Antique revolver STOLEN!

The definitions of prohibited and antique firearms fall under the Criminal Code, not the Firearms Act. Maybe I am confused?

Doesn't really matter, but yes, those definitions are in CCC 84(1). See code examples when an antique firearm is considered a firearm (stealing and such - previous post)

One doesn't cancel out the other, unless specifically indicated.
 
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Which is the greater loss, your gun or your "friend" who is sitting in jail and could could probably benefit from someone that hasn't given up on him? Go talk to him and forget about the gun.
 
Which is the greater loss, your gun or your "friend" who is sitting in jail and could could probably benefit from someone that hasn't given up on him? Go talk to him and forget about the gun.

You can't be serious. Your friends must take advantage of you constantly while you're patting them on the back for it
 
You can't be serious. Your friends must take advantage of you constantly while you're patting them on the back for it

Agreed. a *friend* steals something of yours that's rare/antique/prized and you'd want to reach out and find out wtf's going on?

That's mighty christian of you. I was baptized, but would find it REALLY (REALLY!) hard to forgive and reach out.
 
If it's used in the commission of a crime, I find it hard to believe that you won't be charged with "unsafe storage". This is Canada, after all.

Nothing about subsequent use or misuse is a requirement to be charged with unsafe storage. The mere fact that it has been stolen by a person who knew where the keys were could be grounds for a charge. Whether or not that will result in conviction is a different story.

And for the records, there is no such thing as unsafe storage. You can be charged under 86(1) or 86(2). 86(1) Careless storage (very different idea legally than unsafe). 86(2) Storage in contravention of the regulations.

You sure about that? How about when a gun meets the definition of both an antique firearm AND a prohibited firearm?

Exactly. And here we get to have yet another thread debating what antiques are and aren't, under the law.

Can you give us an example?

Yes. Probably the antique in question is an example of a prohibited firearm that is also an antique.

CC 84(3)(a) states that an antique firearm is not deemed to be a firearm under the provisions of the firearms act. Can you give us an example of a firearm that meets the definitions of both prohibited and antique?

No, it doesn't. As has already been pointed out, an antique IS a firearm everywhere in law, except for the narrow list of sections set out at 84(3). You will not that Antiques are not exempt from S 84, which define the individual classes, ie prohib, as well as section 86, the offences for careless storage and storage contrary to the regulations.

The regulations in question expressly state that "14 (1) An individual may store, display or transport an antique firearm only if it is unloaded."

So as long as the handgun was unloaded, it was stored in compliance with the regulations. Nothing about following the regulations precludes you from being charged under S86(1).

As a bit of a ridiculous example to make the point obvious, you can legally comply with regulations for NR storage by unloading it, removing the bolt, taping the bolt to the stock and leaving the firearm on your front lawn. You will have complied with the regulations, but you can be charged, and I doubt any judge in the country would have a hard time convicting you, of being careless.

I hope the OP does not get charged. He is clearly a victim of theft, but given the circumstances surrounding the loss I wouldn't in the least be surprised if he was charged.

Which is the greater loss, your gun or your "friend" who is sitting in jail and could could probably benefit from someone that hasn't given up on him? Go talk to him and forget about the gun.

This is an interesting idea. Are you suggesting the gun owner should turn the other cheek and forgive the theft of a precious piece of history? And just forget about the loss, which will be pretty difficult if he ends up being charged and sharing the jail cell with him? That last one is a bit of hyperbole, cause I am sure even if he is charged and convicted he won't be going to jail.
 
CC 84(3)(a) states that an antique firearm is not deemed to be a firearm under the provisions of the firearms act.


No, it doesn't. As has already been pointed out, an antique IS a firearm everywhere in law, except for the narrow list of sections set out at 84(3). You will not that Antiques are not exempt from S 84, which define the individual classes, ie prohib, as well as section 86, the offences for careless storage and storage contrary to the regulations.

(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

(a) any antique firearm

copied from CC
 
To each his own. I only have a small group of people that I truely consider friends, but I'd trust all of them in my gun room. Then again, I've known them for half my life, and have lived with each of them at one time or another.

Of course others make it into my house for various reasons. Most of them don't even know I own guns, it's none of their damn business.

my son is the only other person that's ever been in mine
 
Thank you for providing the quote. You seem to be hung up on the firearms act part, and missing the point. The firearms act does not define what classification is. S84 of the code does that, and its a section that antiques are not exempt from.

I am not hung up on anything...in fact- I agree with you!

I asked for an example of an antique firearm that is also a prohibited firearm.
I was told to read the FA.
I quoted CC 84(3)(a) which says an antique isn't regulated by the FA.
I then restated that the definitions of antiques and prohibs are in the CC.

I am aware of how an antique gets treated as a firearm when offences are committed with it. My point of my earlier posts was to distinguish the CC from the FA, where antiques aren't covered.
 
Alright folks, got an update - the police arrested the perpetrator last week, but they haven't found the gun yet. I can only hope that they do.
What is the background of this situation? Why was the "perpretator" as you now call him in your house in the first place? The police must actually have some evidence other than your accusation in order to keep the perpretator behind bars. If the guy gives up the location of the gun he would be admitting guilt. In that situation you may never get it back.
 
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