Warning to Canadian Flintlock owners

[old ugly]

let us know .


you will get your guns back!

 

[cowpoke1955]

Here, we call that false arrest. A good lawyer would eat that up! Bring charges against the officer, the Department and that so called expert. I don't know about in Canada, but after 31 years of Americam law enforcement, I've seen it happen here. Good luck :thumbsup:

 

[zoomer]

Don't talk to the rcmp.They only recommend charges to the crown council. Make a copy of the relevant criminal code of canada section regarding antiques and also a printout of the cfc section public web page and make an apointment with the crown council yourself.
Show him the sections related to flintlock longarm reproductions and he wont bother to waste his time (or yours)in court.Also have him call the rcmp and have your flintlocks released to you for pickup from their depot.

 

[George F.]

First off let me say that I have in no way any legal experience...with that said, let me say this. I believe that this whole incident and record of it be exsponged( however you spell it). You don't need an arrest record, even if the charges were dropped! This sort of thing would drive you nuts. Best of luck from the lower 48!! ...Geo.

 

[fluggies4]

This is truly a sad state of affairs. As a precaution, I always carry a copy of the firearms act when I hunt with my flintlocks, just in case our uninformed officers of the law charge me with the very same thing.
I will be watching to see how this turns out.

 

[Mike Brooks]

I'd be dead now if I were in your situation. No Government authority is coming into my house and taking my guns with out me being dead first.

 

[R.M.]

Have you contacted any media yet. They might like to hear about this.

 

[Teach]

Don't talk to the rcmp.They only recommend charges to the crown council. Make a copy of the relevant criminal code of canada section regarding antiques and also a printout of the cfc section public web page and make an apointment with the crown council yourself.
Show him the sections related to flintlock longarm reproductions and he wont bother to waste his time (or yours)in court.Also have him call the rcmp and have your flintlocks released to you for pickup from their depot.

X2, try this before hiring a lawyer,worked for a friend of mine.Might want to post this on wwcanadiangunnutz.com
Cheers Bob.

 

[DutchmanDick]

Hi Zonie! I can see you are not familiar with the RCMP or Canadian jurisprudence. After spending a lot on a lawyer I might get my guns back, very doubtlfull, but the chance of any apology ranks right up there with winning the powerball. The ironic thing is I can go hop in my car and drive to the city and buy another flintlock with no hassle. Canada is in bad shape.

Hey, you're welcome to move here to the U.S. of A.! Just avoid moving to such liberal hotbeds as California, Illinois, New York, or New Jersey (no offense intended to any forum members who happen to live in any of those states), and you're all set. Heck, if you move to Kentucky you can even legally (once you've jumped through the hoops) own a machine gun, if you like!

I just hope that our new administration doesn't screw things up for us as badly as I'm sure they'd like to...

 

[rabjr]

Have you contacted any media yet. They might like to hear about this.

Yep, I'd get a hold of the local tv stations news, most have a trouble shooting reporter.

 

[oldarmy]

I would get a lawyer.. a good one that is up to date on the Canadian gun laws..
It's money you might not have, but with the charges.. I would rather spend millions in defense.. not one red cent in defeat..
Best wishes. let us know what happens..
Typical... a neighbor ratted you out :cursing: POS... Getting even is an art and KARMA IS A.. you know what :hmm:
I am going to copy this link to my centerfire forums.
We all support you :thumbsup:

 

[MSW]

concur with the consensus... can you successfully embarrass the RCMP in the media?

depends on the media... if yours is like mine, you'd do better to attempt a self made moon shot, but it's worth a try...

nothing more responsive than an embarrassed politician.

additionally, can you sue the govt for , say, assault under color of law, harassment, racial profiling, dressing funny and talking out of turn/

just a thought... in all seriousness, i wish you the best of luck: if the line isn't drawn, nobody will veer know until thye've long crossed it.

 

[theDuck]

In Canada the media is a very big part of the problem. The media is rabidly anti gun and supresses and twist stories to its anti gun ends. No doubt the media will question why someone needs a 'high caliber semi automatic flintlock capable of downing a airliner'. Whatever lies about guns the police spew, the media regurgitates without question.
Suing police in Canada is a non starter. The brother is a retired cop and says people try but don't get any where. One gunsmith tells me he had a cop in that said he can arrest or have charged anyone and if he is wrong there is no consequense what so ever. If the case goes to court on his day off he even gets paid overtime to testify.
As for getting fingerprints and records cleared out, it doesn't happen. Brother explained that stuff goes out electronically instantly to all kinds of data bases. Try crossing the border into the U.S. tomorrow. You will be stopped and turned around and will be for years because you are a 'violent' offender.

 

[paulvallandigham]

I don't know anything about Canadian Shooting Associations, BUT, here, I belong to a club that has solicited donations from members, for specific purposes, and we have a fund to help pay the Defense costs of people- whether they are members of our Organization or not-- who have been wrongly charged with committing a " gun Crime". I know that in the last 10 years we have donated funds to at least 3 defendants- all of whom won their cases.

So, the other good reason to contact these associations is that they may not only know a good lawyer to represent you, but they might pay all or a part of his bill for you.

 

[Teach]

Pretty cut and dried info here at the firearm centre website.
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/powder-poudre-eng.htm

 

[paulvallandigham]

Cases like what has happened to this gentleman should never happen. You are correct. The RCMP site specifically answers the question about his gun, but like so many American Police Agencies, and even judges, they don't even bother learning the laws they intend to enforce.

We helped pay the attorney fees for a man charge with Felony illegal use of a firearm, in that he transported his handgun unloaded, and in a case that was made for video casette- it had more space than the gun cases he had seen for sale, and he already owned it, and was not using it. The Chicago, Illinois police arrested him and booked him for the felony. At trial, the JUDGE admitted that he had NOT read the law that had been passed making it legal in Illinois to transport firearms in this manner!! Yet, the judge was assigned to the Cook County " GUN COURT!" The Lord only knows how many people he had wrongly convicted of offenses until he heard this case, argued and briefed by a very fine, and very strong willed lawyer. The Judge was actually UPSET that he had to find the defendant NOT GUILTY! ( The only "offense" the defendant had committed was being " A Black Man With A Gun", in Chicago.)

I hope the prosecutor in his case will read the law, and refuse to file charges against the man.

I don't know what power a prosecutor has to order the return of the man's property. In some jurisdictions here, we have to sue the Law Enforcement Agency for a Writ of Replevin( a Common law action) to secure the return of the property by court order. Usually, a second count charges the agency and officer with FALSE ARREST, so that money damages can also be recovered.

However, I don't know to what extent Canadian Law gives law enforcement officers and the agency Immunity from such suits. If your country still holds to the Common Law Philosophy that the King can do no wrong, and the officer is an extension of the Crown's power, then a suit for False Arrest may not be possible.

I would be down at my Representative's office the next day demanding that he/she submit a bill to the Canadian Parliament to amend the laws to grant people like this man financial relief for the misbehavior of officers, including attorney fees,lost wages, court costs, and punitive damages to stop this kind of action from happening to others. :nono: :v :thumbsup:

 

[bapfreak]

Just for a side note, some stories...

There is an awesome story where a man named Redmond or something in the 19th century in America was approached by a law enforcement agent who attempted to arrest him without a warrant, he responded by shooting him in the face.

Later law enforcement caught up with him and shot him several times. He lived and after being hospitalized was later exonerated because of the false arrest that was attempted on him.

There are probably many inaccuracies in that story. I can't find it on the internet, but I saw it on the History channel.

I also heard from a friend that his gun instructor for an armored transport company held a cop at gunpoint after he trespassed without a warrant and no ill action was taken against him. I wouldn't do that, but its just an interesting story.

I once worked with an ex cop and he had many stories of abuses of both cops and judges.

I was once almost arrested for shooting in a place that was legal to shoot, but the cop wasn't convinced till he called his station and talked with them for about 30 mins.

The cold hard fact is that cops aren't experts of the law. People also just need to mind there own business; if there isn't a murder, theft, or rape why call the cops and bother your neighbors for a victimless crime. :nono:

I'm sure there are many well meaning law enforcement agents. Just a few bad ones give all a bad reputation.

 

[Mulebrain]

As others have mentioned, I would do my best to turn this into a media firestorm!

What a humiliating situation :cursing:

Sounds like they really know who pays them! :shake:

 

[arquebus]

I was up in Ontario a couple of years ago. A guy walks into the Mickey-D's I was having breakfast at wearing a T-shirt that read "RCMP - Canada's Biggest Street Gang". Sounds like that's a pretty accurate statement!

 

[bapfreak]

I just read the Canadian gun laws and wow, I am completely blown away.

I always just assumed that handguns and semi automatics were the targets of Canadian gun laws. I was just flabbergasted when I read the part about black powder pistols and percussion guns being regulated. What, do they think that you will subjugate the proletariat with a 1861 Springfield? :youcrazy: