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  #1  
Old 11-09-2001, 05:43 PM
Keith
 
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Default Do you know of anyone who has had their gun confiscated?

Hi..

Just wondering if anybody has had their guns confiscated for not having the PAL POL. I have read/heard that this is happening but I don't like rumors. Also, if you have had your gun confiscated what were the circumstances.. were there additional charges and this was added on just for cannon fodder.. or was this the only issue. I see a lot of groups out there NFA, LUFA, Fed Up Canada. are these groups helping you fight for your gun?

good hunting

Keith.
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  #2  
Old 11-09-2001, 07:55 PM
confiscati
 
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Default confiscation

I read in the last Alberta Outdoorsmen that at a random checkstop around 50 guns were confiscated because the owners failed to produce a PAL/POL or a valid FAC. I would see no reason for this not to be truthful.
A friend of mine ran into a couple of situations where he had to provide is FAC last weekend. The first was on the way to Stettler, there was a checkstop set up and he had to provide his FAC. The second one happened after he shot his moose. He was travelling with his uncle, who had the moose carcass on the back of his truck. An RCMP officer pulled them over and asked for an FAC or PAL. Luckily they had theirs, but if they had not they would have been out a couple rifles.
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  #3  
Old 11-21-2001, 12:20 AM
Ca1gary
 
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Default confiscation

Hi.. Hit a checkstop with fish and wildlife in 412 last weekend and asked the officer about PAL/POL he said they were not interested in laying the charge, but would lay it as charge in addition to other offences committed to assist in the plea barganing process. The officer said they were not requesting or enforcing the PAL/POL legislation on its own.
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  #4  
Old 12-05-2001, 11:19 AM
confiscate
 
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Default confiscated

Hey guys it is starting, about two weeks i know a guy
who got stopped by rcmp he did not have his
pal/pol his rifle was seized
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  #5  
Old 12-05-2001, 05:46 PM
confiscate
 
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Default confiscated

I really can't see a wildlife officer having the authority to seize a firearm.
If a RCMP want's to, well they can.
If someone gets their Firearm taken, theey should take the matter to court. There are a limited # of Federal prosecuters in Alberta. This should tie up the system for awhile.
Further, I think it's a shame about the Alberta Gov. suggesting to the feds that they should take over the responsibility of handling/trying all federal crimes. Didn't the Province go to court to fight the fact that the feds were in teritory they didn't belong? Now they want to do their dirty work?
But then again...maybe this is a way to dismiss all these types of cases before the courts.
Who knows, just get a licence in case. Who needs the cost of getting a lawyer? On the other hand, register all your firearms? No way..
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  #6  
Old 12-08-2001, 04:23 AM
Poss. Lice
 
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Default Poss. Licence

Hello, Be careful about planning to fight because of the lack of federal prosecutors,etc. The fish and wildlife have the power of a Peace officer under the criminal code of Canada. They do have the authority to enforce all criminal offences such as impaired driving, theft, and firearms offences. Any prosecutor in provincial court can try an offence under the firearms act, as it is part of the criminal code. Federal prosecutors are used for offences such as the controlled drugs and substances act. Possession of marihuana, trafficking, etc. I have posted a question relating to this very topic on the hunting section, please let me hear your thoughts. I think there are some serious issues with this law too, I am simply letting you know that they can enforce this stuff. Who knows where this will go in the future. Jason
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  #7  
Old 12-08-2001, 04:03 PM
winged1
 
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Default no return

My brother in law passed away at his home last July. When police investigated they removed all of his guns from the house. When they contacted his wife to say they were cleared for pick up, she of course had no paper work for herself, so they refused release to her, wouldn't let me pick them up on a POL, and wouldn't keep them until I found someone with a PAL. Police sent them of to a dealer who said he would store them (for a charge). The wife said sell em and next day they were gone. some nice guns disappeared.
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  #8  
Old 12-13-2001, 03:57 PM
possesion
 
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Default possesion license

Dobirstein, A federal crime is a federal crime. To be in illegal possesion of a firearm is not a provincial crime. Federal prosecutors are used in situations where the province would prefer to not get invoved. If the province wishes, they can reserve these cases for federal prosecutors.A fish and wildlife officer is looking for offences that are commited in the commision of an offence pertaining to the wildlife act. Yes, a wildlife officer can arrest you for impaired etc, but how many officers carry a breathalizer? If they suspect you are impaired the responibility is on them to prove you are. You should read the wildlife act and criminal code. Better to be informed on these matters and defend your rights than to assume that the people who administer the law are all powerfull and knowledgeable. Most people are not willing to question a police officer or other person of "authority" and therefore end up in a pile of mess, when the mess could have been avoided by asking questions and chalenging the officers knowledge of the law.
Just a few things to consider...

They can have my guns when they pry them from my cold dead fingers.
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  #9  
Old 12-28-2001, 10:15 PM
Federal cr
 
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Default Federal crime

Jordan, I first off want to point out that I totally disagree with the Firearm legislation and the points I have made are in no defence of it. I would gladly give advice to anyone interested,etc. The reason I have indepth knowledge on the Criminal law is due to the fact that I am a Police officer, and have been so for 13 years. I have worked extensively with the Provincial crown prosecutors, and the federal Crown. I have years under my belt with an under cover street team, training officer,etc. I do not work with Fish and Wildlife and would not. All criminal code offences are prosecuted by a provincial prosecutor,such as those that work out of the Provincial court Lethbridge, Edmonton, etc. Yes the criminal code is a federal document, however the laws are prosecuted by provincial court prosecutors. The only federal crimes requiring a seperate federal prosecutor are The Controlled Drugs and substances act, and Customs and excise, as 2 examples. When i used impaired driving as an example it was only that. A fish and wildlife officer does not have a breathalyzer or intoxilyzer, they would need the assistance of the police to do this part of the investigation. The firearms legislation would be prosecuted by provincial court prosecutors. I am speaking of experience as I have been involved in laying some charges as a result of drug investigations in which firearms were recovered. The federal crown in Lethbridge is a lawyer firm, Dimnick and company that is contracted by the Prov court system to prosecute the federal crimes I have mentioned before. I certainly understand how this could be confusing as all criminal offences are in the Federal document such as the criminal code. I would be glad to talk further about this with you. Understand when I say a fish cop can arrest for impaired so can a private citizen. Obviously they do not have a breathalyzer available, they can arrest any person found commiting a criminal offence. I just want to let you know I dont need to read the criminal code, I see that on a weekly basis when i am not out hunting just like you. Once again please understand I am in the same boat as you, I have the same complaints with the firearms laws, Jason
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