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

  1. #11
    CGN Ultra frequent flyer guess_kto's Avatar
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    ...for a purpose dangerous to the public peace....

    1. Cops can charge you with anything, but it does not mean you are guilty
    2. Purpose itself must be "dangerous to the public peace"
    3. You have to act for that purpose

    IMHO, it is very high standard.
    "Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes." - Thomas Jefferson, 1775.

  2. #12
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    Quote Originally Posted by G.Mitchell View Post
    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?
    Not exactly. Alot of it has to do with use. Say I have a crappy BB pistol that looks like a .357, maybe doesn't even work. Sitting in my basement, its not a firearm, not even a weapon. Now say I use that broken BB gun to hold up a bank. That will be use of a firearm with intent to commit a criminal offence, point firearm, etc. It relies on the apparent intent of the user and the perception of the victim. It's never black and white, there is always some grey area.

  3. #13
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    ***
    Last edited by ricochet; 05-05-2020 at 12:14 PM.

  4. #14
    CGN Ultra frequent flyer Aniest's Avatar
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    Quote Originally Posted by dagarb View Post
    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.
    Yes. I believe this is why this type of insurance is bought by those that have it: to prevent the process from becoming the punishment through attrition and financial ruin.
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  5. #15
    Super GunNutz GreenBob's Avatar
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    Quote Originally Posted by diegocn View Post
    I was reading this news article:
    https://atlantic.ctvnews.ca/mobile/t...-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?
    17+ pages of it.

    https://www.canadiangunnutz.com/foru...e-public-peace

    More then few idiots there who think those goofballs should be "rotting in jail".
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  6. #16
    CGN Ultra frequent flyer Juster's Avatar
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    I think the death penalty for toy gun possession would be a better way of distracting the public while the heroes shoot up fire halls.
    Instead of being troubled by what is really evil, people make a big fuss over what is merely conventionally evil. -Diogenes

  7. #17
    CGN Ultra frequent flyer G.Mitchell's Avatar
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    Quote Originally Posted by Ardrossin View Post
    Not exactly. Alot of it has to do with use. Say I have a crappy BB pistol that looks like a .357, maybe doesn't even work. Sitting in my basement, its not a firearm, not even a weapon. Now say I use that broken BB gun to hold up a bank. That will be use of a firearm with intent to commit a criminal offence, point firearm, etc. It relies on the apparent intent of the user and the perception of the victim. It's never black and white, there is always some grey area.
    I’m aware of that. More speaking to the foolish way they classified airsoft guns...
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  8. #18
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    Quote Originally Posted by G.Mitchell View Post
    I’m aware of that. More speaking to the foolish way they classified airsoft guns...
    I guess if youre buying or selling a gun and you meet somewhere public make sure you keep thorough records of your arrangement in case you get a frivolous charge. That way you can prove your intent is to sell not any danger to the public

  9. #19
    Super GunNutz 9mmGunGuy's Avatar
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    Quote Originally Posted by thebeardedsniper View Post
    I guess if youre buying or selling a gun and you meet somewhere public make sure you keep thorough records of your arrangement in case you get a frivolous charge. That way you can prove your intent is to sell not any danger to the public
    Best to meet at the gun range or ship the item. Restricted guns cannot simply be brought to a parking lot and sold.
    CSSA/CCFR MemberAn unjust law, is no law at all.Martin Luther (1483-1546)
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  10. #20
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    I think it would be difficult to happen to an adult who has been peaceful and law abiding and has possessed a PAL for several years even if they bought/sold actual non-restricted firearms in such places. Particularly if it is examined inside a vehicle and without ammunition present. That is a common sale process in my city and I’ve not heard of it ever causing any problem.

    While I don’t know all the facts of this particular incident mentioned, I can’t help but wonder if the guys were just joking around like boys and imitating a movie action sequence and someone without any discernment misunderstood. Is it possible that bad taste played a part, and someone with a bad attitude witnessed it when they had a lot of time on their hands?

    I don’t know, but I do wonder what the whole story was. Especially since it is younger guys, I don’t know that law enforcement would be specifically looking to ruin their lives when no actual weapon or legitimate threat was involved.

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