Hello...needing a little advise

Lumpy said:
If you are STORING your firearm not in a safe. You must have a trigger lock or disabling device on the firearm. Firearm needs to be in a locked container. Basically the same way you would transport a restricted.
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That's funny, because the law doesn't even use the word "trigger lock" when it talks about the storage of restricted firearms. Who told you otherwise?

Storing, Transporting and Displaying Firearms

If so many Canadian firearm owners are too lazy to even bother reading up on legal storage and transport requirements as this thread indicates, we are in big trouble. No freakin' wonder the liberals want to take our guns away with such incompetency running so rampant among us.

I'M STILL SCARED.
 
I had an fn fal seized by the police in 92. long story. every time there was a muder/ gun case in halifax my gun was in the paper. for s%its and giggles i went to the hpd in 2003 and asked about MY gun. the police told me that there is no record of it ever being seized. the cfc tells me i still have it. dont trust ANYONE when it comes to your guns.
 
Skyhawk said:
That's funny, because the law doesn't even use the word "trigger lock" when it talks about the storage of restricted firearms. Who told you otherwise?

Storing, Transporting and Displaying Firearms

If so many Canadian firearm owners are too lazy to even bother reading up on legal storage and transport requirements as this thread indicates, we are in big trouble. No freakin' wonder the liberals want to take our guns away with such incompetency running so rampant among us.

I'M STILL SCARED.
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Please read and read carefully

you are correct they don't use trigger lock but they do say "a secure locking device"

taken from your link

Restricted and prohibited firearms

* Attach a secure locking device so the firearms cannot be fired and lock them in a cabinet, container or room that is hard to break into; or
* Lock the firearms in a vault, safe or room that was built or modified specifically to store firearms safely.
* For an automatic firearm, also remove the bolt or bolt carrier (if removable) and lock it in a separate room that is hard to break into.
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I think I am the one who needs to be scared, if this is not clear to the firearms owners out there....

this of course is a moot point, if I didn't read your comment correctly
 
Ftaview said:
Please read and read carefully

you are correct they don't use trigger lock but they do say "a secure locking device"

taken from your link



I think I am the one who needs to be scared, if this is not clear to the firearms owners out there....

this of course is a moot point, if I didn't read your comment correctly
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My sincere apologies. Obviously I do have a reading comprehension problem. :redface:

But the good news is since my restricteds are locked in a safe, there's nothing to be scared of! :D
 
glock_girl said:
Hi Jim.

The lawyer I had was an ex-crown, and no cheap. I'd like to think he did the best he could. Like you, I brought the matter of the guns up right away, and way told it didn't matter if not on the warrant.

If someone here is really a lawyer, then they might see something myself, or the lawyer didn't.

But to suggest it a search for computers would mean police turn a blind eye to having found unsafe guns, or drugs? Regardless what a warrant says, is a crime not a crime?

Its like a cop letting an impared driver go, bcause he only pulled him over for speeding.
well myself i would never trust an x crown attorney remember they use to represent the police in court so they like the deal making things gives them a win with little fight why do you think the crown in your case offered a deal in the first place ,cause they had no case and to compare a issue with a warrent and a speeding drunk driver is 2 very diffrent cases first they have every reason to pull you over for speeding what you get caught for after that is a free bee for them but a warrent they are actually going to a judge and asking permission to search your place so 2 very diffrent situations
Problem is, even if you're right, its now all done. The lawyers, the fees, the court and judgement. If grounds for appeal, then I might try that once talking to a lawyer who deals mainly with guns this week.

As for not telling the whole story: No threats online. It was a family dispute, and a member alleged videos making fun of them and other 'pranks' were harassment. An IP pinned the computers, but a lack of 'who was responsible' saw the charges dropped. Thats it.
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well myself i would never trust an x crown attorney remember they use to represent the police in court so they like the deal making things gives them a win with little fight why do you think the crown in your case offered a deal in the first place ,cause they had no case and to compare a issue with a warrent and a speeding drunk driver is 2 very diffrent cases first they have every reason to pull you over for speeding what you get caught for after that is a free bee for them but a warrent they are actually going to a judge and asking permission to search your place so 2 very diffrent situations
Problem is, even if you're right, its now all done. The lawyers, the fees, the court and judgement. If grounds for appeal, then I might try that once talking to a lawyer who deals mainly with guns this week.
 
Umm... thanks guys.

Gosh, usually it's just my wife who makes me feel like such an idiot on occasion. I bet even our poor downtrodden glock_girl is laughing at me. Anyway, I hope she gets possession of her glock back. If not, I suggest that she just buy a nice 1911 ;)
 
Glock Girl,
Not suprising that you snagged the odd intolerant or self rightious member with a 1st introductory post containing as much real world drama as yours. Don't be put off CGN just 'cause the preachers have mounted their soapbox. There's one in every crowd.

You and Hubby are shooters, and we all need to meet the challenges of Canadian firearms ownership together.

From where I sit, you sound an intelligent, honest, good natured person, caught in the giordian knot of the F.A..

If you haven't already, I suggest you join the NFA, and ask for advise there.

This too, will pass.
:welcome: to CGN ..... a lot of good folks here.
 
vviking said:
If you haven't already, I suggest you join the NFA, and ask for advise there.
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Definitely. We pay our membership and extra donations in order to support their lawyers to represent us in need right? So they can step up to the challenge and go for it.
 
I know that they were in locked cases, but did you also own a safe, or have a secure room thatthey could be locked in? The reason I'm asking, is because I have an issue with unsafe storage charges. Here is an example of what I mean:

Say you were out shooting in the morning, came home intending to clean your guns before you went to bed, so you left them out of the safe with trigger locks off in your own home while being present. How can that be unsafe? I would understand if you left them on your counter and went to the mall or to bed for the night but if your awake and home, don't you have the right to have them out?

How can guns be considered unsafely stored in the home of two licensed firearms owners? What if you were just practicing muzzle control dry firing against a wall when the cops showed up?

Could they charge you for unsafe storage? You only have three legal places to have your guns out. Home, range, or gunsmiths. I would try to go after the cops for breech of contract breech of performance or something to that affect.

If you join the nfa/nra they have a referral network of lawyers that may be able to help you. Good luck.
 
^^^^^

Let's not make up excuses.....


they had no safe, no safe room, no secure locking device on the firearms, they were not cleaning them, dry firing them, or playing cops and robbers, and if you leave them out for the night and go to bed, and not store them properly, well you did not learn anything at your firearms course, and personally you should think about a new hobby, one that if you don't follow the rules and regulations won't put you in a position to be in jail

The cops really did not do anything wrong, maybe they did, but the one thing for sure is the OP did something wrong
 
^^^^^^
C'mon Fta, back it off a notch.

Are you really suggesting a couple of new shooters should fry in hell for a victimless, paper,
infraction of the far from perfectly clear F.A.??.

These people have taken it on the chin and made no excuses.
I don't see them sniping at the less than perfect others, from a lofty perch.


Ftaview said:
^^^^^

Let's not make up excuses.....


they had no safe, no safe room, no secure locking device on the firearms, they were not cleaning them, dry firing them, or playing cops and robbers, and if you leave them out for the night and go to bed, and not store them properly, well you did not learn anything at your firearms course, and personally you should think about a new hobby, one that if you don't follow the rules and regulations won't put you in a position to be in jail

The cops really did not do anything wrong, maybe they did, but the one thing for sure is the OP did something wrong
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vviking said:
^^^^^^
C'mon Fta, back it off a notch.

Are you really suggesting a couple of new shooters should fry in hell for a victimless, paper,
infraction of the far from perfectly clear F.A.??.

These people have taken it on the chin and made no excuses.
I don't see them sniping at the less than perfect others, from a lofty perch.
Click to expand...

your kidding right ?

sorry but a couple of new shooters should have it all nice and fresh in their minds about all the rules and regulations, hell they are new to it all, they have not had time to get complacent.

now my remarks were not all directed at the OP, but some were at the others here posting, that it's OK to have firearms just lying around the house because it was a long day and I didn't feel or I forgot to put them away properly....

sorry it don't wash with me, and especially if they have children in the house, a disaster waiting to happen

typically how you do things today, is how you will do things tomorrow

and if you think that some of the comments made about unsafe storage are OK, well don't ask me to go their for lunch.....



I am mostly referring to Restricted Firearms, as this was the type that got them in trouble, non restricted firearms have a different set of rules, and had their firearms been non restricted they would have had no issues......
 
Fyi, I have kids whom I feel are too young to even know that I have guns 5&2. Mine are always locked up in a safe and out of site.

Not to make excuses, but My last post was posted while reading page 3. I have since learned that they did not have a safe. My questions were geared for someone with a proper safe or cabinet.

But it does not change my questions which you never answered. Here they are again :

1. If your home with your guns out how is that considered unsafe if your sober and awake in a home of two adults alone with no children.

2. Do we not have the right to have our guns out in the home?

My problem is the charge of unsafe storage on two people home in the presence of their guns. Like I wrote before, It was not like they left them out while they were asleep or at the mall, they were home.

knowing what I know now, they did screw up. but who among us hasn't? But if were I just finished cleaning my gun, washed my hands, decided to have a bite to eat before putting it away in my safe? Am I now in your opinion now at risk of loosing my gun?

Legally is it not in one of the legal places that my att says it can be?
 
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1 - if your not doing something with your guns, then they should be stored properly, unfortunately were are not in the US where we can leave our guns lying around where and when we feel like

2- yes we do, but only if your doing something with them, cleaning, dry fire, fondling etc..

and if you just finished cleaning your gun, why not put it away properly first, before you have that sandwich, get your hands all oily and then your going to put the gun away,,,kinda defeated the purpose of cleaning it....

Hey I ain't no fuddddd, but I don't believe in giving anyone an excuse to take away my toys and screw up my hobby

your mileage might vary
 
Is having the gun out for personal protection legal?
That's a rhetorical question, I'm just annoyed....
 
Welcome Glock_Girl and as well to New_and_novice. Don't you just loves the fudds when they start pounding the pulpits?:puke:

Let's begin with your lawyer; he's Ex-Crown......Do you know why sharks don't eat prosecutors? Professional courtesy. You said you were looking up a new legal eagle? Try Ed Burlew LLA. He's on retainer to the CSSA (get a membership).

Storage: Locked/secured so firearm is NOT readily accessible and not loaded. Nowhere do the regs state that the firearm has to be in a safe although you could have purchased a small lockbox for them.
The alternative is "in constant care and control" which means you can wonder around the house all you want with your Glock on your hip and the cops can't do a thing about it as long as it is not loaded, meaning a magazine in or in contact with the gun. You can have a loaded mag in your back pocket if you want just as long as the gun is not loaded. Careful though!! If a police officer comes to your door they may draw on you. Let them know in advance and let them disarm you. They HAVE to give your gun back to you before they leave.

The law clearly states that police can only search for what is on the warrant. If the guns were not part of the warrant, then they were in violation of the criminal code and firearms act. They cannot even show up unannounced demanding to see your guns. You can turn them away, but be warned they may have a gun grabbing judge on speed dial who would allow any excuse to write a warrant to search your home and tear it apart JUST TO MAKE A POINT!

A good place to look for advice would be canadacarry.org

Good luck in your fight!!
 
new and novice said:
I know that they were in locked cases, but did you also own a safe, or have a secure room thatthey could be locked in? The reason I'm asking, is because I have an issue with unsafe storage charges. Here is an example of what I mean:

Say you were out shooting in the morning, came home intending to clean your guns before you went to bed, so you left them out of the safe with trigger locks off in your own home while being present. How can that be unsafe? I would understand if you left them on your counter and went to the mall or to bed for the night but if your awake and home, don't you have the right to have them out?

How can guns be considered unsafely stored in the home of two licensed firearms owners? What if you were just practicing muzzle control dry firing against a wall when the cops showed up?

Could they charge you for unsafe storage? You only have three legal places to have your guns out. Home, range, or gunsmiths. I would try to go after the cops for breech of contract breech of performance or something to that affect.

If you join the nfa/nra they have a referral network of lawyers that may be able to help you. Good luck.
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everything you say makes perfect sense to store something would imply you were not in attendance with it there really is no law that says we cant sleep with our gun under our pillow it is illeagel to load it however,iam not a lawyer but i would be using this as an argument in court for sure,nothing saying you guys were not just finished cleaning them and hadent finished storing them,before the police got there,you could have had them sitting on the coffee table while you watch tv.and the police come in and there really is not anything they can say or do but they will try
 
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