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Thread: Possession of a weapon dangerous to the public peace?

  1. #1
    CGN Regular
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    Possession of a weapon dangerous to the public peace?

    I was reading this news article:
    https://atlantic.ctvnews.ca/mobile/two-men-face-charges-after-police-respond-to-weapons-complaint-in-dartmouth-n-s-1.4910892

    Seems like 2 kids were looking at an airsoft gun at Canadian Tire parking lot. Someone saw the gun and called the police. They were charged with s.88 possession of a weapon dangerous to the public peace.

    This gets me thinking s.88 is just another blanket law they can use to annoy firearm owners. Especially when doing local sale at Tim Horton's parking lot. I noticed s.88 is not in the 2020 coverage. Would it make sense to add the coverage in the future?

  2. #2
    Super GunNutz A-zone's Avatar
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    The offence is possession "for a purpose that is dangerous to the public peace."

    I would expect that the Crown would have to establish that the intent of the possession was to be dangerous to the public peace.

    From the Criminal Code:
    dangerous purpose

    88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

  3. #3
    CGN Ultra frequent flyer DOOK's Avatar
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    It will be the difference between weather the public was upset by seeing the airsoft gun, prompting the 911 call, or if the guys had a malicious intent to cause the public distress.

  4. #4
    CGN Ultra frequent flyer geologist's Avatar
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    I guess this would qualify as well at an airport in Vancouver...................

    "Conservation is the mark of a dying civilization. When your technology is not increasing at the same rate as your population growth you are done. Bring on the next contender.".

  5. #5
    GunNutz dagarb's Avatar
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    That is exactly why insurance is needed. Even with zero chance of conviction the crown can still crush you with the process until you're broke and take a plea.



    Quote Originally Posted by A-zone View Post
    The offence is possession "for a purpose that is dangerous to the public peace."

    I would expect that the Crown would have to establish that the intent of the possession was to be dangerous to the public peace.

    From the Criminal Code:
    CSSA (life), NFA (life), CCFR (life)
    CDTSA
    ATHL, IDPA, IPSC(AB)

  6. #6
    CGN Regular caskenette's Avatar
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    Certainly a lot safer than searching Gang Bangers on street corners Absolute , unadulterated , overreach and bull#### Period / Full Stop

  7. #7
    CGN Regular Vertebrae's Avatar
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    It's the "this isn't actually illegal, but we don't like you and you're dangerous because reasons, so we're going to bend you over for it" law. I know someone who was charged with it because he had a couple pocket knives when he was 16 and out drinking in the woods with his friends. It got dropped in court.

  8. #8
    CGN frequent flyer btabin's Avatar
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    Are airsoft guns considered (imitation) weapons in Canada?
    I suck at responding to PMs. Don't take it personally.

  9. #9
    CGN Ultra frequent flyer G.Mitchell's Avatar
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    Quote Originally Posted by btabin View Post
    Are airsoft guns considered (imitation) weapons in Canada?
    Depends on the FPS. If they can do harm they’re legal like BB guns. If they can’t they are illegal replicas. Makes sense right?
    Looking for members in Grande Prairie Alberta interested in wilderness skills, survival skills, camping, prepping, shooting, etc.

  10. #10
    CGN frequent flyer gutinater's Avatar
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    Ok... this is of actual concern to some of us. I drive military jeeps with covered airsoft MG’s or dewats on public roads. For the sake of not causing people on edge any unnecessary anxiety they are taken off during covid. Am I looking for a criminal charge next time I do this?
    Last edited by gutinater; 04-28-2020 at 01:30 AM.

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