The "grandfathering train" left the station for us all years ago. No new "grandfathered" prohibs can be created under present law. The only "new" grandfathered individuals are those who receive a "pre 1946" lawfully possessed 12(6) handgun via 12(7) and that applys only to those particular firearms inherited i.e they do not have the privileges of a 12(6) to acquire others of that class.
AK dilemma
- Thread starter myenfield
- Start date
The "grandfathering train" left the station for us all years ago. No new "grandfathered" prohibs can be created under present law. The only "new" grandfathered individuals are those who receive a "pre 1946" lawfully possessed 12(6) handgun via 12(7) and that applys only to those particular firearms inherited i.e they do not have the privileges of a 12(6) to acquire others of that class.
Hypothetically, if it's off the radar, what they (the authorities) don't know won't hurt them. This is why:
You can't turn it in because you'll incriminate yourself in possessing a firearm you ain't allowed to possess. Who wants to go to jail for trying to do the right thing?
You can't take it to a smith/welder to weld up because you will need an ATT to legally transport it, and you can't do that without admitting you possess it in the first place (see previous paragraph).
Maybe the authorities will come out with an amnesty of some sort for these situations. But you can't rely on local cops because they don't have the authority to make "deals". They are obliged to enforce the law.
I guess you could get her welded up and then state it was done years ago (prior to it becoming a prohib), but then again, there should be a paper trail going to where this welding/deactivation was done, and then they'll get you for not having an ATT.
So unless they give you a deal of some sort, you cannot do "the right thing" without getting entangled in the legal system. The Liberals designed this system to get at their hated enemies (gunowners, small "c" conservative working people, western "rednecks", etc.,), and it's working like a charm. Quite ironic, coming from the Party that claimed at the time(and now) that it'
s the best one equipped to unite Canada.
You can't turn it in because you'll incriminate yourself in possessing a firearm you ain't allowed to possess. Who wants to go to jail for trying to do the right thing?
You can't take it to a smith/welder to weld up because you will need an ATT to legally transport it, and you can't do that without admitting you possess it in the first place (see previous paragraph).
Maybe the authorities will come out with an amnesty of some sort for these situations. But you can't rely on local cops because they don't have the authority to make "deals". They are obliged to enforce the law.
I guess you could get her welded up and then state it was done years ago (prior to it becoming a prohib), but then again, there should be a paper trail going to where this welding/deactivation was done, and then they'll get you for not having an ATT.
So unless they give you a deal of some sort, you cannot do "the right thing" without getting entangled in the legal system. The Liberals designed this system to get at their hated enemies (gunowners, small "c" conservative working people, western "rednecks", etc.,), and it's working like a charm. Quite ironic, coming from the Party that claimed at the time(and now) that it'
s the best one equipped to unite Canada.
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Yes, it can be sold to a dealer, but only resold to another dealer, so value is very low.
If the item in question is not presently registered as a grandfathered prohib how can it be lawfully transferred and possessed?
So, could it then be de-activated, and sold to whoever wants it?
Is it legal to strip it down and rebuild it on a dummy reciever, then destroy the original functional reciever? Something like what SKSman sells? At least then if unicorns show up and fix the firearms act and magically make AK's legal again it could be built into a legally owned firearm again...
P0WERWAGON
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what AK?
Hypothetically, yes. But getting a smith who deactivates and has a biz license for prohibs, and is willing to register it, then deregister it, is the issue.
An old room mate from way back had let his f.a.c. lapse , had his ak registered to it and all. About 4 years after the fact he goes and tries to get all legal again and low and behold they tell him he needs to produce that ak or #### will hit the fan and NO licence till he does. So, phone the chief provincial firearms boss for his province and get them to send him a signed letter stating what needs to be done. DO NOT phone the cfc as those ####ing clowns wouldn't know the difference between the sun and the moon(personal experience) and just give you contradictory advice, of which none is good . Q
Let a present PAL with prohib privileges expire and any grandfathering goes with it. You don't get it back and lose the fireams of that class. Sell your last prohib of a given class grandfathered to you and you lose that class as well.
There is no way for an individual with a PAL or private business with a retail licence to lawfully possess this particular gun. You cannot create or register a "new" grandfathered prohib. The time to do so was regulated by statute and is long expired.
This firearm cannot be registered into the CFC system. There is no legal mechanism to do so. There is no prohib "amnesty". A person with 12(5) OIC 13 cannot now register an unregistered AK and neither can those few businesses that can "own" prohibs register an unregistered AK.
BTW, the business "prohib" licence was a convenience (like the "POL") allowed so that businesses could dispose of those prohibs in inventory before the cut off date. Those still in inventory afterward became non-transferable but still lawfully possessable by the business. It does not allow them to create new registrations of prohibs after the statute cut off date. Like the POL, no new licences of that nature have ever been issued after that time. This is not the same as a business licence allowing consignment sales of prohibs where actual ownership does not pass to the business.
If a firearm of now prohibited status in private hands was not re-registered into the new system by the time required it cannot enter it now. The only truly lawful action for the owner is to turn it over to the police for disposal.
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Not for the civilian retail market they don't. Who sells newly imported prohibs to be dewated for public sale? How does this apply to the present case? Exactly?
By what lawful lawful means, chapter and verse, can this gun be transported or possessed by the present holder right here, right now?
Educate me. Explain what you think this firearm's present status is. Just as it is now.
Currently, he is, of course, breaking the law. The current owner can attempt to bring himself and the gun into compliance. The quicker it happens, the better. It happens all the time; Gun is found and registered. Really not that complicated.
