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Thread: Legality of an unlicensed person holding a firearm in a store?

  1. #31
    CGN Ultra frequent flyer StoneHorse's Avatar
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    Quote Originally Posted by Scarb67 View Post
    1/4" aircraft cable secured under/to counter...lock through eyelet on cable and trigger guard?
    Smaller version works on cell phones and portable computers...
    Don't tell me the computer geeks are better at practical knowledge than outdoorsy types?!
    The provincial CFO's would not approve. Its not about preventing theft, its about preventing quick use. Also, would you want to purchase a new pistol that has the bluing rubbed off where the cable is attached?
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  2. #32
    CGN Ultra frequent flyer jiffx2781's Avatar
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    So, I was in a store the other day that I hadn't been in for a while. Up until this past visit I was never asked to show my license nor did I ever hear them ask anyone else, right up until the item was actually being purchased. If you were just checking something out it was never asked to be shown.

    I don't know what changed but this time the first thing they said to me and every other customer in the store was NOT the usual "how may I help you". This time every conversation started with "can you get out your firearms license so I can have a look at it".

    Not too impressed because he had no clue yet why I was even there. So my response was "no, I won't give you my license until, or if, I actually need to".

    There was a father and son in the store. The son had recently taken his PAL course and wanted to look at a couple guns to get an idea what he wanted to get as soon as his PAL arrived.

    Sales clerk would NOT hand the son a gun. He had the father show his license and only handed the firearms to the father.

    The father speaks up and asks how his son is going to know if he likes the gun or not if they won't let him hold it. He even tells the sales clerk that it's perfectly legal to let his son handle it.

    Legal or not, it's against our policy to hand a firearm to someone without a license, says Mr. sales clerk. He continues to tell the father "you can hand it to him BUT he's under YOUR direct supervision, not mine".

    WTF?? I'm thinking to myself. Have things actually gotten this ridiculous?

  3. #33
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    Quote Originally Posted by StoneHorse View Post
    The provincial CFO's would not approve. Its not about preventing theft, its about preventing quick use. Also, would you want to purchase a new pistol that has the bluing rubbed off where the cable is attached?
    Lets get practical and move forward with the base plan by saying trigger lock instead of guard? Lets say the cable has the nylon sheath? Lets have them insist we all wear non slip gloves so there aren't any hand prints on the next persons new gun (cuts down on hand sanitizer too) ?

    I would ponder whether the store clerk was stepping back by handing the gun to the father, maybe hoping the father would point out that he could by law hand the gun to his son? Clerk doesn't hand the gun to an unlicensed person...unlicensed person gets the gun from another licensed person to have an actual look.
    CYA...clerk asks the dad to hand it back over the counter once "he" is done looking at it.
    Last edited by Scarb67; 01-03-2019 at 02:46 AM.

  4. #34
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    I was at Tenda to try out a non restricted rifle after got notified my PAL details before it arrives my mailbox. Got told by a guy, the manager, can't touch it even they verified my PAL info online and confirmed my identity with my driver license. I only can look over the counter to "exam" and "feel" the rifle. Not even gonna help to place order while I was in store, need to do it online.

  5. #35
    CGN Ultra frequent flyer EL34/6L6's Avatar
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    Some stores don't let you handle without showing your license simply to keep the looky-loos and gawkers away who have no intention or capability of buying a gun.

    My local Cabela's for instance will let anyone handle an non restricted, but it as soon as you ask to see a pistol, they want to see your RPAL.
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  6. #36
    CGN Ultra frequent flyer sulisa's Avatar
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    Quote Originally Posted by EZTRGT View Post
    Hey Guys,

    Getting my license soon and was preshopping for my first pistol. The store I had visited said I couldn't hold the pistol I was interested in due to the fact that I am unlicensed. However, the other store I had visited earlier let me examine anything I wanted to. And to top it off, the guy said that they were a gun store, but it was okay to ask to see anything I wanted - don't be shy.

    I guess i already know the answer, considering I shot 100 rounds at the range with a SO at my side and that's a lot different from just looking at a locked pistol, but is is legal for an unlicensed person to examine a firearm in a store?

    Thanks
    EZTRGT
    Kyle
    It's legal to hold the gun, because you should be under supervision of the employee. However, if the employee has his head on a swivel, or is juggling multiple customers, the store (or employee) may have a policy of not allowing unlicensed people to hold the firearm. But there's nothing against that in the Firearms Act.

  7. #37
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    Quote Originally Posted by EZTRGT View Post
    Hey Guys,

    Getting my license soon and was preshopping for my first pistol. The store I had visited said I couldn't hold the pistol I was interested in due to the fact that I am unlicensed. However, the other store I had visited earlier let me examine anything I wanted to. And to top it off, the guy said that they were a gun store, but it was okay to ask to see anything I wanted - don't be shy.

    I guess i already know the answer, considering I shot 100 rounds at the range with a SO at my side and that's a lot different from just looking at a locked pistol, but is is legal for an unlicensed person to examine a firearm in a store?

    Thanks
    EZTRGT
    Kyle
    For all we know...it is possible that both clerks in both stores are both correct.

    Generally speaking, the law provides for an unlicensed person to handle or use a firearm while under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it.

    See Section 91 of the Criminal Code:

    Unauthorized possession of firearm

    91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

    (a) a licence under which the person may possess it; and

    (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

    Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

    (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

    Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    (b) is guilty of an offence punishable on summary conviction.

    Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

    (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

    (i) lawfully disposes of it, or

    (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

    (5) [Repealed, 2012, c. 6, s. 2]

    R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4; 2012, c. 6, s. 2; 2015, c. 27, s. 19.



    <https://laws-lois.justice.gc.ca/eng/acts/C-46/page-19.html#h-39>
    Having said that, a business with a business (firearms) license may have extra conditions (on their license) of which we might be unaware. If a business has extra conditions, they might be bound by them.

    Firearms Licences Regulations (SOR/98-199)
    <https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-199/index.html>
    Last edited by Wendell; 01-03-2019 at 11:36 AM.
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  8. #38
    CGN frequent flyer guninhand's Avatar
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    I wouldn't be too hard on stores not wanting someone to handle any gun without a PAL or RPAL. If the customer is some thug with big muscles from weight lifting in the prison gym, is the average clerk going to stop him from walking out the door with it, or hopping over the counter to grab ammo. We don't want to give Libs excuses to make it tougher on everybody.
    "Let all the poisons that lurk in the mud hatch out." Claudius

  9. #39
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    Quote Originally Posted by EL34/6L6 View Post
    Some stores don't let you handle without showing your license simply to keep the looky-loos and gawkers away who have no intention or capability of buying a gun.

    My local Cabela's for instance will let anyone handle an non restricted, but it as soon as you ask to see a pistol, they want to see your RPAL.
    In my limited experience with Cabelas, license or no license, they won't remove the triggerlock either.

    Maybe they've seen one of these video clips:



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  10. #40
    Stores are just trying to be safe ... I think

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