I know I'm opening up a can of worms again, but I'm abit lost in terms of classifying the 10/22 with an aftermarket barrel. With all this talk about these short barrels making your 10/22 restricted, I decided to look up the word of law in the Criminal Code of Canada.
My findings are consistent with all statements in this thread, that as long as the rifle is 660mm in over all length and not centerfire and semi-automatic, your rifle is not restricted.
Ref: Section 84 (1) "Restricted Firearms" para b. sub-para ii) and iii)
No problems so far.
sub para i) simply states that a restricted firearm is a firearm that is not prohibited.
Non-restricted firearms are neither restricted or prohibited.
So far so good.
HOWEVER, I noticed that there is a problem when it comes to prohibited classification:
Criminal Code Section 84. (1) "Prohibited Firearm" b. "a firearm that is adopted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that so adopted,
(i) is less than 660mm in length or
(ii) is 660mm or greater in length and has a barrel less than 457mm in length."
note :457mm=17.996 inches
Based on this, is it possible for a criminal prosecutor get you in the court of law by arguing that a 12" after-market barrel on a 10/22 which is by definition, an alteration if the firearm was not already at that length? Hard to say.
I know that 14" pump shotties can avoid this problem because they arrived at such a length at the factory where the firearm was assembled. However, it doesn't seem to be as clear cut if you had a registered 20'' barrel 10/22 and decided to modify/alter it with a 12'' aftermarket barrel. In the strict sense of the law, this would seem to make the rifle prohibited through alteration.
Are there any cases that have set prior or over-ruling precedence on this issue or am I missing something? Is there a clause or paragraph I'm missing somewhere that clearly says that after market 12'' barrel is not a category of "any other alteration" in section 84? This is the area that is giving me a great headache.
Until then I would probably get the CFC to reissue a certificate saying that its a non-restricted rifle with a barrel under 457mm. That way its there problem and not mine if it gets dragged to court.