Policy vs Law
Ignorance of the law is no excuse but there is a provision for a mistake in the law. This only applies to the police of course.
If an officer thinks you are breaking the law you are breaking the law!
A couple of my shooting buddies got in a pile of crap because of a bunch of shotgun hulls rolling around the back of their pickup. A cop spotted them at a road check and six hours of later they were on their way. We know that shotgun hulls are not ammunition but not everyone knows that.
It gets worse though
A quick background.
A few years ago there was a family shooting in Vernon BC. Nine of the eleven people shot died. It turned out that the police had responded to a domestic dispute there a week before.
There is now a Policy in BC that firearms are to be seized whenever there is a domestic dispute.
The police seize under the public safety laws. Note that there is usually no 'hot pursuit' and a warrant is required to enter a private residence unless there is immenent danger.
This policy, of course, won't hold up in court.
Now the nightmare.
Man gets in shouting match with teenage son
Nosey neighbour calls cops.
Cops show up and question parents and kids seperately.
Cops ask to see his guns
WTF he asks. There was no fight. Wife verifies this.
Cops sieze guns as a matter public safety.
Oops - pistols do not have trigger locks (pistols in a vault)
Unsafe storage charge.
Loose ammo in drawer
Unsafe storage charge
...... 8 BS charges later guns are gone
He gets lawyer next day finds out guns will be destroyed in 60 days
45 days later he gets a hearing
Destruction stayed until trial.
14 MONTHS!!! later the trial is delayed again
The crown offers to stay all charges but one unsafe storage charge. His record will be cleared after 6 months probation, community service and retake the safety courses. This is upon approval from the judge of course.
Lawyer recommends that he take the deal as the trial costs will get 'prohibitive'
2 MONTHS later this mess gets before the judge.
The judge allows for the guns to be released to me for safe keeping until his probation is over. Caveat - I have 60 days to get transfer the guns
Next day I go to the RCMP to initiate the transfers.
Here's where my involvement begins
All of his guns were 'stored' in a plastic garbage can.
Three guns were re-registered with the wrong serial number - won't transfer
Two semi-auto guns re-registered as bolt action - won't transfer
One pump action shotgun re-registered with wrong barrel length and classification (I guess phosphate=military=restricted) - won't transfer
One Bolt action with barrel length off by over an inch - won't transfer
I should add that the exhibits officer was beside himself as this makes his life miserable. The irony is that the Certs were seized along with the guns but the officer decided to re-verify rather than look up the cert info.
The rest of the guns went off without a hitch.
57! days later the paperwork came through and I got the guns released to me.
He gets his guns back in January 2010 (if the paperwork shows up).
So no laws broken but policy cost my friend thousands in legal fees and me couple hundred man hours of paperwork.
The police were going to seize his guns no matter what, but the BS charges came along because he was messy/didn't have a copy of the regs handy.
Without the BS charges this process would have taken a mere 6 months! (I've done this a few times)
I keep copies of the RCMP regulation pamphlets in my car and in my vaults. And I keep all of my ammo neatly stored on shelves and reloads in plastic ziplock bags which I 'file' in cardboard boxes.
I take my loose ammo to the range in a shooters bag with a reg pamphlet in the side pocket.
Never try to bash a cop over the head with the law. Assist his decisions with RCMP/CFC documentation.
