Restricted Ownership Question
- Thread starter RayRay89
- Start date
FannyBayR1
CGN frequent flyer
- Location
- Comox Valley
In all honesty its a bit friggin insane!!!
Don't worry - that piece of paper will keep everyone safe !
I just got off the phone with someone from the Ontario CFO and they said that the requirement to be in possession of the certificate is a *federal* law, and cannot be exempted by a provincial CFO. So thumbs up to the BC CFO for thinking they're above the law.
Separately, the rep confirmed that the ATT condition is no form of exemption for carrying the certificate, and the transfer notification is not "good enough" for transportation anywhere, even store to home. I didn't say I was making the inquiry on behalf of people on the internet, so I had to sit through a lecture about how I "should know this all by now".
The rep said that to follow the letter of the law, your newly acquired firearm should sit with the seller until you receive your certificate in the mail, and only then can it be transported, provided you have the ATT by then as well. I said that's insane since the seller doesn't even possess a valid certificate during that period, and if they get searched, they're breaking the law. The rep said "That's also true. This is more or less an administrative process that isn't enforced unless there are extenuating circumstances behind why it's being investigated in the first place. That doesn't make any of it legal."
So as I've been saying, we're not going to jail, but:
- there is no magical exemption for a store to home trip
- the transfer notification is not a certificate for that one trip
- your ATT condition is not a certificate for that one trip
Well once again Ontario is the centre of the known universe. lol
Appreciate that you made the call - we can only provide info that we were given by the collective CFO's...... it would seem they are in disagreement with whatever they are interpreting.
It still does not explain how I can legally possess a restricted that has been mailed to me by a vendor before I am in possession of the registration paper for that gun. What you are saying is that every dealer who sends a gun via Mail/CanPar, whatever, needs to get confirmation from the Buyer that they are in position of the Registration papers before they send the gun....... sorry, I don't believe that - it is simply not being done.
All I will agree with is that you cannot take a restricted firearm from your place of residence without the Registration paper, which was the gist of the original question from the OP. The transfer paperwork that may come from the vendor does not permit it's transport to his range.
Appreciate that you made the call - we can only provide info that we were given by the collective CFO's...... it would seem they are in disagreement with whatever they are interpreting.
It still does not explain how I can legally possess a restricted that has been mailed to me by a vendor before I am in possession of the registration paper for that gun. What you are saying is that every dealer who sends a gun via Mail/CanPar, whatever, needs to get confirmation from the Buyer that they are in position of the Registration papers before they send the gun....... sorry, I don't believe that - it is simply not being done.
All I will agree with is that you cannot take a restricted firearm from your place of residence without the Registration paper, which was the gist of the original question from the OP. The transfer paperwork that may come from the vendor does not permit it's transport to his range.
FannyBayR1
CGN frequent flyer
- Location
- Comox Valley
That is correct and exactly what the CFO told me.
And if you look in the thread in the Legalese section about the guy being charged with possession of a prohibited device, his lawyer submitted an argument of "well if it's illegal, why did the store allow the purchase" and the prosecutor replied "that is not a valid legal defence" so, again, just because stores allow something does not make it legal.
As for the original question, the transfer paperwork doesn't allow transport from the store to home either. But we're allowed to do it by a lack of enforcement. You have to understand that you're taking a risk if you happen to be stopped by a cop looking to advance his career. When a cop, who is uneducated in firearms law and common practise, only has the law text to reference, they're going to find you in contravention of the law. And you won't be able to say "but this thread on CGN said I was allowed to bring it home from the store"
