LAR15 Pistol Mag in AR15 - ruling

There would be no claim for malicious prosecution or harrassment or discrimination. All of that requires intentional acts. The police officer arresting under such circumstances would be simply mistaken, which is not tortious.
 
Paul Morrison said:
There would be no claim for malicious prosecution or harrassment or discrimination. All of that requires intentional acts. The police officer arresting under such circumstances would be simply mistaken, which is not tortious.
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Translation: He's gets a pass, you get the shaft!
 
I'll be pleased when Mark from Questar posts the link..
(Mark, installed this morning quadrails freefloat, and placed my 5 LAR mags neatly in my case, thanks again)
 
I'd be inclined to politely tell him that since he knows who you are and precisely the markings on the magazine, he has time to do his homework on this issue, something that he obviously has not yet done. Provide him with a copy of the CFC printout on the Beretta and tell him he should talk to a Crown Attorney before laying any charge based purely on his incorrect speculation as to the state of the law.
 
I bet these mags would drive hime over the edge then. RRA 10 rounders stuck on a 30 round body.

CGN-AR-Mag3.jpg
 
Paul Morrison said:
There would be no claim for malicious prosecution or harrassment or discrimination. All of that requires intentional acts. The police officer arresting under such circumstances would be simply mistaken, which is not tortious.
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Damn, back to work :( - So ignorance of the law is only an excuse if you're not paid to be involved with it's administration?? In my profession if we screw up, we get sued, and it's off to E&O land, usually you also get a free competency hearing (actually only free if you're found not responsible - if you're guilty you pay for the hearing expenses) and a suspended license - woo hoo! If you're really (un)lucky you never get your license back. Maybe it's time Policing caught up with the rest of society. Incidently, we can also have our working licenses suspended for a roadside 24 hour driving infraction, which requires no legal proof on the part of the officer involved.
 
Ignorance is not an excuse to criminal liability. However, for intentional torts to be tortious, you actually have to intend to act tortiously.
 
Paul Morrison said:
Ignorance is not an excuse to criminal liability. However, for intentional torts to be tortious, you actually have to intend to act tortiously.
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What if he's merely reckless in laying the charge? How about if you provide him with the information from the Canadian Firearms Centre and he still arrests you?
 
LAR15 Magazine Ruling

Here is the link so you can download a copy of the Ruling issued by RCMP. This was the latest ruling that included both .223/5.56 and the 9mm magazines... issued in 2008, on RCMP letterhead, stating that both the LAR15 .223/5.56 and 9mm magazines were classified as legal 10 round pistol magazines.

Note that it also states that use of these magazines on any other firearm is not regulated... there are no regulations governing the use of the magazines or the firearm in which they are used... once they are deemed "legal" to hold 10 rounds then you can use them in whatever you like.

https://shopquestar.com/shopping65/q_images/LAR Pistol Mags Ruling 2008-06-18.pdf

Copies of that ruling were sent by RCMP to all provincial CFO's, CBSA, DFAIT, etc..

Mark
 
Right on

Questar said:
Here is the link so you can download a copy of the Ruling issued by RCMP. This was the latest ruling that included both .223/5.56 and the 9mm magazines... issued in 2008, on RCMP letterhead, stating that both the LAR15 .223/5.56 and 9mm magazines were classified as legal 10 round pistol magazines.

Note that it also states that use of these magazines on any other firearm is not regulated... there are no regulations governing the use of the magazines or the firearm in which they are used... once they are deemed "legal" to hold 10 rounds then you can use them in whatever you like.

https://shopquestar.com/shopping65/q_images/LAR Pistol Mags Ruling 2008-06-18.pdf

Copies of that ruling were sent by RCMP to all provincial CFO's, CBSA, DFAIT, etc..

Mark
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Thanks Mark!
 
What if he's merely reckless in laying the charge? How about if you provide him with the information from the Canadian Firearms Centre and he still arrests you?
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If you provide the information, and he still arrests you, you likely have a firm case in false arrest.

A case based on negligence is going to be very difficult to prove. You'd have to prove he had a duty of care to you (easy), what the standard of that care was (debateable), whether or not he breached that standard (debateable), that this breach of the standard of care caused the damages (easy), that the damages were not too remote (easy), and the actual losses caused by the negligent act (very nebulous, but some damage should be easy). Then you have to defeat any defences he might have (could be easy or hard depending on circumstances).

A negligence action is very difficult to prove. You are better off trying to prove intent.
 
Thank you very much Questar - that is exactly the type of documentation I am looking for!

Think of this scenario: An Alberta registered vehicle, requiring a licence plate on only the rear (not the front) might drive through another jurisdiction where the law requires a plate be placed on the front as well. It is possible that a confussed officer with a chip on the shoulder might empound the vehicle. Sure, eventually all would be resolved, but the inconveniences associated with the incident would be huge.
I understand using an LAR mag in a rifle is legal but some of us still want to carry documentation to back this up. How many threads on this topic do we have already? And how many posts in each? So when I say "prove to me this is legal" someone post Questars link and call it good - no need for a hundred posts of "its legal". If we keep the clutter down the information will be easier for everyone to find.
 
Thanks Questar, i was out with my XCR shooting the piss out of it in the country last week and i found myself wishing i had something i could have on me to explain the rules on the LAR-15 if i was going to get my balls busted.
Thanks.
 
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