Why isnt there a charge for this? No pal trying to buy restricted

[spinningchain1]

So I just found out something that ****ed me off, i talked to the rcmp after a someone tried too buy a handgun off me with no PAL.

They told me there is nothing to charge them with for wanting to buy it but that they would be charged if i sold it to them but of course i would be charged too for selling it to them.

I think there should be some kind of charge that can be laid against them for this kind of crap.

They charge for solicitation, they charge dealers/buyers...why not illegally attempting to buy a firearm with no PAL?

[airbornedeerhunter]

Same reason there would be no charge for trying to buy a vehicle (which kill more people in Canada in a week than guns kill in a year) without a valid drivers licence.

No crime has been committed, buyer could always argue that he had no idea one needed a licence to buy a gun and he would win in court.

[spinningchain1]

A vehicle is a little different and come to think of it i have never shown my divers when buying a vehical in a private sale

[J0HN_R1]

In order to lay a charge, they (with your evidence) would have to be able to prove "INTENT"...

Very difficult to do, unless you recorded the conversation. Even then, it would be a stretch...


Merry Christmas to all !!!

[spinningchain1]

In order to lay a charge, they (with your evidence) would have to be able to prove "INTENT"...

Very difficult to do, unless you recorded the conversation. Even then, it would be a stretch...


Merry Christmas to all !!!

I have the text, they out right say they want to buy and they dont have a pal

[Nyksta]

I have the text, they out right say they want to buy and they dont have a pal

The rcmp may not lay a charge from it, but it might put him on their radar for other investigations.

[calgarychef]

A vehicle is a little different and come to think of it i have never shown my divers when buying a vehical in a private sale


Yes, a vehicle is a lot more dangerous.

[Greasemonkey]

Just a little humor but you must be a really bad driver if you are showing your divers license when buying a vehicle do you end up in the water a lot, now I kinda agree the intent is clearly there to break the law but maybe he/she honestly didn’t know the law however if it is clear a individual wishes to break the law they usually will and do only a matter of time, Merry Christmas and blame it on ducking autocorrect... duck ugh just kidding lol

[Newview01]

Would more laws keep us safer?

[58thecat]

Would more laws keep us safer?

Keeps us safer from stupid so that is why laws are implemented.

[Newview01]

Keeps us safer from stupid so that is why laws are implemented.

It is already illegal to possess a restricted firearm without a license. What additional laws do we need in this case?

[58thecat]

It is already illegal to possess a restricted firearm without a license. What additional laws do we need in this case?

Not sure but I tell ya if some hammerheads attempt to beat the system/work a grey area as in all cases more laws/regs will be implemented.

In the OP case really straight forward, show me your RPAL, if not it a no sale, done!

The buyer can ask to buy anything, you as the stellar better have it all together, if it's a situation where the law showed up after the transaction then the fella with the restricted weapon/the sellar included are in hot water...or you can always say you are hard done by and on meds, don't remember etc and some scumbag lawyer will get you off the charges.

[Taco]

You sure it wasn't the cops themselves checking you out on a restricted sale?

[elkhunter11]

I know of a situation where a friend was going through a divorce, and he came home to find his safe empty, and his firearms missing. He had several restricted firearms that were registered in his name in the safe. His wife had apparently taken the firearms and she admitted to him that she had sold them all. He filed a report with the RCMP, and they refused to file charges against the wife insisting that it was a civil manner, not a criminal matter, even though she sold the restricted firearms illegally, and did not even know who she sold them to, and the CFC and RCMP did not know who now had possession of the restricted firearms.

[Unregistered user]

That's a criminal code offence. You can't transfer the guns without transferring the registration first. As for the OP why worry you can't even initiate a sale without his valid PAL #

[J0HN_R1]

I know of a situation where a friend was going through a divorce, and he came home to find his safe empty, and his firearms missing. He had several restricted firearms that were registered in his name in the safe. His wife had apparently taken the firearms and she admitted to him that she had sold them all. He filed a report with the RCMP, and they refused to file charges against the wife insisting that it was a civil manner, not a criminal matter, even though she sold the restricted firearms illegally, and did not even know who she sold them to, and the CFC and RCMP did not know who now had possession of the restricted firearms.

:scared0015:

[Battle Rat]

I have the text, they out right say they want to buy and they dont have a pal

It comes down to the latest they hadn't yet broken a law.
The PAL is just that, required for possision which hadnt yet to take place.
There was likely not other evidence of other illegal intent involved with the wanting to buy the gun.

[Trochu]

Same reason there would be no charge for trying to buy a vehicle....

Except that it isn't the same at all. You do not require a license to legally own or possess a vehicle.

[ak77]

IMO, there's no charge because there's would be no prosecutor willing to take on the case of charging a guy who attempted to buy a gun without a license.

I agree that buying a vehicle without d/l is absolutely different thing. If i was to compare it to anything - it would be to a guy who says "duck it, I'm gonna cross the street on the red light", and someone would try to write him a ticket for jaywalking. Or, if you were selling your wife's old iPhone on Kijiji, do you ask everyone who calls if they are legally allowed to own the phone? Because, you know, some people have court imposed conditions not to own any communication device.
Another point - dear gun owners (op in particular) - do you want more control from the govt where people would be getting charged for thoughts and desires? It's not your job to police others, so myob. Good job doing due diligence checking if there guy had PAL, but drop it there. Don't turn into one of the hysterical liberals screaming "why doesn't govt controlling everything?!?!?!".

[CNP]

Same reason there would be no charge for trying to buy a vehicle (which kill more people in Canada in a week than guns kill in a year) without a valid drivers licence.

No crime has been committed, buyer could always argue that he had no idea one needed a licence to buy a gun and he would win in court.

I don't want to get picky but you do not need a DL to purchase an automobile nor does an automobile need to be registered. That analogy gets used all the time by proponents of the gun registry who say "you need to register your car" (NO YOU DON'T).

A better analogy.............a person goes to Budget car rental and cannot produce a DL.................rental denied.

[tri777]

So I just found out something that ****ed me off, i talked to the rcmp after a someone tried too buy a handgun off me with no PAL.

They told me there is nothing to charge them with for wanting to buy it but that they would be charged if i sold it to them but of course i would be charged too for selling it to them.

I think there should be some kind of charge that can be laid against them for this kind of crap.

They charge for solicitation, they charge dealers/buyers...why not illegally attempting to buy a firearm with no PAL?

It's a bit like a minor trying to buy cigarettes i imagine..
Does a under aged minor get charged for trying? no..
Does the 7/11 risk getting charged? Yup.

[bobalong]

It comes down to the latest they hadn't yet broken a law.
The PAL is just that, required for possision which hadnt yet to take place.
There was likely not other evidence of other illegal intent involved with the wanting to buy the gun.

Actually it is a possession, ACQUISITION license.

[Twist]

No crime was committed.

Therefore, no charge.

People try all sorts of things, and it is up to you whether or not you sell to him.

[blgoodbrand1]

Personally I’d be wondering if it wasn’t a sting operation, trying to get you to sell with the knowledge of no pal


Sent from my iPhone using Tapatalk

[Twist]

Personally I’d be wondering if it wasn’t a sting operation, trying to get you to sell with the knowledge of no pal


Sent from my iPhone using Tapatalk

Could ve. You never know.

[Big Grey Wolf]

Do not think the CFO's have time to do sting operations. It takes 3 months for them to process a PAL or ATC so they have major backlog to work through,no time for sting games.

[Jerry D]

Forward the info to the police if he said he wants to buy with no license.

Maybe thet will do a sting. Sell the guy a gun and bust him a minute later for no registration or pal.

I have a hard time believin the wife could sell the restricted firearms.... that doesn't make any sense.

[bobalong]

Forward the info to the police if he said he wants to buy with no license.

Maybe thet will do a sting. Sell the guy a gun and bust him a minute later for no registration or pal.

I have a hard time believin the wife could sell the restricted firearms.... that doesn't make any sense.

The PAL is the law I guess, but I still think it is a stupid one, but you want to try and trick someone so you can charge them with a stupid law?:snapoutofit:

[last minute]

So I just found out something that ****ed me off, i talked to the rcmp after a someone tried too buy a handgun off me with no PAL.

They told me there is nothing to charge them with for wanting to buy it but that they would be charged if i sold it to them but of course i would be charged too for selling it to them.

I think there should be some kind of charge that can be laid against them for this kind of crap.

They charge for solicitation, they charge dealers/buyers...why not illegally attempting to buy a firearm with no PAL?
maybe someone was testing you :confused:

[Twist]

The PAL is the law I guess, but I still think it is a stupid one, but you want to try and trick someone so you can charge them with a stupid law?:snapoutofit:

I agree. It's very stupid.

[Twist]

Forward the info to the police if he said he wants to buy with no license.

Maybe thet will do a sting. Sell the guy a gun and bust him a minute later for no registration or pal.

I have a hard time believin the wife could sell the restricted firearms.... that doesn't make any sense.

Why not let the police do their jobs on their own?

If they don't want to peruse it, let it die.

[Battle Rat]

Actually it is a possession, ACQUISITION license.

Fine, he hadn't yet acquired it to be in possession of it.

[wolf308]

Would more laws keep us safer?

Ya. No kidding.

There's enough BS laws out there.

Waste of bandlength .... Move on

[heresrod]

being stupid is not illegal ?