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8/4/2016 0 Comments

How does reclassifying something gun related make it illegal?

How does reclassifying something gun related make it illegal? Good example, the Ruger 10/22  large capacity magazines.
First, ownership(re: possession) has to be made dependent on permission from the government. To do this the government had to outlaw simple possession of a firearm. Now you have to get permission to possess a gun from the government in the form of a licence. This was achieved with the introduction of the Firearms Act in 1995. The addition of sec 91 and 92 to the Criminal Code of Canada made gun possession in Canada illegal by default:
·  91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of
  • (a) a licence under which the person may possess it; and
  • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
·  92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of
  • (a) a licence under which the person may possess it; and
  • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
Now that gun possession is revocable privilege,…classifications are added so that some guns are harder to obtain. Non-restricted, covers most long guns, rifles shotguns, etc….Restricted covers handguns with a barrel length over 4 1/8 inch, and some long guns based only on looks. Prohibited covers handguns with a barrel length under 4 1/8 inches, and full automatic actions.
After getting all proper permission and forms filled, most Canadians can obtain a non-restricted, or restricted licence. As for the prohibited class licence(this is important), the only way to have this class is by grandfathering, or, you had to have had a firearm of this classification before the Firearms Act came into law. You cannot get one and once you lose it, it is gone. Everything you thought you owned under the prohibited classification is now forfeit to the crown. Another word for this is ‘confiscation.’
So, when the RCMP ‘reclassify’ something, like the Ruger 10/22 magazines, they are saying that they do not want you to be able to own that particular ‘thing’ and are telling you that they are going to confiscate it. The prohibited class is being used a confiscation tool.
Next time you hear of something being ‘reclassified’,…in reality, it is about to be confiscated. Licencing and registration truly does lead to confiscation.
Todd Brown
Executive Director,
F.I.R.E.

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    Author

    Todd Brown 
    Executive Director,  F.I.R.E.
    Firearms Institute for Rational Education

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