So the description of the Derya shotgun in the model
1 description of the firearm. It speaks to its -- to
2 some of its characteristics, but it's not a detailed
3 analysis on the characteristics that would be
4 considered for variant status.
5 Q. Okay. And who prepared this description? Was it you?
6 A. No. That would be one of the SFSS staff members who
7 did that.
8 Q. Doing it under your supervision?
9 A. At the time, yes.
10 Q. Okay. And, now, I see that there are a lot of
11 references to similarity with the AR-15, but I don't
12 see any references to any similarity with the AR-10.
13 You would agree with me the AR-10 is not mentioned
14 here?
15 A. In that description, yes.
16 Q. Okay. And you will agree with me that this particular
17 firearm does not have the same receiver as any AR-10,
18 AR-15, M4, or M16 firearm?
19 A. As I said earlier, it does not have the same receiver
20 as any of the original firearms of those types.
21 Q. Okay. Does it have the same receiver as any
22 non-original firearm of that type?
23 A. Well, as I said before, the Turkish shotgun industry
24 reuses parts and components between brands of shotguns
25 considerably. And so there may be other
1 similar to the Derya which fall within the ambit of
2 paragraph 87 and which have parts that are
3 interchangeable to the Derya MK12.
4 Q. Well, I don't think you're quite answering my question,
5 though. So let me put it this way: Are you aware of
6 any shotgun, Turkish or otherwise, that has the same
7 receiver as the original AR-10, AR-15, M4, or M16?
8 A. No. The receivers would be -- would logically be
9 different because they're shotgun receivers.
10 Q. Okay. So then I think what that means is that this
11 particular firearm does not have the same receiver as
12 any M4, M16, AR-10, or AR-15?
13 A. I'm, again, presuming you're referring to the original
14 firearms of those model designations?
15 Q. Well, we have already established that no shotgun has
16 the same receiver as the original, so I'm not quite
17 sure why we need to make the distinction.
18 A. The reason I need to make the distinction is because
19 the AR platform family of firearms consists of
20 thousands and thousands of models, some of which are
21 very similar to the original designs, and some of which
22 are quite different.
23 So -- and on top of that, there are a number of
24 Turkish made shotguns, which are also variants of
25 the -- of that family of firearms, and I cannot
1 with certainty today, with the information I have at
2 hand, whether any of those Turkish shotguns have common
3 components.
6 Q. But hold on a second. But you said something
7 interesting. You said that, you know, there's the
8 original AR-15s and then -- they are very different
9 from the original. The ones that are very different,
10 they are not AR-15s at all, are they?
11 A. They can be. What I meant when I referred to that was
12 that -- when I was talking about the AR-15 -- or rather
13 the AR platform family, which as I said, consists of
14 thousands of models of firearms, made by hundreds of
15 manufacturers, supplied by thousands of third-party
16 parts suppliers. The range of designs are huge, yet
17 they're all part of the AR platform family, most of
18 which would be variants of one of those four original
19 firearms.
20 Q. Okay.
21 A. In addition to that, there are Turkish shotguns other
22 than the three that you have mentioned, which would
23 fall into the variant category for paragraph 87, and
24 because of the way the Turkish shotgun industry works,
25 with a high degree of interchangeability between parts
1 and components within that industry, it's entirely
2 possible that some other variant of a firearm named in
3 paragraph 87 would have some exchangeability or
4 capability with components of the three shotguns you
5 referred but I simply don't have that detailed information
8 available here today.
9 Q. But the reason why the Turkish shotguns were deemed
10 variants of the AR family by you has nothing to do with
11 their receivers. That's not why they're considered to
12 be variants, correct?
13 A. First of all, SFSS does not deem anything. That's a
14 legislative power. SFSS does not do that.
15 Secondly, as I have said earlier, the
16 determination as to whether any firearm is a variant or
17 not is based on all of the information available; not
18 just whether it has a common receiver or any other
19 exchangeable or interoperable parts.
20 Q. And I do understand that, but I just want to make it
21 clear that the reason why the Turkish shotguns are
22 variants, in your view, has nothing to do with their
23 receivers, correct?
24 A. No, I would disagree with that. The receiver of a
25 variant firearm can be different but still a variant
1 So -- and, for example -- I gave you an example earlier
2 of the 1990s era AR-10s made by the resurrected
3 ArmaLite Corporation. The -- they were designed,
4 manufactured, and offered for sale as AR-15 variants
5 even though the firearm had been altered to be
6 chambered for .308 Winchester rather than .223
7 Remington, and that involves a change to the receiver.
8 The magazine well has to be longer. The receiver ring
9 has to be bigger. There's a number of differences
10 there. So these firearms are still variants of the
11 AR-15 even though the receiver is not the same as the
12 AR-15.
13 So as a principle, a variant does not have to have
14 the exact same receiver as the original, and in most
15 cases -- well, I mean, in many cases they do not.
16 Q. And is there a degree of difference that is necessary
17 for something to be different than after it's no longer
18 a variant? I'm talking about receivers specifically.
21 A. As I said earlier, the determination of whether a
22 firearm is a variant or not does not depend on the
23 single matter of whether a firearm has a receiver which
24 is the same or different. That's not the basis on
25 which
1 Q. No, no. I don't think -- that's not my question. You
2 were talking about whether one receiver is a variant of
3 another receiver. So we're just talking about
4 receivers, specifically, okay.
5 So is there a degree of difference, a specific
6 degree of difference that is required for one receiver
7 to no longer be a variant of another receiver?
8 A. No. There's no specific amount of change. I'm not
9 sure how you would measure amount of change, even if it
10 were. As I said earlier, the similarities of the
11 receiver is but one factor that's considered in
12 determining whether a firearm is a variant of another
13 firearm.
14 The decision as made by -- or I mean the
15 determination as made by SFSS is based on the totality
16 of information available; not individual single
17 factors.
18 Q. And I think we (indiscernible) from the receivers. I'm
19 not sure if I've asked you about the barrel and the
20 bolt, but you would degree with me that the barrel and
21 bolt of this shotgun does not -- of the Derya MK12 is
22 not shared with any AR-10, AR-15, M4, or M16 in the
23 regulations?
24 A. Correct. The barrel of the Derya shotgun is not the
25 same as any barrel used in any of the original AR-10
1 AR-15, M16 or M4 firearms.
2 Q. And the same goes for the bolt and the magazine, right?
3 A. Yes, that's correct.
4 Q. Okay. So just so we're clear, because I think, you
5 know, this is an important point, you referred to the
6 original design of the AR-10, AR-15, M4, and M16.
7 The firearms -- I'm not sure what the right
8 terminology is. The group that is specifically named
9 in the regulation as M4, AR-15, M16, AR-10, is that a
10 reference to their original designs? Is that what the
11 regulation refers to in your understanding?
12 A. Yes, it does.
13 Q. So just to be clear, if you can give me one second. Do
14 you have a copy of the regulation handy?
15 A. It's not in front of me right now, but I imagine we
16 could get one fairly quickly.
17 Q. Okay. Well, it's probably easier if I share a screen
18 with you, so just give me one second.
19 Now, I'm showing you section 87 of the regulation,
20 and there's a reference there to the firearms of the
21 designs commonly known as the M16, AR-10 and AR-15
22 rifles and the M4 carbine. So that reference in
23 section 87 is to their original designs, right?
24 A. Yeah. The screen share has not come through. I can
25 see you but not the document.
9 Q. MR. BOUCHELEV: Okay. Do you see section 87 now?
10 A. Yes, it's come through now.
11 Q. Okay. Excellent. So the firearms of the design
12 commonly known as M16, AR-10, AR-15 rifles, and the M4
13 carbine; do you see that?
14 A. Yes.
15 Q. Okay. So in your understanding, section 87, when it
16 lists these four firearms, it refers to the original
17 designs from the 1950s and 60s?
18 A. That's my understanding.
19 Q. Okay. All right. So all of the firearms listed in
20 subparagraphs starting with (a) and going all the way
21 down hundreds of entries here, they are all, in your
22 understanding, variants of the original design of the
23 AR-10, AR-15, M4, or M16?
24 A. Well, the content of those regulations was determined
25 by the Governor in Council.Canadian Coalition for Firearm Rights et al v. Attorney General
1 Q. Okay. But I'm asking for your understanding.
2 A. They all look like variants to me.
3 Q. No, no. But -- so section 87 has a number of
4 subparagraphs, right? Starting with (a)?
5 A. Yes, it does.
6 Q. Okay. And all of these subparagraphs refer to
7 individual firearms, right?
8 A. They refer to individual makes and models, which may
9 actually represent more than one firearm.
10 Q. Okay.
11 A. If you factor in calibers and barrel lengths.
12 Q. But all of these individual makes and models are
13 variants of the original M4, M16, AR-10, and AR-15,
14 right?
15 A. Well, those firearms were put there by the Governor in
16 Council, so they are named as variants, and I accept
17 them as that.
18 Q. Okay. But is it your understanding that they are
19 variants of the original design?
20 A. They certainly appear to be, but the rationale for
21 determining what went into the named variant list lies
22 with the Governor in Council, and I don't know what
23 that is.
Q. Okay. But you don't have any information to suggest
25 that they -- okay. Anyways, I think you've answered my
1 question.
2 I take it it is your understanding that they are
3 all variants of these four?
4 A. It certainly appears to be to me.