Quote:
Originally Posted by brendan's dad
Actually that is exactly how the regulations work. The regulations tell you what is legal as opposed to what is illegal. I will post this again.
Taken from the firearms Act
Transporting and using prohibited firearms or restricted firearms
19 (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;
(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or
(b) if the individual
(i) changes residence,
(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
(iv) wishes to transport the firearm to a gun show.
Within section 19 it listed 2 authorized uses for restricted/prohibited
1. Shooting at an approved CFO range
2. For teaching purposes
Within section 19 it also list reasons that are pre-approved for transport.. ie going to a range, gun show, point of sale etc. If you require transport outside these pre-approved reason then a short term ATT must be obtained from the CFO.
Sec 86(2) of the Criminal Code is the charge section for breaches of Regulations made under the Firearms Act. So yes, Regulations are enforceable and must be adhered to like any other legislated law.
Regulations do not list what is illegal like Criminal Code laws. Look at the storage and transport regulations. No where does it state that it is illegal to store your firearm loaded. Alternatively it tells you that it must be unloaded. So the regulations will not state that shooting a restricted firearm on your property is illegal, alternatively it will only tell you where it is legal to discharge and in this case it is a CFO approved range. So if it is not listed then it is not legal, that is how regulations work.
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Lol alright I'll bite. You keep beating a dead horse. Your first bolded part from the firearms act says "Transporting AND using". Does it say anything about using without transporting? Do you not grasp that what we are talking about doesn't involve transport? Myself and others are talking about something that doesn't involve any transportation of a firearm so why do you keep trotting out Sec 19 (1)?
Of course you need authorization to transport. Almost every aspect of owning and using restricted firearms requires CFO approval. I think we all agree on that. We are talking about a very particular and peculiar situation where there is actually no language in the firearms act that addresses it.
And yes, in Canada things are legal until they are controlled through legislation. Don't believe me? Fine. So the new drone legislation doesn't legislate drones because they were already illegal and the legislation is legalizing them? Legislation sets out limits on behavior by saying what you can't do, not what you can. Drugs were made illegal by legislation, before that they were in the default state of being legal.
This is the way things are with criminal law, which is what the firearms act falls under. This is a mixed blessing. The advantage is that mens rea and all that good stuff is required in a lot of cases and there isn't as much of that strict liability & absolute liability crap like there is in regulatory law, but it's still there, like the following. Regulatory paperwork errors are entrenched in criminal law. Don't have your registration certificate with you while transporting a pistol? Bend over, it's gonna hurt. You could end up being a convicted criminal with a gun crime on your record. Ouch.
And then you have the whole bizarre licensing system where all guns are essentially illegal in Canada through Sec 91 & 92 of the criminal code but your license gives you temporary reprieve from charges while your license is valid. Essentially you get a crime license or a license to commit a crime and you're all good. Why the CPC didn't fix this mess we'll never know, instead of offering up their bandaid fix amnesties.
As for your assertion that guns don't need to be unloaded while being stored or transported because it doesn't say so in the firearms act I suggest you learn the differences between "may", "must", & "shall" in legalspeak. It says for both storage and transport that they "must" be unloaded. That's not optional.
But in the weird scenario I've been babbling about, they are not in storage nor being transported.