is my opinion that arbitrary confiscation is wrong. If enough people voice that opinion - it will be known that enough people care about this issue to give it some political weight.
 
Just got back from Germany. First, this decision os for the Restricted T97 already in country, sot ours. We have been well aware of this decision since the BC CFO requested a sample for examination, etc..

One thing to remember, as I stated before, the RCMP withheld the test procedure for the FA "conversion" under the ATIA. One can only wonder why.

I suggest all of you, especially those who do not own one, to right to the minister ASAP.

I will post more when I have it.
 
I just sent this letter to Lorne Gunter, hoping that he'll run with it - media exposure is a good way to put some pressure on Toews and the CPC to come back to our side on this issue.

Mr. Gunter -

as a longtime supporter of civil liberties in Canada, including the rights of law-abiding firearms owners, I thought you may be interested in a very fresh case of firearm registration leading to confiscation.

No, this is not some "Stalin crushes opposition" or "Hitler did it" type of letter. Certainly those comparisons are apt, but I wish to stick to the facts of the case at hand.

The RCMP has seen fit to arbitrarily reclassify recently imported semiautomatic versions of the Chinese Type 97 rifle as "prohibited" and are beginning the confiscation process as we speak. Those who have purchased these rifles, in good faith and through all proper legal channels, are being contacted by the Canadian Firearms Centre and told they have 30 days to surrender or deactivate these firearms - without compensation, I might add.

After extensive testing, the RCMP saw fit to initially classify the semiautomatic version of the Type 97 as 'restricted' - placing it in the same class as legally-owned handguns and certain other rifles such as the AR-15. A later importation of models with a longer barrel length was classified by the RCMP as 'non-restricted' - placing them in the same class as, say, a bolt-action hunting rifle or a pump-action hunting shotgun. Registration certificates were issued, consumers took delivery of their rifles, and used them all for law-abiding purposes.

Shortly after 2010 began, the RCMP revoked the registration status of the newly-delivered rifles - also placing holds with the CBSA on any further importation of these items, since they were now 'unclassified.' As of yesterday, March 17th 2010, the RCMP has designated these firearms 'fully automatic' since - allegedly - their lab, after almost 18 months of experimentation, was able to 'easily' convert the firearm to discharge more than one projectile with a single pull of the trigger. The RCMP has refused repeated requests to release their testing results in a non-redacted form, stating that such knowledge should not be in the public domain. Government transparency indeed.

The firearms registry is being put to very effective use in order to confiscate these guns from their legal owners without compensation. It is my feeling that this issue deserves national exposure, especially at a time when Bill C-391, a repeal of the long-gun registry (into which the non-restricted versions of the Type 97 have been entered), is slated for Parliamentary Second Reading pending recommendations from the 'Committee' review process. It is my sincere hope, Sir, that you will consider relaying this story to your readers - and that they, too, will see that the potential for misuse of the long gun registry is no longer a "what if" issue.

Respectfully yours,
-(name removed)
Edmonton, Alberta
P.S. Should you require further research material for an article, I am able to put you in contact with a community of legal Type 97 owners who I'm sure will be glad to share their knowledge with you.
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lgunter@shaw.ca for anyone else who wants to contact him.

-M
 
Case law precedent detailing the degree of difficulty, availability of parts and tools, required for conversion to full auto.
While it is sometimes claimed that any semi auto can be converted to full auto, the Hasselwander decision sets a limit.
 
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