Can you elaborate on the process? No need for details on your case but how did you apply? Who do you send the application to? How long did it take to be heard? Who was there? What kind of questions asked?
I understand the burden of proof falls on you so how would you go about proving that they don't need pictures to verify your lower? If I get asked to provide pictures I would love to go to court over it as long as I know what to do and say. I'm not a firearm expert OR a legal expert...
In my case, I used S.74 to challenge the BC CFO for refusing to issue a "Western Canada wide ATT" as I had had previously. As I recall, I went to the local courthouse in Kamloops and talked with the lady there who books the court dates. It started there, and took a couple of trips, but eventually I got on the docket.
In BC, the form I began with is called a "Reference to a Provincial Court Judge. Firearms Act." I think I got this form online, but the courthouse would have it. I filled out the identification part, and ticked the appropriate box. I should warn you that the lady who did the bookings is a sort of gate-keeper, and I recall her being cranky about fitting me into her schedule, so if you're going to start a challenge, don't leave it to the last minute- give them lots of time.
It was a 2-stage thing: first I appeared before the court to argue
that there should be a reference hearing. It's not a given that you'll get one. Had I lost, that would have been it, right there. That was in October of 2008, and the actual hearing took place in late April 2009.
Present were Counsel for the CFO (a local Kamloops lawyer who usually gets the firearms cases), 2 witnesses (CFO employees), and me. I will say that the judge, recognizing that I was "self-representing", was very considerate, and advised me that I was free to stop the proceedings at any time if there was anything I didn't understand. I felt he had some sympathy for me, but I also understood I was on my own as far as arguing the facts.
Essentially, my questions were designed to make the CFO defend her position in refusing to issue me the same ATT as they had the previous time. She herself didn't appear, her employees did.
I lost my case, but I fully expected to. My real purpose was to push back against the CFO for what I considered was an unfair act: limiting an ATT that should be Canada-wide.
I will say that I really did my homework: I read the Firearms Act and anything related, spent a lot of time making sure I knew what I wanted to say, rehearsed my arguments in front of my wife, showed up in court on time, prepared, well-dressed, and respectful. I was aware that I was out of my league, certainly pushing the boundaries of my comfort zone, but I was prepared and reasonably confident that I wouldn't make a complete fool of myself.
My entire argument was based on the idea that law did nothing for public safety. It was a rude shock when I learned that their argument had nothing to do with safety, it was a matter of jurisdiction: the various CFO's were uncomfortable issuing ATT's to provinces other than their own, and appeared to have agreed amongst themselves not to do so any longer. It wasn't a pleasant moment, but I guess I did ok. Afterwards, Counsel for the CFO (the Kamloops lawyer), told me he was impressed with how I handled myself and how I presented my case.
I'm not saying any of this was easy. It was intimidating, standing in a courtroom before a judge and with a professional as an opponent, and me a rank amateur. But I believed in the rightness of what I was doing, prepared myself as best I could, and was willing to step into that arena.
I'm saying it's doable if you're willing to do your homework and you're reasonably articulate.