Just curious, theoretical question : If one was to locate a pistol normally prohibited due to barrel lenght, say a P-08 for the sake of argument, outside the country, and had the barrel removed before trying to get it imported. Would one be able to import it as a straight restricted or would it remain prohibited based of model until such time as a barrel of a appropriate lenght was installed on it ?
When does a pistol become 12(6) ?
- Thread starter RobSmith
- Start date
The policy of the Registrar (policy changes) is that if a gun had a restricted length barrel of a non-prohibited calibre (offered by the original manufacture) for that same model then they most likely would consider it a restricted gun and allow it to be registered as frame only.
But if you were to remove the barrel then why not have a restricted barrel put on before importing it. (yes I can think of a number of reasons)
But if you were to remove the barrel then why not have a restricted barrel put on before importing it. (yes I can think of a number of reasons)
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RobSmith said:
If you were to do this you would have to have the old barrel removed as you have said.
If you plan on having a restricted length barrel put on then why would you not have the barrel put on by the same gunsmith that removed the old barrel? Or at least have a barrel shipped to the person removing the old barrel and have him include it with the gun when it comes across the boarder? Why look for trouble if you don't need it?
If you think you can have the old barrel removed and have it remain as frame only indefinitely then you had better use the purpose of collection for the reason to acquire. If you stated it was for target shooting then they could revoke the certificate since you are not using (how can you without a barrel) for the stated purpose.
Hitzy said:
“prohibited firearm” means
(a) a handgun that
(i) has a barrel equal to or less than 105 mm in length, or
(ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,
but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,
(b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,
(i) is less than 660 mm in length, or
(ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,
(c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or
(d) any firearm that is prescribed to be a prohibited firearm;
(a) a handgun that
(i) has a barrel equal to or less than 105 mm in length, or
(ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,
but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,
(b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,
(i) is less than 660 mm in length, or
(ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,
(c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or
(d) any firearm that is prescribed to be a prohibited firearm;
So according to the Criminal Code it is not a prohibited handgun since it does not have a barrel (as long as it was not designed or adapted to discharge a 25 or 32 calibre cartridge.
OK so that is what the law says. So a prohibited handgun is not a prohibited handgun without the barrel. (according to the law)
I have a Berreta model 1934 that was the subject of a reference hearing to a Provincial Court Judge in 2000. The Registrar revoked the registration certificate because he said the gun was a prohibited handgun. The original barrel was removed and had the barrel welded shut. I then registered it as frame only. Because a TAN was issued for it at the time by the CFO the Registrar was required to issue a certificate which they immediately revoked.
So to make a very long story short, the revoking officer admitted that the gun was not prohibited by law and that the gun (without the barrel) was prohibited as a matter of policy by the Registrar. So I'm legal right?
So I ended up loosing because the certificate was revoked under section 69
69. The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.
They convinced the judge, that even though the gun was legally not prohibited, to confirm the revocation of the certificate.
I court the officer for the Registrar and the Firearms Expert stated that the Registrar will only register a gun as frame only as restricted if there was a restricted length/calibre barrel offered for that model of gun. Since the Berreta model 1934 only came with restricted length barrels it would not be considered restricted without a restricted barrel on the gun. So this is what I had to do to keep it.
I brought up the example of the FN Browning model 1922 that has a 114 mm barrel and was available in 32 or 38 calibre. They said that the 32 calibre with the barrel removed would be considered a restricted handgun since that gun was available from the manufacture with a non-prohibited barrel barrel.
I have a registered FN Browning model 1922 that originally was in 7.65 mm (32 cal) but is currently registered as restricted as frame only.
I have a hearing on March 30 that may effect all this. As I said a lot of what the Registrar does is a matter of policy.
If you want a luger from the US than save yourself a lot of trouble and have it converted to a restricted configuration there. Either that or look for one here since they are probably cheaper.
