Alberta restricted private sale questions

[shawn]

Just to head this off, here is the law and some common excuses to not follow it that come up:

Carriers don't need a PAL:

Employees of carriers

(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-53.html?term=firearms+firearm#s-117.09


But its just mail until its opened! Its a federal offense to mess with mail! Nope not so, it is delivered/no longer mail as soon as it hits your mailbox or left at your house:

(2)For the purposes of this Act,
(a)leaving mail at the place of residence or business of the addressee thereof,
(b)depositing mail in a post office lock box or rural mail box or any other receptacle or device provided for the receipt of mail of the addressee, or
(c)leaving mail with the addressee or his servant or agent or with any other person who may reasonably be considered to be authorized to receive mail by the addressee thereof,
according to the usual manner of delivering mail to that addressee, is deemed to be delivery to the addressee.

http://laws-lois.justice.gc.ca/eng/acts/C-10/page-1.html#h-2


The seller got an ATT so it is good from his house to mine! Nope, ATT are not transferable, if its not in your name its a no go. Just like I cant use your ATT to go to the range.

Not transferable
62.Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.

http://laws-lois.justice.gc.ca/eng/acts/F-11.6/page-17.html


The only place you can possess a restricted is at your house on a place listed on your ATT:

17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of
the registration certificate for which is an individual, may be possessed only at the dwellinghouse
of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized
by a chief firearms officer.
1995, c. 39, s. 17; 2003, c. 8, s. 15.

http://laws-lois.justice.gc.ca/eng/a...ge-6.html#h-11


Here are the possible punishments if you don’t get an ATT:

110. Every person commits an offense who, without lawful excuse, contravenes a condition
of a license, registration certificate or authorization held by the person.

111. Every person who commits an offense under section 110 or who does not comply with
section 103
(a) is guilty of an indictable offense and liable to imprisonment for a term not exceeding
two years; or
(b) is guilty of an offense punishable on summary conviction.

http://laws-lois.justice.gc.ca/eng/acts/F-11.6/page-28.html#h-40

And under the CC:

Possession at unauthorized place

93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

(a) indicated on the authorization or licence as being a place where the person may not possess it;

(b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

(c) other than a place where it may be possessed under the Firearms Act.

Punishment

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

(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.

http://laws-lois.justice.gc.ca/eng/a...6/page-36.html


That's cool I will get someone else to pick it up! Not cool for them:

91.(1)Subject to subsections (4) and (5), every person commits an offense who possesses a firearm without being the holder of
(a)a license under which the person may possess it; and
(b)a registration certificate for the firearm.
Unauthorized possession of prohibited weapon or restricted weapon
(2)Subject to subsection (4), every person commits an offense 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 license under which the person may possess it.
Punishment
(3)Every person who commits an offense under subsection (1) or (2)
(a)is guilty of an indictable offense and liable to imprisonment for a term not exceeding five years; or
(b)is guilty of an offense punishable on summary conviction.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-41.html#h-40


I am sure there is more in both the CC and firearms act, but frankly I got tired of copy and pasting.

As I have said before the chances of getting caught are next to none and the laws are retarded. But that does not make it legal to ignore them.

If you choose to ignore the law that is your choice but stop trying to convince others that this is legal and the proper thing to do.

It seems like some have not actually read the firearms act or portions of the CC. Read the firearms act already, it is only 75 pages, and it is bilingual so it is only half pages. And read up in the CC as well just search firearm and you only get like 70 results iirc.

Shawn

 

[dan belisle]

The point you are not getting is the law doesn't care how many packages you or your mail box gets.

It is illegal to transport a restricted without an ATT, so you need an ATT.

It is illegal for someone to be in possession of a restricted unless they are licensed and have an ATT. So whom ever picks up the package requires a license and an ATT.

I am not saying I agree with it or that it is not retarded. Just that it is the law.

So far you have provided nothing to show this is legal. Just your opinion that you get so much mail that it is impossible for you to know when the gun you ordered get here Cough cough cough ... tracking number.




That's the crappy part, as the law is written you would have to trigger lock it. I have no idea how to accomplish this with out someone going all SWAT team on you.

Shawn

I've had guns show up when I'm not home (literally out of the country), had them show up in my mail box, thrown on my porch, stuck in the door, delivered to neighbours, etc, etc. I've also had them shipped to me before I've even paid for them (some trusting folks out there, bless every one of you). I've had guns show up when the PO tracking system tells me they are still in another province/country. So tell me how to plan for all that, according to our wonderful system?

I'm not saying it's legal, and I haven't anywhere in this thread. I am saying, the law is so stupidly written that you have very little hope of ever complying with all it's facets. So good luck with your paperwork, and I hope for your sake you never have to test what actually is or is not "legal". - dan