Transporting a pistol

[shawn]

The law says that you can not open a case containing restricted firearms while being transported from your home to the range

Nope, post the section of any act that says that

Also, a cop can not change that law, he can only enforce it.

You are correct, but you need to know what the law is if you plan on telling the police how to do their jobs.

Person acting at direction of public officer
(10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

(a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and
(b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-9.html#docCont

Also the legal defense of entrapment:

The Supreme Court of Canada developed the doctrine of entrapment in three major decisions: R. v. Amato, [1982] 2 S.C.R. 418, R. v. Mack, [1988] 2 S.C.R. 903, and R. v. Barnes, [1991] 1 S.C.R. 449. There are two different forms of entrapment in Canadian law.

The first type of entrapment, "random virtue testing", occurs when the police offer an individual the opportunity to commit a crime without reasonable suspicion that either that individual, or the place where that individual is located, is associated with the criminal activity under investigation. If police do have such a reasonable suspicion, they are still limited to providing only an opportunity to commit the offence.

The second form of entrapment occurs when the police go beyond merely providing an opportunity to commit an offence, and instead actually induce the commission of the offence. Some factors a court may consider when deciding whether police have induced the offence include the type of crime being investigated, whether an average person would have been induced, the persistence and number of attempts made by the police, the type of inducement used (e.g. fraud, deceit, reward), and the existence of expressed or implied threats.

The question of entrapment is only considered after there has been a finding of guilt. If, after finding the accused guilty, the court determines that the accused was entrapped, the court will enter a judicial stay of proceedings. In effect, this is similar to an acquittal.

So bottom line is if they tel you to open it, open it.

Comon guys, if you dont know the law dont post about it.

Shawn

 

[trebor2880]

There isn't a cop in the entire country that is going to charge you for opening the case to remove your paperwork. As long as you are up front and tell him that it is in the case and you will need to open it to provide him/her the papers.

Totally agree. Some folks just worry too much.

 

[plinker 777]

X2 for Shawn's comment. I was pulled over in a speed trap with a trunk full of guns and ammo, the cop asked me where I was going...so I told him {by the way, don't do this} "on my way to the gun range"
Long story short, the young cop just about sh!t his pants {probably never dealt with this type of thing before} and lucky for me the Supervisor was on scene {it was a speed trap after all}. The cops wanted to see what I had and that is was being transported safely, and yes the ATT was in the pistol cases {1 copy in each case}. I didn't think this was the time to refuse to open the cases as they directed me to do so. So I complied, they quickly realized that I wasn't some G Unit d!ckhead and they sent me on my way. The Supervisor said " I know you're not out here with the intent to hurt anyone, have a good day brother"

Yea, "brother"! I sh!t you not!

 

[S.J.]

Hi
Just a thought, hand the Cop the key if you get stopped and he wants to check the firearms and let him open the case and then you would not be violating any laws. I am really sure if you told him you would not open the case he or she would probably seize them to check them out at the police station. This is judt my thoughts on the subject.


Graydog

If you can not produce the required documents without opening the case, they will seize them.
Because, even a cop can't open that case, he or she would have to be a firearm inspector to open that case. Just ask them to follow you to the range where you will open the case for them to see, and if you are lucky enough to get a nice cop he or she may do that for you.

 

[plinker 777]

If you can not produce the required documents without opening the case, they will seize them.
Because, even a cop can't open that case, he or she would have to be a firearm inspector to open that case. Just ask them to follow you to the range where you will open the case for them to see, and if you are lucky enough to get a nice cop he or she may do that for you.

Nope...seize WHAT! For the Police to seize property, a warrant is required, signed by a Judge. As Canadian Citizens we still have some rights.

 

[redcrew71]

Nope...seize WHAT! For the Police to seize property, a warrant is required, signed by a Judge. As Canadian Citizens we still have some rights.

wow...some nervous people. I was taught keep a copy in the gun case. another thought...if your gun every gets separated from you...how the heck they going to know who it belongs to if found. hope it never happens...but seen worse.

this wallet thing is bs. I have too many things in my wallet to worry about permits.

 

[shawn]

If you can not produce the required documents without opening the case, they will seize them.
Because, even a cop can't open that case, he or she would have to be a firearm inspector to open that case. Just ask them to follow you to the range where you will open the case for them to see, and if you are lucky enough to get a nice cop he or she may do that for you.

You really need to stop posting, as you clearly have no idea what you are talking about.

But I will play this game if you like.

So post up the supporting sections of any acts that give the police the ability to do any of this retarded stuff you claim will happen. I know its an exercise if futility as I have already destroyed your BS by posting section 25.1 (10) of the criminal code.

This should be good.

Shawn

 

[plinker 777]

 

[Jonny_Cannon]

You might as well save yourself the hassle and buy yourself a big double-rifle case with provisions for locking, because, you will end up buying a whole whack of pistols and will kick yourself for spending over $100 on a case that only holds three guns and you want to go to the range with six.

Because I know a guy...

Cannon

 

[wayupnorth]

i love going to the range with a rifle case with 10 pistols all lined up in it.
it turns a couple heads.

 

[plinker 777]

i love going to the range with a rifle case with 10 pistols all lined up in it.
it turns a couple heads.

Turns heads! You should have seen the young cops eyes!

 

[BenL]

Bad advice. Never lock your PAL, ATT, or registration in with your firearms when transporting them.
Because, if you get stopped by the Cops on your way to the range you'll be up a creek without a paddle. You will not be able to prove that you have an ATT, PAL, or registration, because you can not open the case to get at them. If you do, you are in violation of the transport laws. You can only open that case at your house or inside an approved shooting range. Keep them somewhere you can get at them without opening any case that contains restricted firearms.

What the f@%k are you talking about??

If a LEO asks to see the paperwork and there are in your locked case, open the case. Still don't want to open the case yourself, give em the case and tell him to open it himself, even go as far as to tell him to do so in his own patrol car if you're that worried.

LEO's aren't out to get you and entrap you into doing something illegal.

The fear mongering is strong in this one.

 

[S.J.]

What the f@%k are you talking about??

If a LEO asks to see the paperwork and there are in your locked case, open the case. Still don't want to open the case yourself, give em the case and tell him to open it himself, even go as far as to tell him to do so in his own patrol car if you're that worried.

LEO's aren't out to get you and entrap you into doing something illegal.

The fear mongering is strong in this one.

Restricted firearms must be kept in a locked container when being transported from your home to the range or to any other authorized destination. That is the law. If you get pulled over by the Police on your way to your final destination, your firearms are still in transport when you are sitting on the side of the road talking to the Police, and they will remain in transport until you reach the final destination stated on your ATT.
Since the law clearly states that restricted firearms must be locked in a container during transport, the Police can not change that law and open your case, they can only enforce the laws as they are written.
So if you need to open your case to get at any documents asked for by the Police, and if the Police saw you open it, he or she could according to the letter of the law charge you with braking the transport laws. While most Police officers are nice people, there are some who are not so nice and are looking for this type of situations.
You want to call this fear mongering, be my guest, at least what I said will not get people in trouble, on the other hand, you telling people on this forum, it's ok go ahead and open your case with restricted firearms while being transported could get them into trouble with the law.

 

[shawn]

Restricted firearms must be kept in a locked container when being transported from your home to the range or to any other authorized destination. That is the law. If you get pulled over by the Police on your way to your final destination, your firearms are still in transport when you are sitting on the side of the road talking to the Police, and they will remain in transport until you reach the final destination stated on your ATT.
Since the law clearly states that restricted firearms must be locked in a container during transport, the Police can not change that law and open your case, they can only enforce the laws as they are written.
So if you need to open your case to get at any documents asked for by the Police, and if the Police saw you open it, he or she could according to the letter of the law charge you with braking the transport laws. While most Police officers are nice people, there are some who are not so nice and are looking for this type of situations.
You want to call this fear mongering, be my guest, at least what I said will not get people in trouble, on the other hand, you telling people on this forum, it's ok go ahead and open your case with restricted firearms while being transported could get them into trouble with the law.

LOL LOL LOL LOL LOL LOL LOL

Are you going to back up you BS or what? Or is it you think that if you ignore me I will go away?

the Police can not change that law and open your case, they can only enforce the laws as they are written.

Again you are correct, but we have already established that you have no clue what the law is as written. So what bussiness do you have telling the police what it is?

So if you need to open your case to get at any documents asked for by the Police, and if the Police saw you open it, he or she could according to the letter of the law charge you with braking the transport laws.

They couldnt do that even if they wanted too and the section of the criminal code that says this has already been posted as well as the decisions from the supreme court of Canada.

You want to call this fear mongering, be my guest, at least what I said will not get people in trouble

Really, you sure about that one? Because I think you may be mistaken.

129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.

you telling people on this forum, it's ok go ahead and open your case with restricted firearms while being transported could get them into trouble with the law.

No it cant, stop spreading lies.

Agian, care to post up any supporting sections of any act that proves you BS?

I thought not, just another case of I heard it in a gun soter so it must be true.

Shawn

 

[enefgee]

When the man in the uniform asks you to show him your paperwork, and you tell him it's in the case, if he says "open the case" you open the case, if he says "gimme the keys and the case" you give him the keys and the case. If he then tries to jail you for that, you stand in front of the judge, tell him what happened and leave the court with a smile, because the police officer will be walking with a limp - no judge would find that behaviour from a police officer particularly entertaining.

 

[ztunelover]

When the man in the uniform asks you to show him your paperwork, and you tell him it's in the case, if he says "open the case" you open the case, if he says "gimme the keys and the case" you give him the keys and the case. If he then tries to jail you for that, you stand in front of the judge, tell him what happened and leave the court with a smile, because the police officer will be walking with a limp - no judge would find that behaviour from a police officer particularly entertaining.

Now on the other hand if they ask and you answer in my holster they might react differently.

 

[plinker 777]

So....level 3 retention holster isn't considered a lock?










joke...

 

[S.J.]

LOL LOL LOL LOL LOL LOL LOL

Are you going to back up you BS or what? Or is it you think that if you ignore me I will go away?



Again you are correct, but we have already established that you have no clue what the law is as written. So what bussiness do you have telling the police what it is?



They couldnt do that even if they wanted too and the section of the criminal code that says this has already been posted as well as the decisions from the supreme court of Canada.



Really, you sure about that one? Because I think you may be mistaken.





No it cant, stop spreading lies.

Agian, care to post up any supporting sections of any act that proves you BS?

I thought not, just another case of I heard it in a gun soter so it must be true.

Shawn

When I first commented on this thread this is what I said:
Never lock your PAL, ATT, or registration in with your firearms when transporting. Keep them somewhere you can get at them without opening any case that contains restricted firearms.
Now you tell me, how can you possibly get into any trouble with the law if you do that. Remember that an ounce of prevention is worth a pound of cure. Locking your firearm related document in with restricted firearms while transporting is stupid, and it's just begging for possible complications, I will never understand why people would want to take that chance.
That's all that I have to say on this subject.

 

[Snowboy]

When I first commented on this thread this is what I said:
Never lock your PAL, ATT, or registration in with your firearms when transporting. Keep them somewhere you can get at them without opening any case that contains restricted firearms.
Now you tell me, how can you possibly get into any trouble with the law if you do that. Remember that an ounce of prevention is worth a pound of cure. Locking your firearm related document in with restricted firearms while transporting is stupid, and it's just begging for possible complications, I will never understand why people would want to take that chance.
That's all that I have to say on this subject.

Not wanting to take a chance is one thing, saying B.S. about not opening a case is another. Everytime I cross the border for a match I open my cases so they can check the serial numbers on the guns. It's not illegal... it's common sense.

 

[shawn]

When I first commented on this thread this is what I said:
Never lock your PAL, ATT, or registration in with your firearms when transporting. Keep them somewhere you can get at them without opening any case that contains restricted firearms.

No its not, let me help you remember:

if you get stopped by the Cops on your way to the range you'll be up a creek without a paddle. You will not be able to prove that you have an ATT, PAL, or registration, because you can not open the case to get at them.

If you do, you are in violation of the transport laws. You can only open that case at your house or inside an approved shooting range.

The law says that you can not open a case containing restricted firearms while being transported from your home to the range, you must wait till you get to the range to open it.

If you can not produce the required documents without opening the case, they will seize them.

Because, even a cop can't open that case, he or she would have to be a firearm inspector to open that case

Almost every statement you said is incoorrect and yet you still are trying to pass them off as the correct answer. Just admit it, you have no clue. There is nothing wrong with that, just stop trying to convinve people you do.

Also you have yet to show a single source to prove your case or refute the sections of the CC I posted. I would suggest that until you can back up your BS, you stop posting. You can try and back peddal all you want but your posts don't lie, and you can edit them all you want now as they have been quoteed and will not change.

Shawn