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03-30-2020, 03:06 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Hectic last couple of days...
So the other day there was a domestic incident at my house and my wife called the cops on me. No charges were laid because no actual crime was committed (she tends to grossly overreact about things) but the police seized my rifles. I had two flintlock rifles and a youth pellet rifle that they seized. Yes...flintlock rifles. When the cop pulled it out of the case he said "Is this even a gun?"
I talked with the officer and he said that to get them back either I would have to present a PAL license of my own or have someone who has a PAL license pick them up for me. I told him I don't need a PAL license to own or acquire them, so why would I need one to get them back? He was unsure, they never dealt with this type of gun before.
My dad went to see if he could pick the guns up for me, but all the places are closed because of the stupid Covid 19 thing going on. I talked to the lady at the RCMP Exhibition place where they apparently store the guns. She said me and my dad would both have to sign a form to release the guns and that it would be illegal for my dad (he has a PAL) to give my flintlock guns back to me until I myself got my PAL license. I don't even own anything that requires a PAL license, nor have I ever felt the need for a PAL license because I am only interested in flintlocks. Apparently the cops are ill-informed about antique firearms.
So here's hoping I can somehow get my guns back soon. 
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03-30-2020, 03:14 PM
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Join Date: Jun 2007
Location: Ft. McMurray
Posts: 38,585
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Get a lawyer on it NOW, before they decide to do something else! 
Cat
__________________
Anytime I figure I've got this long range thing figured out, I just strap into the sling and irons and remind myself that I don't!
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03-30-2020, 03:16 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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She is interpreting the law incorrectly. If you had a staple gun would she say the same thing? Nailgun?
Sorry about your misfortune. Best of luck in the divorce. Get a good divorce lawyer.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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03-30-2020, 03:19 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Quote:
Originally Posted by catnthehat
Get a lawyer on it NOW, before they decide to do something else!
Cat |
The lady with the RCMP Exhibitions said that my guns should be safe. They won't destroy them and would have to send out several notices if they ever intended to do anything with them. Still it's such a nuisance.
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03-30-2020, 03:22 PM
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Join Date: Dec 2008
Location: Iron River
Posts: 5,158
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Quote:
Originally Posted by Runewolf1973
The lady with the RCMP Exhibitions said that my guns should be safe. They won't destroy them and would have to send out several notices if they ever intended to do anything with them. Still it's such a nuisance.
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This won't hurt a bit and the cheque is in the mail.
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03-30-2020, 03:22 PM
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Join Date: Jun 2007
Location: Ft. McMurray
Posts: 38,585
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Quote:
Originally Posted by Runewolf1973
The lady with the RCMP Exhibitions said that my guns should be safe. They won't destroy them and would have to send out several notices if they ever intended to do anything with them. Still it's such a nuisance.
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I am not insinuation they are not, but they may decide to lay other charges.
The Flinters are not considered firearms anyway, but they may think they are and may just impose a weapons ban on you.
Believe me, I have friends who have gone through this and t is NOT what a hunter wants.
Cat
__________________
Anytime I figure I've got this long range thing figured out, I just strap into the sling and irons and remind myself that I don't!
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03-30-2020, 03:29 PM
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Join Date: Dec 2008
Posts: 1,025
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A friend had firearms seized, they said "oh we won't destroy" well they did. See the advise re; lawyer and get ahead of this ASAP.
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03-30-2020, 03:30 PM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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My advice would be let your father sign the form for the flintlock and have him hold onto them as an act of good faith. At least they will no longer be in the RCMP lock up where they will be stored under poor conditions or worse destroyed by some clerical error. Ask for a copy of the form you and your father will have to sign and request the officer signs it as well with their badge number if it is not already on it. Try to get ahold of the CFO for written clarification. Likely the form will be an Public Undertaking I believe its called. Once the CFO confirms you do not need a PAL then you should be able to have that revoked. It might even be worth while to make up a bill of sale of the flintlocks to your father for the sum of $1 each and have it witnessed by the officer in question, this way for the time being you are no longer the legal owner until this get sorted out.
Its a crappy situation but deal with it the best you can. I hope everything works out for you.
__________________
" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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03-30-2020, 03:31 PM
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Join Date: May 2007
Posts: 3,820
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Quote:
Originally Posted by ken07aovette
sorry about your misfortune. Best of luck in the divorce. Get a good divorce lawyer.
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^^^
now
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03-30-2020, 03:31 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Quote:
Originally Posted by catnthehat
I am not insinuation they are not, but they may decide to lay other charges.
The Flinters are not considered firearms anyway, but they may think they are and may just impose a weapons ban on you.
Believe me, I have friends who have gone through this and t is NOT what a hunter wants.
Cat |
The police officer called and got my side of the story and said nothing about any charges. He will also be hearing from my dad who knows what my wife is like all too well. Not saying I am not with faults, but it seems people always assume a domestic issue is always the male who is causing the problems. This is different. She is legit crazy in the head. If anything, I should be the one laying charges argainst her becase she has hit me in the past more than once.
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03-30-2020, 03:35 PM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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Quote:
Originally Posted by oilngas
A friend had firearms seized, they said "oh we won't destroy" well they did. See the advise re; lawyer and get ahead of this ASAP.
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There was a time the RC's held onto some of my rifles until they figured out I did nothing illegal., when I got them back they were in an unusable condition. They might not destroy them but nature will. In my case they forced me to sign for them before I could even see them. There is nothing you can do about it if this happen.
If you can get them out of their custody by any legal means I would do it now.
__________________
" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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03-30-2020, 03:42 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Quote:
Originally Posted by ghostguy6
There was a time the RC's held onto some of my rifles until they figured out I did nothing illegal., when I got them back they were in an unusable condition. They might not destroy them but nature will. In my case they forced me to sign for them before I could even see them. There is nothing you can do about it if this happen.
If you can get them out of their custody by any legal means I would do it now.
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I am trying, but how much am I supposed to pay for a lawyer when the guns worth totals less than $2000?
I told my wife that if I don't get my guns back that tax return is going to me!
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03-30-2020, 03:46 PM
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Join Date: Mar 2009
Location: Medicine Hat
Posts: 3,216
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Regardless of the status of the weapons, or whether of not a P.A,L. is required, do what you can to get your property back and have them stored anywhere except in the matrimonial home. Best advice I got when I was going through separation/divorce was to get ALL my guns out of the house ... ASAP. All she has to do is make a call and say "I am being assaulted, and yes, there are weapons in the house" ..... going to be a long day for you. There are two sides to every story and the truth generally lies somewhere in the middle. Regardless, we live in a society where the male is typically assumed to be the aggressor. Get a good lawyer and best of luck.
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Participating in a gun buy back program because you think that criminals have too many guns is like having yourself castrated because you think your neighbors have too many kids...
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03-30-2020, 03:57 PM
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Join Date: Dec 2011
Location: Busby AB
Posts: 837
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Sounds like the guns are the least of your troubles.
Like Ken said, find a good divorce lawyer.Things will only get worse
Very rare that things improve
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03-30-2020, 04:03 PM
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Join Date: May 2007
Location: Central Alberta
Posts: 21,399
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Quote:
Originally Posted by Ken07AOVette
She is interpreting the law incorrectly. If you had a staple gun would she say the same thing? Nailgun?
Sorry about your misfortune. Best of luck in the divorce. Get a good divorce lawyer.
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I'm going to argue it's alleged domestic violence, the PAL is irrelevant. I took possession of a Lady's guns in somewhat similar circumstances. The RCMP released them to me so I could sell them for her and she'd have the benefit of cash, rather than having them destroyed.
Grizz
__________________
"Indeed, no human being has yet lived under conditions which, considering the prevailing climates of the past, can be regarded as normal."
John E. Pfeiffer The Emergence of Man
written in 1969
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03-30-2020, 04:28 PM
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Join Date: Feb 2010
Location: Central Alberta
Posts: 2,984
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If they aren’t considered guns, can they legally be taken in the first place?
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03-30-2020, 05:02 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Quote:
Originally Posted by coreya3212
If they aren’t considered guns, can they legally be taken in the first place?
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Yah right?
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03-30-2020, 05:25 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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Quote:
Originally Posted by coreya3212
If they aren’t considered guns, can they legally be taken in the first place?
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They are firearms that can be used to kill or maim. Just because they are not required under current PAL or RPAL guidelines does not mean they are not considered a dangerous weapon, they are classed that way by the investigating detachment and held while under investigation.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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03-30-2020, 05:27 PM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,612
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Quote:
Originally Posted by coreya3212
If they aren’t considered guns, can they legally be taken in the first place?
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yes.
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Be careful when you follow the masses, sometimes the "M" is silent... 
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03-30-2020, 05:30 PM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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Quote:
Originally Posted by Runewolf1973
I am trying, but how much am I supposed to pay for a lawyer when the guns worth totals less than $2000?
I told my wife that if I don't get my guns back that tax return is going to me!
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Perhaps I miss understood your situation. My understanding is the police are willing to release the flintlocks to your father as long as he signs a paper saying he will not give them back to you. There should be no charge for this. If that is correct, Im saying do that for the mean time so at least your flintlocks are not in RCMP custody. It sucks not having access to your flintlocks but at least if your father has them they should be in good hands.
Its a bureaucratic technicality that is currently against your favor.
Flintlocks while technically are not a firearm do meet the definition of a weapon. It could actually hurt your case later if the RCMP have 2 "weapons" in their custody they seized from a domestic dispute.
I cant say anything about the domestic dispute or how it will play out. Im simply saying its better if your father has them than have them sitting in a police lock up.
__________________
" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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03-30-2020, 06:08 PM
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Join Date: Apr 2008
Location: alberta
Posts: 1,959
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just trying to be helpful although this is not going to work
try to send a confirming email on what they said and ask if they are sure
most rcmp and govt employees don’t want email because they
leave a legal email trial for proof later on as to what was actually said
you must protect yourself first, then you are in a position to protect others
Cement Bench
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03-30-2020, 06:12 PM
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Join Date: May 2007
Location: Dreadful Valley
Posts: 14,621
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How hard is it to find a family member or a good buddy with a valid PAL, to sell these flintlock’s to for an absurdly small amount, under the conditions that he is to store and care for them till the break up or divorce is settled. He just takes the bill of sale to the police along with your letter of intent, and voila the rifles are outta the sin bin.
Heck I’m willing to wager any number of members from this site would help you out.
It’s probably in your best interests to just get them outta the way and off-site till things get resolved.
And get a Lawyer for the divorce.
__________________
There are no absolutes
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03-30-2020, 06:46 PM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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Quote:
Originally Posted by Dick284
How hard is it to find a family member or a good buddy with a valid PAL, to sell these flintlock’s to for an absurdly small amount, under the conditions that he is to store and care for them till the break up or divorce is settled. He just takes the bill of sale to the police along with your letter of intent, and voila the rifles are outta the sin bin.
Heck I’m willing to wager any number of members from this site would help you out.
It’s probably in your best interests to just get them outta the way and off-site till things get resolved.
And get a Lawyer for the divorce.
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A divorce was never on my mind.
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03-30-2020, 08:32 PM
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Join Date: May 2012
Posts: 2,535
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Quote:
Originally Posted by catnthehat
Get a lawyer on it NOW, before they decide to do something else!
Cat |
That's never bad advice.
The less you tell them the better, let your lawyer do your talking for you.
Good luck going forward.
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03-31-2020, 02:51 AM
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Join Date: Nov 2009
Location: Okotoks
Posts: 3,033
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Quote:
Originally Posted by Runewolf1973
A divorce was never on my mind. |
You stated that your wife assaults you and calls the police to falsely accuse you of crimes you did not commit. Does this sound like a healthy marriage?
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03-31-2020, 05:52 AM
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Join Date: Aug 2018
Location: USA
Posts: 386
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Quote:
Originally Posted by Runewolf1973
I am trying, but how much am I supposed to pay for a lawyer when the guns worth totals less than $2000?
I told my wife that if I don't get my guns back that tax return is going to me!
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And then she calls the cops on you again ,thus you will have a another domestic laid on you. This vicious circle wont go away,only get worse.
Best Of Luck!
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03-31-2020, 06:01 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,612
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Quote:
Originally Posted by Runewolf1973
A divorce was never on my mind. |
Myself I would have not gotten a forum involved in my very personal life....you're gonna get the runaround and that only hurts the situation more....
__________________
Be careful when you follow the masses, sometimes the "M" is silent...
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04-01-2020, 12:23 AM
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Join Date: Nov 2015
Location: Red Deer
Posts: 158
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So I got good news! I get my guns back next week!! The constable called my dad and he got the full story from him. I think afterward he felt kinda bad for my situation. Anyways, the constable said that next week when he is off work he will get the guns and hand them directly to me, no questions asked.
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04-01-2020, 05:58 AM
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Banned
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Join Date: Jan 2020
Posts: 53
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Quote:
Originally Posted by stubblejumper01
Sounds like the guns are the least of your troubles.
Like Ken said, find a good divorce lawyer.Things will only get worse
Very rare that things improve
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Its all about Gun not a divorce thread.
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04-01-2020, 10:32 AM
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Join Date: Sep 2012
Posts: 6,270
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Get a PAL and at least your gun problems are solved, cannot help you with the domestic issue.
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