Restricted storage question?

I just bought Capri Insurance through Firearm Legal Defense (sight sponsor top of page)... I don't care now. I called them and described my storage solution and I comply with the law as I understand it. If my storage solutions are contested, I send in the Lawyers. For $100 / yr it's piece of mind. I spend that in gas, range fees, and ammo in one day at the range!
 
If you read the case law a few pages back you will notice that the judge found the school locker to be a safe because it’s made of steel. So steel cabinets from crappy tire made by stack on should be a safe etc etc.
The cabinets from ikea made out of wood is considered a cabinet, not a safe. Wooden or plastic foot lockers same thing.
Makes sense to me. However I own a liberty gun safe that no one will argue isn’t a safe.
 
A safe is a safe is a safe. A carrot is a carrot.

The judge presiding over the Harry Barnes case disagrees with you and their opinion is much more important than yours because it sets a legal precedent.

[22] I find that the cabinets in which the defendant's prohibited firearms were stored fall within the definition of a· safe. Both ofthe lockers in which the prohibited firearms were stored were made of steel. Each cabinet was securely locked: one by a key and a padlock; the other by a locking system that uses a key to unbolt rods in the door from the frame of the unit. Indeed, despite their disagreement on other issues, the Crown and the defence expert both accepted that the units were securely locked. The Crown has not proven beyond a reasonable doubt that there was non-compliance with the regulation. The charges are dismissed.

I keep hearing people say that those who defend the cabinet as a safe position are wrong, trying to be lawyers or misinterpreting the written law etc. I think they're just trying to educate some on the current legal precedent set by the aforementioned case.

And the end of the day you have two choices. Put trigger locks on them anyway or don't and possibly (although not likely) defend your decision.
 
The judge presiding over the Harry Barnes case disagrees with you and their opinion is much more important than yours because it sets a legal precedent.

[22] I find that the cabinets in which the defendant's prohibited firearms were stored fall within the definition of a· safe. Both ofthe lockers in which the prohibited firearms were stored were made of steel. Each cabinet was securely locked: one by a key and a padlock; the other by a locking system that uses a key to unbolt rods in the door from the frame of the unit. Indeed, despite their disagreement on other issues, the Crown and the defence expert both accepted that the units were securely locked. The Crown has not proven beyond a reasonable doubt that there was non-compliance with the regulation. The charges are dismissed.

I keep hearing people say that those who defend the cabinet as a safe position are wrong, trying to be lawyers or misinterpreting the written law etc. I think they're just trying to educate some on the current legal precedent set by the aforementioned case.

And the end of the day you have two choices. Put trigger locks on them anyway or don't and possibly (although not likely) defend your decision.

In life you have the choice of choosing your path, all my life i did choose the path that was the safest one even if it cost me more, i won't change less money for more troubles.
 
There are a few kinds of legal precedents. I’m not a lawyer but a quick google search will show that not all precedents are upheld. Some can be overturned.

Especially the argument that being made of steel and being key locked or padlocked qualifies a container to be a safe. Obviously the judge is clueless about what a “safe” is. Perhaps the law should be more specific in terms of the steel alloy, heat treatment or thickness of materials used to build a “Gun safe” or school gym locker.

IMO, that judge is not qualified to determine what is a “safe” and what isn’t in the context of secure containers for gun storage as stated in the statute.

I’m pretty sure a half decent prosecutor can easily defeat a defense lawyer who will use the above decision as a precedent.

My safe has a label that specifically says it’s a gun safe. It’s built from steel sheet that’s specified in millimeter thickness, not in gauge number. It has a way more substantial locking system than a school gym locker with padlock tabs. If any prosecutor denies its a proper safe, he will have an enlightening discussion with Costco lawyers.
 
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...if you want to gamble on one provincial court judge's definition.

The Act itself says "safe" not "cabinet".

I'm not a gambling man and I wouldn't want to foot the bill testing that definition in front of a second judge. Best of luck with that.
First off it was not a provincial court judge. The ruling came down from a Superior Court Justice. A world of difference between the two.
 
I just bought Capri Insurance through Firearm Legal Defense (sight sponsor top of page)... I don't care now. I called them and described my storage solution and I comply with the law as I understand it. If my storage solutions are contested, I send in the Lawyers. For $100 / yr it's piece of mind. I spend that in gas, range fees, and ammo in one day at the range!

I sign up every year! Like you say for a 100$ it's worth it, can't even go for dinner and a few drinks for 100$ these days
 
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One thing about the law is that the courts will always look at the reasonableness of one’s actions. As in when faced with similar circumstances or decisions, what would a reasonable person do?

If one decides that a tin biscuit can with a padlock qualifies as a safe, then the court will decide on that basis.

If one decides to build his gun room with 28 inches of nuclear grade concrete walls with 12 inch armour plate steel bank vault door, then the court will also decide on that basis.

Neither sound reasonable to me but then I’m no judge.
 
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