Hornady - RAPiD Safe Night Guard

Have you ever heard of mens rea? If something is called a safe and you think its a safe why would you be prosecuted under some technicality?

Have you ever heard of "strict liability" and "absolute liability"?

The law:

86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

Contravention of storage regulations, etc.
(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.


Charges under 86(2) ("improper storage") are strict liability. There's no mention of "without lawful excuse", or "reasonable". It's like running a red light. You either did it or you didn't.
 
Have you ever heard of "strict liability" and "absolute liability"?

The law:

86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

Contravention of storage regulations, etc.
(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.


Charges under 86(2) ("improper storage") are strict liability. There's no mention of "without lawful excuse", or "reasonable". It's like running a red light. You either did it or you didn't.

So what defines a safe then? Either its a safe or it isn’t. Would a reasonable person think something sold as being a “safe” is a “safe”. What would a person be guilty of? How is it unsafe?
 
So what defines a safe then? Either its a safe or it isn’t. Would a reasonable person think something sold as being a “safe” is a “safe”. What would a person be guilty of? How is it unsafe?

Don't take this as legal advice, as I am not qualified to give you that. However, in case law in the past the courts ruled that a "safe" is a "safe" if its advertised as a safe and this definition is generally accepted. During the course of trial that set this precedence, evidence used to proof the safe is a safe (even if its clearly a flimsy box) was that the item in question, the safe, was traced back to the manufacture description in which the manufacture advertised that the item was a safe and therefore in the eyes of law it is a safe.
 
Don't take this as legal advice, as I am not qualified to give you that. However, in case law in the past the courts ruled that a "safe" is a "safe" if its advertised as a safe and this definition is generally accepted. During the course of trial that set this precedence, evidence used to proof the safe is a safe (even if its clearly a flimsy box) was that the item in question, the safe, was traced back to the manufacture description in which the manufacture advertised that the item was a safe and therefore in the eyes of law it is a safe.

No it was not

It was ruled that if it is metal and locks its a safe under the firearms act. There is nothing about what it is sold as, marketed as or manufactured as a safe. In the case the "safe" in question was a modified school locker

Ruling was metal and locks, that's it

Shawn
 
How many cuts did they have to do to edit out all the times it smoked the self’s or their bed buddy with that 12gauge lol.

I never thought about it but I can see myself getting hit in the face with my own gun with this setup. Or my wife accidentally pushing it in her sleep with the same end result lol
 
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