Hello...needing a little advise

I don't know how you guys don't understand this
Its either "In use" or "stored" or "transported.

Not any combination of the 3.

If I pull my gun out right now and dry fire/ take apart/ fiddle with it. ITS IN USE. If I slap it into my hip holster and walk to the kitched to make a sammich. ITS IN USE. If I put it down on my desk and walk to the kitched. ITS IN STORAGE. Why? BECAUSE ITS NOT IN USE. Hence it must follow storage laws; argue all you want but if cops kicked down your door and your gun was in a different room. No matter how you argued your getting hit with storage regs.
 
Ftaview said:
sorry it don't wash with me, and especially if they have children in the house, a disaster waiting to happen ...

... 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......
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Yeah, because everyone knows that restricted firearms are way more dangerous in the home than non-restricted firearms! :HR:
 
Gosh. The OP already explained the incident, admitted they made a mistake and accepted the legal consequences. Why do we need to rub their faces in it?

The guns were NOT left lying around and there were no children involved, which was explained for the people who took the time to read the whole thread before they started playing crown prosecutor.
 
ColassalEntry said:
I don't know how you guys don't understand this
Its either "In use" or "stored" or "transported.

Not any combination of the 3.

If I pull my gun out right now and dry fire/ take apart/ fiddle with it. ITS IN USE. If I slap it into my hip holster and walk to the kitched to make a sammich. ITS IN USE. If I put it down on my desk and walk to the kitched. ITS IN STORAGE. Why? BECAUSE ITS NOT IN USE. Hence it must follow storage laws; argue all you want but if cops kicked down your door and your gun was in a different room. No matter how you argued your getting hit with storage regs.
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i partially agree with you but what your saying is if iam cleaning my pistol ,hear a knock on my door,leave pistol on my cleaning mat in my gun room go and answer my door and it happens to be police,they are gonna charge me for unsafe storage,if this were to happen i would think there grasping at straws,but would explain why our courts are all back logged and the tax payer is paying through the nose for police and court services,police need to learn to deal with things more on a street level if the op was polite and the guns were discoverd without the trigger locks but in a locked case ,with trigger locks present they could have simply reminded the people that they must have said locks on the firearms and leave it at that,but instead they choose to make examples out of every little incident they find and in some cases ruin lives over it,what ever happend to all the level headed police anyways.
 
angrysoldier said:
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.
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well if you got proper class on your pal why dont you report it stolen and then tell the rcmp you suspect the police force and in particular the officer that took it from you as suspect of being in possession of it you never know you may get it back
 
glock_girl welcome. :wave:

What a frustratingly stupid thread. :slap: I can't believe that so many here can't get there heads around what's done is done -'Hey, lets give legal advice on an already settled court case'. WTF? :confused:

I hope you get your guns back or, at least, their value - somehow.
 
vviking said:
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.
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Hello and thank you for the welcome to the board. I'm sure there's good and bad with everything - you are a great example of the good :) Thanks for the advise, and I will check into the NFA.
 
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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Hi. No - did not own a physical "gun" safe at the time. The guns were in a room that could be locked (a den) and in a locked carrying case inside a closet. So the room though wasn't locked at the time.

As for having a problem with unsafe storage charges - I certainly agree with you. One of my biggest arguments when the guns were taken, is we have no kids, both of us are licensed, and although that room with the guns wasn't locked - our home was locked. So any entry into our home would've been unlawful.

It seems to be a very gray area law wise as I was able to have all charges against myself dropped, in exchange for my husband entering into a plea regardless of the fact that one gun was in my name, and one gun was in his name.

Clearly the crown and judge can play with outcomes. Also with withholding the guns, if the police could destroy them, I'm sure they would. It seems certain between the police and my lawyer, the guns will come back, it's just a matter of how long I have to wait.

thanks for your post.
 
smokechecker said:
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!!
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I thank you for the welcome and the excellent response. I didn't come to this board to provoke senior members into berating me for something I clearly acknowledge was a serious error in judgement. What I was looking for, was exactly what you posted.
Mr. Berlow is actually the lawyer I'm looking to either help with an appeal the outcome of this situation, or see if there's any way of rectifying this matter with the police holding the guns. I'm glad that name comes to mind with yourself. I've already left a message for him Friday -and will try again this Monday.

I'll advise on the outcome when I know. Thank you again.
 
jethunter said:
Gosh. The OP already explained the incident, admitted they made a mistake and accepted the legal consequences. Why do we need to rub their faces in it?

The guns were NOT left lying around and there were no children involved, which was explained for the people who took the time to read the whole thread before they started playing crown prosecutor.
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Hi Jethunter - A comical response and appreciated. Thanks.


Fall Guy - thanks for the welcome. I'm hoping for the same. If I can't get them back physically, then hope I can get a credit from selling them from where bought in first place, and when resolved, I'll probably just go non-restricted for a bit after this. In light of everything, maybe going non-restricted would be best for a bit, until I get a handle of things properly and then get back a glock. Thanks.
 
Hey glock girl..Ive read all the posts and welcome you with "open arms".

We all have our share of problems and I appreciate youre honesty.:)

So... welcome aboard and looking foreward to some great posts from you on youre target shooting.:D

Ps.. I grew up in Wainfleet,... not far from where youre at.;)
 
Welcome Glock_Girl. I have read the thread, and yeah, you and your husband took a long hard one from the 'Law'. We all makes mistakes, and so long as you learn from them, no harm no foul imo.

Oh, and I love your sig btw! :)
 
Wtf, all this time i thought you can keep you firearms and ammo in your safe without gun locks on the firearms.

i always thought aslong as the gun is unloaded and in the safe no trigger lock is needed.
 
Wow, this site certainly has quite a few experts on the laws of search and seizure. I love the internet.

At this point, from what glock_girl has described, the courts have determined that her property can be returned to her. The police aren't doing so. That's not right.

Good luck glock_girl. I suggest you not waste any more time defending yourself from those on this forum who seem to have showed up for a pillorying.
 
One thing that seems very strange about the storage of firearms is that they must be locked up, in a locked room or cabinet. Shouldn't the fact that the guns were in a LOCKED house with locked windows in a locked room and only accessible by two licensed owners be enough? That's just my opinion though.
 
Tazzy said:
One thing that seems very strange about the storage of firearms is that they must be locked up, in a locked room or cabinet. Shouldn't the fact that the guns were in a LOCKED house with locked windows in a locked room and only accessible by two licensed owners be enough? That's just my opinion though.
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that was yesterday.......they change the rules like my wife changes shoes.....didn't you get the memo?:eek::bangHead:
 
Hi everyone. Just to update you on what's going on with the guns.

the firearms officer has been in touch with me and left a message on my machine, and the guns will be released to me - however on condition - they will not allow them to be stored in my home due to my husbands conviction. I will be calling him to find out about my license - as I'm concerned they will try to pull a fast one and not allow my license back either saying that I can then use my license to buy another gun - even if it's non-restricted.

So, right now I'm looking for a place to store them. If anyone has ideas for storage - ideally Hamilton/ Niagara area, can you please advise.

I will continue to keep you posted on what goes on with the situation.

thanks everyone for all your help and the welcome
Kathy
 
glock_girl said:
Hi everyone. Just to update you on what's going on with the guns.

the firearms officer has been in touch with me and left a message on my machine, and the guns will be released to me - however on condition - they will not allow them to be stored in my home due to my husbands conviction. I will be calling him to find out about my license - as I'm concerned they will try to pull a fast one and not allow my license back either saying that I can then use my license to buy another gun - even if it's non-restricted.

So, right now I'm looking for a place to store them. If anyone has ideas for storage - ideally Hamilton/ Niagara area, can you please advise.

I will continue to keep you posted on what goes on with the situation.

thanks everyone for all your help and the welcome
Kathy
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I'm not a lawyer, but I guess it all depends on what the specific conditions
of your husbands prohibition.

I've read elsewhere on the board here, if you store locked/secured and your
husband does not have access (codes etc) that it is legal. Once again it depends
on the wording of the ban.

Get your lawyer involved and working for the money you pay him/her.

Don't let the local cops make up the rules.
 
Lumpy said:
I'm not a lawyer, but I guess it all depends on what the specific conditions
of your husbands prohibition.

I've read elsewhere on the board here, if you store locked/secured and your
husband does not have access (codes etc) that it is legal. Once again it depends
on the wording of the ban.

Get your lawyer involved and working for the money you pay him/her.

Don't let the local cops make up the rules.
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All I know of the prohibition is no guns for 3yrs. Judge told him not allowed to own one...not allowed to touch on. Wish I knew anything more on specifics to that matter, but the lawyer has the paperwork.

I agree about the local police, and was really hoping the idea of 'not sharing' combo for a safe would be acceptable by police. For now though, I just want those guns away from Police, and back in safe hands with a gun store or gun club.

Found one in Hamilton so far - Al Simmons. Price to store is fine. Just waiting to hear back from gun club I got them at. Rather them there, so I can continue to shoot... oh an shoot a lot I would...lol

I just dont want to be forced into any 'limitations' for 3yrs when cleared of everything, so watching for the cops to have me sign something last min.

Still, I'm young so more concerned with these back to myself then not at all. The time will pass fast.

TY again
 
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