CFD FAQ "Meat and Potatoes"

CFD FAQ -- Version: 3.0 -- Date: August 19, 2009

Disclaimer: No part of this FAQ or any of it's sub-sections should be viewed as legal advice or a definitive source for any information. The authors bear no responsibility whatsoever for incorrect information. This entire FAQ and all sub-sections are a compendium of information gathered from postings to the CFD and from other knowlegeable sources. Permission is explicitly given to distribute this FAQ in its entirety only if no changes are made and if this disclaimer is included.

Comments/Suggestions:
This document has been archived, and is no longer subject to change. A new version of the CFD FAQ is located here and is open to suggestions and additions.


Table of Contents

6. Frequently Asked Questions
  1. READ THIS FIRST
  2. What can I do to get involved?
  3. Is the CFD monitored by the RCMP (or whoever)?
  4. Where can I find a list of prohibited firearms?
  5. What are OICs? Why are they of interest to us?
  6. What do I do if "they" show up with a Search Warrant?
  7. Customs (or other public officials) won't release my property, what can I do?
  8. Why don't we boycott...?
  9. What is the law on inheritance?
  10. I just received a letter from the RCMP regarding a short barrel handgun, what do I do?
  11. What is registering as UNKNOWN all about?
  12. What is the NFA 8 Pack?
  13. Is Hollow Point ammunition legal?
  14. What's the status of Starter Pistols?
  15. When does my FAC expire?
  16. What is the Lousy Loonie Campaign?
  17. What is the PFCS? How did it come about?
  18. Can anyone tell me if a 4 inch barrel has to be returned for destruction
  19. Is it against the law to keep a loaded firearm at home?
  20. What is the Hitler quote that wouldn't die? (The 1935 Quote)
  21. I am a US citizen what do I need to know about transporting firearms in Canada?
  22. Is a FAC or PAL required to sell a firearm?
  23. I have a FAC should I get a PAL?
  24. Is there any obligation for people to report firearms being lent?
  25. Could you shed some light on the firing range issue?
  26. Can a non-grandfathered person sell grandfathered firearms?
  27. What locations should I enter on an Authorization to Transport?
  28. I'm moving to the US, how can I protect my grandfathered status?
  29. If my grandfathering firearm is lost do I lose my grandfathered status?
  30. What is this FIP database thing I'm hearing about?
  31. How does C-68 affect ammunition purchases?
  32. What are the limits on magazine capacities?
  33. What are my rights when crossing the border?
  34. Do flintlocks have to be registered?
  35. I'm moving to the U.S. what do I need to know about my firearms?

6. Frequently Asked Questions

This section of the FAQ is the real "meat and potatoes" section. It is where the true frequently asked questions and their answers can be found.

6.1 READ THIS FIRST

The firearms laws in Canada have just undergone a major revision with the addition of Bill C-68 being proclaimed as law under Section 39 of the criminal code. The bill contains 140+ pages of legislation and have been followed up with even more pages of regulation.

All of these are open to interpretation and much of that interpretation must be set by the courts during challenges. In many, many cases the legislation involves sections of code that modify other sections and contain still more references to other parts of the code. In the logic is bizarre and convoluted. It is exactly this situation that we are facing and fighting.

If you are confused by some of what you read here or wonder why it is so complicated - join the club. This is not trivial legislation, it is very involved and mistakes are not mistakes in civil law but criminal law. This affects you! Get Involved!

6.2 What can I do to get involved?

Join an organization that is fighting for your rights. Write letters to the editor of a newspaper. Start reading. Talk to friends. Stand up for your rights. See the Further Reading section of this FAQ. Check this link:

Activism - What you can do.

6.3 Is the CFD monitored by the RCMP (or whoever)?

The short answer is yes, get over it.

The long answer is that this is a public moderated forum and there is no way to know who has access to it or is reading it. There is a non-public list of email addresses to which the postings are farmed out to and there is no desire or will to track down every xxx@yyyy.com address to see if the owner works for the RCMP, Justice or CSIS or what have you.

There is little doubt that various groups within the government are probably monitoring the list. It's not part of a conspiracy or some other large revelation, it's just the way of it.

6.4 Where can I find a list of prohibited firearms?

Until I can find something in the CFD or Justice site try this link:

http://www.canfirearms.ca/Skeeter/Faq/ctg.html#BANNED

6.5 What are OICs? Why are they of interest to us?

Many thanks to Dave Tomlinson for a direct reply by the author for information on OICs and their danger which follows.

Order in Council -- a deadly menace.

Under British law, a bit of emergency legislation -- with force of law -- can be enacted without participation by Parliament, if an Act authorizes an Order in Council (OIC) of that type. Such an Order in Council must be ratified by Parliament as soon as possible -- or it dies.

In Canada, the OIC does NOT have to be ratified by Parliament. It is just more legislation, has force of law, and is as powerful as any other law. CC s. 117.15(1) authorizes the "Governor in Council" to outlaw every firearm, cartridge and firearms accessory in Canada without consulting Parliament. CC s. 117.15 pretends to limit that power, but actually is designed to prevent any court of law from blocking the will of the Minister of Justice. It does that by denying the Minister power to outlaw things to items that, "in the opinion of the Governor in Council" are "reasonable for use in Canada for hunting or sporting purposes."

Why is that dangerous? The Minister may outlaw all .22 rimfire rifles, and all .30-30 rifles. You take the OIC to court, claiming that they are "reasonable for use in Canada for hunting or sporting purposes." The court rules that it agrees, but "cannot substitute its own opinion for the opinion specified in the law."

The words, "in the opinion of the Governor in Council" were recommended for deletion by a Committee of Parliament before C-68 was enacted, because they granted unlimited power to the Minister. The Liberals refused to delete them.

The "governor in Council" is the Cabinet -- but actually the Minister of Justice acts alone, writing it and then getting it rubberstamped by the rest of the Cabinet.

6.6 What do I do if "they" show up with a Search Warrant?

The ShopNFA site has a primer on Search Warrants, follow this link (requires Adobe Acrobat):

http://www.nfa.ca/content/view/283/1/

You can get Adobe Acrobat free from:

http://get.adobe.com/reader/

Posting by Dave Tomlinson, Digest v02n115:

v02n115.txt

   Date: Fri, 12 Dec 1997 13:15:20 -0600
   From: "David A. Tomlinson, NFA" 
   Subject: Re: Search Warrants

   >And, some advice on what to do when the police show up at your door: from
   >

   NFA-added additional material added for firearms people:

   >Summary Response Checklist if the Bureau comes Knocking: 
   > 1. Ask to see the search warrant.

   NFA: The searchers are required to SHOW you a COPY of the warrant or
   TELL you what is in it before executing it, and LEAVE you a copy of it
   when they leave..

   > 4. Read the warrant carefully to determine:
   >      the premises covered
   >      the specific documents or objects it covers
   >      the alleged offence(s) subject of the warrant

   NEW:  Read the DATE and TIMES that the warrant authorizes search.
   Often, the warrant is invalid because they were supposed to do the
   search YESTERDAY, or EARLIER TODAY, and entry can then be legally
   refused.  CC s.  488 forbids the execution of a search warrant AT
   NIGHT, unless "(a) the justice [who issues it] is satisfied that there
   are reasonable grounds for it to be executed by night, (b) the
   reasonable grounds are included in the Information [laid before the
   justice to get the warrant], AND (c) the warrant authorizes that it be
   executed by night."

   > 5. At the same time that the warrant is being reviewed, instruct someone to
   >make the following calls (if not already made):
   >      legal counsel 
   >      individuals named in the warrant whose offices are to be searched -
   >each should be advised that the search is pending and cautioned that they
   >must not remove, alter or destroy any documents or other material in their
   >offices 

   NFA: ADD the local news media
   NFA: ADD NFA HQ, (403)439-1394
   NFA NOTE:  If told that you must sit down and not use the phone, ask:
   "Am I under arrest?"  If the answer is "No, not YET!" then no one has
   any right to TOUCH you, or to hinder your use of the telephone.  If an
   officer DOES touch you, then ask again: "Am I under arrest?"  If the
   answer is no, then say:  "In that case, take your hand off me -- or I
   will arrest YOU for assault." [Yes, you ARE authorized to do that by
   Canadian law, CC s. 494(1) and (3)]

   > 6. Do not "agree" that the search can be expanded beyond the limits
   >described in the warrant. 
   > 7. Do not answer any substantive questions.

   NFA: More people are convicted from what they SAY than from any other
   cause.  You have a right to SILENCE.  USE IT.  Unless you know as much
   about firearms law as the NFA does, you have NO IDEA whether or not you
   ARE guilty -- because you may SEEM to be guilty, and yet the NFA can
   often tell your lawyer why you are NOT.  Three days ago, for example, I
   was able to tell a person charged with carrying a concealed handgun
   that the NFA could supply him with an excellent (but not totally
   guaranteed) defence.

   > 8. Do not attempt to impede, physically or otherwise, the person executing
   >the warrant.

   NFA: That is obstruction, and a criminal offence.

   > 10. Keep an accurate log (or copy) of all documents seized. 

   NFA: the searchers are required to file an "Information" with the court
   to get a search warrant.  Unless the justice blocks it, the
   "Information" is a public document. After executing the warrant, the
   searchers must file a "Return" with the court, explaining what they did
   with the warrant and listing what they took.  
   SO: After being searched, go to the court that issued the warrant and
   request a copy of the Information and Return relating to that warrant.
   You should be able to get then for the cost of photocopying, and they
   are VALUABLE.

   Dave Tomlinson, NFA

6.7 Customs (or other public officials) won't release my property, what can I do?

Here are the specifics of Criminal Code section 337 (and 336) as well as a posting by Dave Tomlinson, President of the NFA, that will help:

Criminal Code Section 337:

    Public servant refusing to deliver property

    337. Every one who, being or having been employed in the service of 
    Her Majesty in right of Canada or a province, or in the service of a 
    municipality, and entrusted by virtue of that employment with the 
    receipt, custody, management or control of anything, refuses or fails 
    to deliver it to a person who is authorized to demand it and does 
    demand it is guilty of an indictable offence and liable to imprisonment 
    for a term not exceeding fourteen years.

Criminal Code Section 336 is interesting reading as well and would seem to affect a public servant tampering with your property:

    Criminal breach of trust

    336. Every one who, being a trustee of anything for the use or benefit, 
    whether in whole or in part, of another person, or for a public or 
    charitable purpose, converts, with intent to defraud and in contravention 
    of his trust, that thing or any part of it to a use that is not authorized 
    by the trust is guilty of an indictable offence and liable to imprisonment 
    for a term not exceeding fourteen years.

Here is a link to the Criminal Code of Canada containing the Section:

Criminal Code ( R.S., 1985, c. C-46 )

Here is the posting by Dave Tomlinson:

    From: David A Tomlinson 
    Subject: Re: need help immediatly

    >GUARDIAN AMERICAN MODEL OF 1878 WILL NOT BE RELEASED TO ME BECAUSE OF IT
    >BEING SO OLD, NO INFORMATION CAN BE FOUND ON IT, SO THE OFFICER SAYS IT
    >CANNOT BE CLEARED OR RELEASED.  ANY SUGGUSTIONS CONCERNING MY RIGHTS TO
    >REPOSSESS THIS PROPERTY. AFTER ALL IT IS A 120 YEARS OLD AND A DEFINATE
    >COLLECTORS ITEM.  CAN THEY KEEP IT.  THEY HAVE HAD SINCE APRIL TO WORK
    >ON CLEARANCE.

    Go tell that jerk that if he wants to keep it, he is going to have to
    explain his ignorance in a court of law.  He has no authority to do that,
    and neither does CFR/FRAS.  They are apparently engaged in an illegal
    conspiracy to bilk you out of your property by fraudulently claiming
    authority that the law does not give them.

    Then hand him a letter, in the presence of an exccellent witness (who has
    and keeps a copy of that letter, just as you do), saying:

    "I hereby demand that you deliver my property, to wit, one old Guardian
    revolver,  to me forthwith.  I make this demand under the terms of Criminal
    Code section 337.  Please note that a refusal to deliver it to me is a
    violation of CC s. 337, and is an indictable offence.  Please also note that
    under the terms of CC s. 494(1), any person can arrest anyone found
    committing an indictable offence."

    Dave Tomlinson, NFA  --  CLOG: all Conservative or Liberal Ottawa
    Governments

6.8 Why don't we boycott...?

Great idea, now all we have to do is organize it. Getting large amounts of boycott-weary people to follow your idea is difficult, that is not to say that we shouldn't do it, but we must choose our targets wisely.

6.9 What is the law on inheritance?

Posting by Dave Tomlinson, Digest v02n765:

v02n765.txt

   Date: Fri, 18 Dec 1998 06:20:34 -0600
   From: David A Tomlinson 
   Subject: INHERITANCE AND THE FIREARMS 

   THIS IS THE LAW ON INHERITANCE OF FIREARMS:

   "BY OPERATION OF LAW" means  transfer from deceased to executor.

   UNDER BILL C-68:

   Firearms Act section [FA s.] 112(1) says, "...every person...who...posesses
   [any unrestricted firearm] without being the holder of a registration
   certificate [covering it is guilty]..."

   BUT -- FA s. 112(2)(b) says, "(2) Subsection (1) DOES NOT APPLY to (b) a
   person who comes into possession of [any] firearm BY OPERATION OF 
   LAW..."

   C-68's CC s. 91(1) says, "...every person...who possesses [any] firearm [is
   guilty] unless the person is the holder of (a) a licence [covering it]
   ...AND (b) a
   registration certificate [covering it]..."

   And CC s. 91(2) says, "...every person...who possesses a PROHIBITED 
   weapon, a RESTRICTED weapon, a prohibited device, or any prohibited 
   ammunition [is guilty] unless the person is the holder of a licence 
   [covering it]..." 

   BUT -- CC s. 91(4)(b) says, "Subsections (1) and (2) do NOT apply to (b) a
   person who comes into possession of [any] firearm BY OPERATION OF 
   LAW..."

   CC s. 92(1) and 92(4)(b) say much the same thing.

   The law set forth in C-68 is crystal clear.  ANY firearm that passes into 
   the hands of an executor is LEGAL, and possession by that executor is LEGAL.
   All firearms -- legally OR illegally held by the deceased -- become [if 
   necessary, and temporarily] LEGAL when they pass into the hands of the
   executor at the moment of death.  Police siezures of ANY firearm as a 
   result of the death of its owner are ILLEGAL.

   Special notes for the executor:  

   If the executor finds that the estate includes a firearm which was illegally 
   possessed by the deceased, the executor should know that the firearm
   does NOT have to be surrendered or even reported to the police.  The
   executor may sell it to a museum or other person authorized to have it 
   (e.g., a moving picture props supplier).  The executor may take the
   firearm to a gunsmith and have it deactivated to non-firearm status, and 
   then pass it on to the heir, or another, in that status.  Or the executor may
   explore the possibilities of legalizing its possession by the heir or some
   other person.

   CC s. 93(1) (possession at a place other than that indicated on the 
   authorization, licence or registration certificate) does not apply to the
   executor, because he is not the "holder of an authorization or licence"
   relevant to the firearm.  Therefore, the executor may apparently 
   transport any estate firearm without an Authorization to Transport.

   The executor should note that possession of a "prohibited firearm" by
   the executor is authorized by CC s. 91(4)(b) and 92(4)(b), and that 
   apparently no Authorization to Transport is available to him for 
   transporting such a firearm -- which may explain why CC s. 93(1) does
   not apply to an executor.FA s. 17 to 20 apparently do not apply to an
   executor.

6.10 I just received a letter from the RCMP regarding a short barrel handgun, what do I do?

Response from the NFA in the March 1999 issue of Point Blank, included with permission:

   One of the most frequent questions we have received lately has been
   regarding short barrel pistols and the letters the RCMP have been
   sending out to the owners of these firearms as well as the owners
   of 32 and 25 caliber handguns.

   The feds have somehow come to the conclusion that banning these
   firearms is going to help them in their campaign toward safety. 
   The advise we are giving those people right now is to "hang tight"
   and do nothing right now.

   The NFA is taking court action on this issue. The outcome of this
   process will help determine what will happen.

   There are also apparently many short barrel handgun owners who
   are receiving these letters who are grandfathered persons and should 
   not be receiving this letter. This just goes to show how unreliable 
   the current federal handgun registry is right now.

   The NFA rarely offers as advise -- do nothing -- but in this 
   particular case -- sit tight for now.

6.11 What is registering as UNKNOWN all about?

From an information sheet from the NFA:

   Under the "new" system, you fill out a "postcard" application, giving Make, 
   Model, Manufacturer; Type, Action, Calibre, Shots (in magazine), Barrel 
   (length) and Serial number for each rifle or shotgun you own, add the fee, 
   and send it in. No "eyes-on" examination of the firearm is done, and the 
   registration is simply using YOUR (possibly defective) information. We 
   pointed out that few people can identify firearms accurately, and that 
   "unique identification" (their stated goal) cannot be done that way. In 
   fact, that is a proposal to cram the new "improved" registration files 
   with garbage. \

   They explained that each firearm will be eyes-on "uniquely identified" the 
   NEXT time it is transferred - X years from now. We pointed out that if THAT 
   identification locates an error on the registration certificate, it is 
   evidence of false information supplied on the "postcard" application. 
   THAT can lead to criminal charges under Firearms Act sections 106 and 109, 
   and up to five years imprisonment for a bad guess on identification. No 
   thank you. They said that no one would actually lay charges under FA s.106; 
   we countered with a series of horror stories about abusive enforcement that 
   we have already seen, and declined to place unlimited trust in some police 
   officer or firearms bureaucrat who may not even have been hired yet. We 
   explained OUR program to deal with the FA s.106/109 problem. The only SAFE 
   way to register a rifle or shotgun by the "postcard" method is to register 
   it as: "Make: UNKNOWN, Model: UNKNOWN, Manufacturer: UNKNOWN, Calibre: 
   UNKNOWN, Shots: UNKNOWN, Barrel length: UNKNOWN." 

   If the government wants to file all that useless information, we plan to 
   force them to get it from the firearm, not from its owner. It is the only 
   way we can guarantee that the owner will NOT be charged for giving false 
   information the NEXT time the firearms is transferred. 

   We also pointed out that each "firearm" is actually a "frame or receiver" 
   with or without a bunch of uncontrolled "spare parts" TEMPORARILY attached 
   to it. We change barrel lengths, calibres, etc., quite often. Their concept 
   is adding more and more information - much of it taken from markings on a 
   "spare part" -- for entry onto the registration certificate. Therefore, the 
   NFA will be educating firearms owners to register ONLY the naked "frame or 
   receiver." In that way, "spare parts" can be added as needed. 

   True, that will complicate matters. Should the "naked receiver" of a 
   Thompson Center Contender be registered as a "restricted firearm" handgun, 
   a "prohibited firearm" .32 calibre handgun, an unrestricted rifle, an 
   unrestricted shotgun, or all of the above simultaneously? (It can fall into 
   ANY or ALL of those classifications by interchanging uncontrolled "spare 
   parts.") They were quite unhappy with that. We pointed out that WE didn't 
   design this ridiculous system of "unique identification." It was Ottawa's 
   "experts" who included the definition of "firearm" which can make nonsense 
   of the entire system when used creatively. 

   So: Please gather up all the junker rifles and shotguns you can find, 
   particularly those that are DIFFICULT to "uniquely identify" from the data 
   on the "frame or receiver." Strip them down to "frame or receiver," or as 
   near to that as is convenient/possible. Apply to have them registered as: 
   "Make: UNKNOWN, Model: UNKNOWN, Manufacturer: UNKNOWN, Calibre: UNKNOWN, 
   Shots: UNKNOWN, Barrel length: UNKNOWN, and Serial number: UNKNOWN" when 
   C-68 comes into force. 

   You are NOT being unreasonable. You are being SAFE. Unless you are a 
   world-class firearms expert, you may NOT know that the "Make" stamped into 
   your firearm is not a "Make." Your "J C Higgins" shotgun was actually made 
   by Hi Standird and MARKED "J C Higgins" because Sears Roebuck ordered it 
   marked that way. Your "Browning" rifle's actual "Manufacture" was done by 
   a Japanese company. Your "8mm" rifle MUST be registered as "Calibre: 
   8X57mmJS" or "unique identification" is lost. The tubular magazine "Shots" 
   capacity of your .22 firearm changes as you shift from .22 Long Rifle to 
   Short cartridges, and your box magazine firearm "Shots" changes as you 
   change magazines. Your "Barrel length" is dangerous, because different 
   officers measure "Barrel length" differently. 

   The only SAFE way to register is the way we suggest. Let THEM gather the 
   data they want for their files FROM THE FIREARM, NOT FROM YOU. It is better 
   to be SAFE than to wind up in court severaI years from now, stuck with 
   heavy fees going to the lawyer you need to defend you. Please make certain 
   that every firearms owner is aware of this information. 

6.12 What is the NFA 8 Pack?

From a information sheet from the NFA:

 
   In some jurisdictions, it is a POLICY to charge anyone who has a firearm
   stolen with improper storage [CC s. 86(2) "careless storage" or 86(3)
   "storage in violation of a regulation."]

   The affect of a conviction under the storage laws and infact most firearms
   charges is a loss of your guns for 10 years. No hunting, no shooting and
   for 10 years!.

   The NFA can and does provide an 8-pack of favorable court decision
   transcripts.  In most cases, simply showing the NFA 8-pack to the Crown
   prosecutor is enough to have him drop the charges before trial.  Where he
   proceeds to trial, it is -- almost always -- enough solid precedent to win
   the case for the accused.

   "Finlay" -- Supreme Court of Canada, binding on ALL courts -- forces the
   Crown to prove that the accused  did something no reasonable person would
   ever do, prevents putting the accused on the witness stand, authorizes a
   defence of "due diligence" and requires proof beyond a reasonable doubt.  A
   difficult set of standards to prove!

   "Baldwin" -- says that storage in a locked apartment is satisfactory.

   "Bowskill" -- says that a loaded shotgun in a place where the owner is 
   there is not IN "storage."  It is in use for personal protection.

   "Davies" -- says that using a SWAT team on your home -- just because you own
   firearms -- turns the search into an "unreasonable" search, contrary to the
   Charter, and is grounds for voiding the search warrant.

   "Joe" -- says that having a firearm in a rear-window rack in a pickup, in 
   plain sight, in a vehicle parked on Main Street with the  doors unlocked 
   and a window half way down is not "careless storage" -- because the Crown 
   did not prove that the firearm was IN "storage."

   "Holborn" -- says that a loaded gun in a closet in a locked-up home where the
   owner is away and has lent  the key to a trusted friend is not "careless
   storage."

   "Smillie" -- Supreme Court of British Columbia -- says that CC s. 86(3) 
   violates the Charter by knocking out the defence of due diligence with its 
   language, and thereby becoming a law that can send a person to prison when 
   that person has not done anything wrong.  It cannot be used.

   "Mullen" -- provincial court level -- says that a loaded firearm stored in 
   an unlocked closet in a locked house to which only a trusted friend has a key
   is not "careless storage."

   An 8-pack is available by sending a donation of $15 or more to NFA, Box
   1779, EDMONTON AB, T5J 2P1. If you cannot afford the donation, the NFA will
   send it anyway -- enough people send extra to cover the poor.

   The NFA has worked long and hard to send out favorable decisions, which then
   result in more favorable decisions, which are then added to the "pack" we
   send out.

6.13 Is Hollow Point ammunition legal?

Posting by Dave Tomlinson in Digest v01n902 July 8/97

v01n902.txt

    
    I am not surprised that few people understand the situation on
    hollowpoint handgun ammunition, because it is really wierd.

    Cartridges, for the purposes of the Explosives Act, are classified as
    "explosives."  Therefore, before one can import a particular TYPE of
    cartridge, it must be examined by the Explosives Branch, under their
    Act, and be formally classified by the Explosives Branch as a
    "permitted explosive."

    The Explosives Branch refuses to classify hollowpoint handgun
    ammunition as a "permitted explosive," so it cannot be imported --
    except by police departments.  The Explosives Branch works a fiddle for
    them.  That requires that their ammunition be classified as a "permited
    explosive" -- or it is illegal to import it.  Details of how they work
    this fiddle are hard to come by.

    Often, the Explosives Branch will classify hollowpoint handgun
    ammunition as a "permitted explosive" IF the importer agrees to put a
    sticker on each box of cartridges saying, "For use in rifles ONLY."

    That has a fascinating result.  If you have such a box of cartridges,
    and load cartridges from it into your handgun, you have NOT broken any
    law.  The only possible charge is possession of an explosive which is
    not a "permitted explosive" -- but THOSE cartridges WERE classified by
    the Explosives Branch as a "permitted explosive."  Apparently, no
    charge can be laid.

    The Explosives Branch has charge of cartridges being IMPORTED, but not
    of cartridges made in Canada.  Therefore, hollowpoint handgun
    ammunition MADE IN CANADA is apparently legal -- whether made by some
    Canadian maker for sale to the police or made by a handloader in his
    basement.

    It is quite common to find hollowpoint handgun ammunition that was made
    for or imported by police departments for sale in stores or gun shows.
    That ammunition was either imported after being classified as a
    "permitted explosive" OR is a "permitted explosive" because the
    Explosives Branch had no jurisidiction over it.  Again, apparently no
    charges are possible.

    Dave Tomlinson, NFA

6.14 What's the status of Starter Pistols?

v02n933.txt

Posting by Dave Tomlinson:

   Read CC s. 84(3)(b)(i).  They are completely uncontrolled, and are not
   "firearms" under the law -- unless they fit the CC s. 84(1) definition of
   "replica firearm" and therefore become, under Cc s. 84(1) "prohibited
   device" (e), illegal.

   David A Tomlinson
   National President, NFA

6.15 When does my FAC expire?

   Every valid FAC became a licence on 01 Dec 98.

   Such an FAC/licence is valid until its expiry date [FA s. 120(3)(b)], or
   until a C-68 licence is issued to you.

   If you had a firearm but no FAC on 01 Dec 98, you have an invisible "deemed"
   licence valid until 01 Jan 2001 [CC s. 98(1)].

   If you had an FAC on 01 Dec 98, and it expires before 01 Jan 2001, you have
   an invisible "deemed" licence valid from its date of expiry to 01 Jan 2001
   [CC s. 98(2)].

   If you had an unrestricted firearm on 01 Dec 98, you have an invisible
   "deemed" registration certificate for it [FA s. 127(1)], valid until 31 Dec
   2002 [FA s. 127(2)(b)] 

   Possession of any firearm, without BOTH a licence and a registration
   certificate for it, has been a criminal offence since 01 Dec 98.
   Fortunately, most possessors are covered by invisible "deemed" documents,
   whether they know it or not.

   It does not HAVE to make sense.  It is GOVERNMENT POLICY.

   David A Tomlinson
   National President, NFA

6.16 What is the Lousy Loonie Campaign?

The Lousy Loonie campaign started from a discussion along the lines of "There are 7 million gun owners in Canada, if we only had one dollar from each of those owners...". The Lousy Loonie campaign is an attempt to collect one lousie loonie from people at Gun Shows, Gun Shops, wherever to be given to the NFA Legal Defence Fund. This fund is to be used to set legal precedence in court and defend the RFC when people are charged for firearms offences.

The Lousy Loonie Campaign was started by Mark Hughes. He can be reached at his email address "mkhughe@north.nsis.com". See the following page for an example of the campaign poster (requires Adobe Acrobat viewer):

http://magi.com/~freddo/loonie.pdf

Note: This link no longer works, and I have not heard of this campaign doing anything recently. (August 20, 2009)

You can get Adobe Acrobat free from:

http://get.adobe.com/reader/

Mark and other volunteers set up donation jars and any site where they think they can draw in money and forward ALL of the money to the NFA. If you see a jar donate, if you want to get involved contact Mark.

6.17 What is the PFCS? How did it come about?

PFCS stands for Practical Fireams Control System.

The ShopNFA site has a primer on the PCFS at (requires Adobe Acrobat):

PFCS - English

You can get Adobe Acrobat free from:

http://get.adobe.com/reader/

From the May 1999 Issue of POINTBLANK is the history of the PFCS.

     Quite frequently we are asked for the background of our proposed bill. 
     Here is the full story.

     Back in 1965 prior to becoming Prime Minister Pierre Trudeau brought in a
     very restrictive gun control bill with all the usual rationalizations. I
     looked at this and said " No way ". At the time I had access to 
     considerable communication methods and many contacts all over Canada 
     because of my extensive shooting activities. I used these and from that 
     came the first massive objections from the shooting fraternity. Shortly 
     after I had a meeting with Trudeau and he asked what we did want. I did\
     not know and neither did any of us.

     From that was formed a study group including reps from every group we could
     contact that had members that owned or used firearms plus lawyers and
     police. Standard management sense said find out if anyone else has done
     this, what they did and the results both in law and impact on safety in the
     community or country. We did this worldwide and got massive response. Why?
     Because it appeared no one anywhere had ever asked these questions before.
     When analyzed the results were amazing. It boiled down to primarily only 
     two basic methods. One concentrated on controlling and restricting the 
     gun in the hands of the citizens by use of registration and controls. 
     Result? Almost invariably constantly increasing violence. Barnyard common 
     sense - how do you make people safer by disarming the victims? The other 
     method did not control the gun. The professionals qualified the owner/
     users (we are the professionals in this area). Added to this was denying 
     legal access to those with a history of violence, drug abuse or mental 
     instability. This was done because studies showed that an average of 70% 
     of violent crimes involved people with this history. Two other factors 
     were applicable. For any threatened or actual misuse of any weapon 
     involving danger, injury or death severe mandatory penalties were 
     compulsory and consecutive - usually involving anyone involved in the 
     crime, not just the perpetrator. Finally all qualified owner/users had 
     the absolute right in law to protect self, family and property by any 
     means deemed necessary. Reduction of violence in areas with this method 
     was massive - and continues to do so today. We put the results together, 
     called them the Sportsmens Guidelines, and sent them off to Ottawa in 
     1966. Firearms owners, police and lawyers supported them across the 
     country.  After a considerable time it became obvious that nothing would 
     happen without some pressure. To do that I formed FLACK in the west and 
     Bill Jones formed FARO in the east. We grew and attempted to wake up both 
     gun owners and government. No luck. Next we formed a consortium of all 
     shooting related organizations called CASAL. That cratered. By this time 
     it was obvious that what was needed was a totally independent 
     organization representing all firearms owners with no other purpose but 
     this fight for proper, safe firearms law.
     The NFA was born and grew into a national organization. Unfortunately,
     because of financial and administrative problems it also cratered after a
     few years. After a delay of almost 3 years a group of the original workers
     in NFA got together and said we MUST have this organization and we must 
     make it work. In 1984 we spent a solid week in Whitehorse, analyzed every
     mistake, determined solutions and formed the present NFA. What we came up
     with is working.
     However all this time and following Canadian governments ignored the
     Sportsmens Guidelines.
     It was obvious that they would not willingly give up control or their
     bureaucratic empires. On top of that neither could they write sensible law.
     So approximately two years ago we sat down and, with the help of lawyers 
     and others we drafted the Practical Firearms Control System as something 
     that could be a complete replacement for all present firearms laws and
     regulations. You know the rest.

     Major R A Laycock

6.18 Can anyone tell me if a 4 inch barrel has to be returned for destruction to the police once removed from a handgun, this if one is not granfathered.

Reply to the above question by Dave Tomlinson:

 
    Date: Thu, 8 Apr 1999 06:18:43 -0600
    From: Dave Tomlinson 
    Subject: Re: 4 Inch Barrel

    No, the law does NOT require that.  It is a criminal offence to be in
    possession of such a barrel, which is defined as a "prohibited device"
    UNLESS it is part of a handgun which you can legally possess (as a
    "grandfathered" person, or as a person allowed by the Order in Council to
    keep until 01 Oct 99).  But how you dispose of it -- if and when you can no
    longer have it -- is entirely up to you.

    David A Tomlinson
    National President, NFA

6.19 Is it against the law to keep a loaded firearm at home?

 
    Date: Thu, 15 Jul 1999 06:11:11 -0600
    From: Dave Tomlinson 
    Subject: Re: Quizlet

    No, it is not.  It is a crime to STORE a loaded firearm, but not to keep one
    handy while you are at home.  It is a crime to load a firearm anywhere that
    you cannot lawfully discharge it, but fortunately there is no such place in
    Canada.  If a person is attacking you with a firearm, knife or axe, for
    example, it is perfectly lawful for you to shoot him with a firearm.  It is
    even more lawful if you can remember to shout "YOU ARE UNDER ARREST!"
    because if you shout that, and he continues to be a serious threat of death
    or grievous bodily harm to you or those under your protection, the
    protectons applicable to a police officer suddenly begin protecting YOU.

    Readings:  CC s. 494(1) and (3) plus CC s. 25(1)(a).  

    David A Tomlinson
    National President, NFA

6.20 What is the Hitler quote that wouldn't die? (The 1935 Quote)

This question has been added in order to try to put a stop to the use of the "This year will go down in history..." quote atributed to Adolf Hitler; sometimes called the 1935 quote. All attempts to prove that Hitler made the quote have come up empty. Read the below information on some of the attempts to prove the quote. To be sure you understand - the quote is false, all attempts to prove it have not produced one iota of evidence that it was ever stated by Hitler or anyone else in the Nazi organization..

[need a source for the below]

  The "Hitler" Quote That Wouldn't Die: "1935 Will Go Down In History!"
  --
  "This year* will go down in history!  For the first time, a civilized
  nation has full gun registration!  Our streets will be safer, our
  police more efficient, and the world will follow our lead into the
  future!"
  --falsely attributed to Adolf Hitler, "Abschied vom Hessenland!"
  ["Farewell to Hessia!"], ['Berlin Daily'  (Loose English Translation)],
  April 15th, 1935, Page 3  Article 2, Einleitung Von Eberhard Beckmann
  [Introduction by Eberhard Beckmann]

    This quotation, often seen without any date or citation at all,
  suffers from several credibility problems, the most significant
  of which is that the date given (*in alternate versions, the
  words "This year..." are replaced by "1935...") has no correlation
  with any legislative effort by the Nazis for gun registration,
  nor would there have been a need for the Nazis to pass such a
  law, since gun registration laws passed by the Weimar government
  were already in effect.  The Nazi Weapons Law (or_Waffengesetz_)
  which further restricted the possession of militarily useful
  weapons and forbade trade in weapons without a government-issued 
  license was passed on March 18, 1938.

     The citation usually given for this quote is a jumbled mess,
  and has only three major clues from which to work.  The first is
  the date, which does not correspond (even approximately) to a date
  on which Hitler made a public speech, and a check of the texts of
  Hitler's speeches does not reveal a quotation resembling this
  (which is easily understandable when you realize that "Hitler"
  is commenting on a non-existent law).  The second clue is the
  newspaper reference, which if translated into German resembles the
  title of a newspaper called _Berliner Tageblatt,_ and a check of
  the issue for that date reveals that the page and column references
  given are to the arts and culture page!  No Hitler speech appears
  in the pages of _Berliner Tageblatt_ on that date, or dates close
  to it, because there was no such speech to report.  Finally,
  the citation includes a proper name "Eberhard Beckmann," which
  is sometimes cited as "by Einleitung Von Eberhard Beckmann,"
  which is an important clue itself, because it reveals that the
  citation was fabricated by someone who had so little knowledge of
  the German language that they were unaware that "Einleitung"
  isn't the fellow's first name!  The only "Eberhard Beckmann"
  which has been uncovered thus far did indeed write introductions,
  but he was a journalist for a German broadcasting company after
  WWII, and he wrote several introductions to_photography books,_
  one of which was photos of the German state of Hesse (or Hessia),
  which may be the source of the curious phrase "Abschied vom
  Hessenland!" which appears in the citation.  This quotation,
  however effective it may be as propaganda, is a fraud.

6.21 I am a US citizen what do I need to know about transporting firearms in Canada?

  Date: Thu, 10 Jun 1999 05:51:31 -0600
  From: Dave Tomlinson 
  Subject: Re: crossing the border

  I have planned a trip to Alaska this year and I want to go from the
  Ankorage to Haines. This requires me to cross in the Yukon for about 200
  miles. I will have a firearm with me and I don't want to leave it behind
  while in Haines,AK.  I understand that they use to tape the gun case as you
  cross the border into Canada and cut the tape when you get back into
  Alaska...  Please advise...

  Gun laws here in a state of flux while new law is failing.  Call
  1-800-731-4000 to get the latest requirements (which will probably be
  obsolete in a week).  Then get it IN WRITING -- because if you have an
  official letter telling you to do it the way you are doing it, you are
  bombproof.  Any charge against you will be thrown out because you did what
  you did through "official misdirection."

  David A Tomlinson
  National President, NFA

6.22 Is a FAC or PAL required to sell a firearm?

  Date: Thu, 15 Jul 1999 06:25:11 -0600
  From: Dave Tomlinson 
  Subject: Re: FAC required to sell?

  >No, no one needs an FAC/PAL to SELL a gun.  The FAC/PAL is needed ONLY WHEN
  >OBTAINING a gun.  Robin Leech

  Right, and wrong.  The regulations require the seller to tell the CFO the
  number of his licence or FAC/PAL, but the regulations "deem" him to have
  done that if he does not have one.

  It doesn't HAVE to make sense.  It's GOVERNMENT POLICY.

  David A Tomlinson
  National President, NFA

6.23 I have a FAC should I get a PAL?

 
  Date: Tue, 20 Apr 1999 06:02:07 -0600
  From: Dave Tomlinson 
  Subject: Re: FAC

  >I HAVE A FAC THAT EXPIRES IN 2001. SHOULD I LEAVE WELL ENOUGH ALONE OR
  >SHOULD I PUT A NEW APPLICATION IN?

  Wait.  If you get a PAL, it will void your FAC immediately.

  David A Tomlinson
  National President, NFA

6.24 Is there any obligation for people to report firearms being lent?

  Date: Thu, 3 Jun 1999 06:05:36 -0600
  From: Dave Tomlinson 
  Subject: Re: Lending SBH

  No.  Read FA s. 21, then 33.  If you do not have copies of (a) the Firearms
  Act, (b) the firearms sections of the Criminal Code and (c) the March 1998
  Regulations, GET THEM!  Call 1-800-731-4000 and ask for your free copies.
  No pamphlet, manual, or other document -- including this one -- should be
  trusted.  READ THE LAW.

6.25 Could you shed some light on the firing range issue?

  Date: Wed, 28 Apr 1999 23:14:22 -0600
  From: Dave Tomlinson 
  Subject: Re: Gun ranges and insurance

  >Could somone shed some light on the firing range issue, I live in a
  >small rual community in s.w Ontario, and we shoot skeet at a fellows
  >farm, where can I find out info on regulations and insurance needs?

  Call 1-800-731-4000 and ask for:

  1.  A copy of the March 1998 Regulations

  2.  A copy of the Firearms Act

  3.  A copy of Chapter III of the Criminal Code.

  Do NOT accept any other publication, as many of the CFC's publications
  contain serious errors of law.  You can only be SAFE by going to the law 
  itself.

6.26 Can a non-grandfathered person sell grandfathered firearms?

  Date: Thu, 15 Jul 1999 06:26:09 -0600
  From: Dave Tomlinson 
  Subject: Re:Storage of ammo.

  >My PCFO tells me that only grandfathered individuals can sell to other 
  >grandfathered individuals. And since individuals who bought these hand 
  >guns after 1995 are deemed NOT to be grandfathered, they can not sell 
  >these guns.???

  WRONG.  Any person who has such a firearm, bought after 14 Feb 95, HAS A
  LICENCE that covers it.  That licence is an invisible "deemed" licence,
  granted by March 1998 Firearms Act Regulations, regularion 13, "Conditions
  of Transferring Firearms and Other Weapons Regulations," page 33.

  Such a person also has ANOTHER invisible or visible "deemed" licence,
  granted under CC s. 98(1) or (2), and MAY have a third licence, granted by
  FA s. 120.

  It doesn't HAVE to make sense.  It's GOVERNMENT POLICY.

  David A Tomlinson
  National President, NFA

6.27 What locations should I enter on an Authorization to Transport?

  Date: Tue, 25 May 1999 06:42:26 -0600
  From: Dave Tomlinson 
  Subject: Re: ATT

  >Could I please ask you for your advice on the application form for the new
  >ATT. 
    [snip]
  >What I need to know is what do I put down as appropriate answers for the 
  >questions of times and places to shoot?

  As many clubs as you have addresses for, in your province and out, and for
  year-round shooting.  They seem to have the idea that they SHOULD exert
  minute control over every bit of our activities.  If that causes them to be
  buried in paper that they then have to deal with themselves, that is not OUR
  fault.  Photocopies of ALL firearms registrations held by the person should
  accompany the application -- whether they are usually used for target
  practice or not.  One MIGHT want to use them, and it would be a pity not to
  cover everything one might want to shoot, and every place one might want to
  shoot.  That may generate more paper and make more work for our employees --
  but if the federal government wants complexity, they will just have to live
  with the results -- as we do.

  Before long, they may decide to use "any shooting range in the province" and
  "any firearm for which the registration certificate is held by the holder of
  this ATT" -- to save themselves work.  One can hope -- but it seems probable
  that the day of that change will depend upon how many people apply for
  "maximum" ATTs.

  Never show a bureaucrat how to serve YOUR self-interests.  Show him how to
  serve HIS self-interests.  It is in the bureaucrats' self interests to
  simplify this mishmash -- at least until C-68 Titanic has sunk completely.

  David A Tomlinson
  National President, NFA

6.28 I'm moving to the US, how can I protect my grandfathered status?

 
  Date: Wed, 16 Jun 1999 06:41:12 -0600
  From: Dave Tomlinson 
  Subject: Re: questions

  >I'm moving to the US (temporarily), so I have some questions
  >about what the CFC told me (since their answers arent' worth
  >the electronic paper they're not written on):
  >They tell me:
  >* I can temporarily store my prohibited firearms with someone
  >  else (who is also grandfathered), without transferring
  >  ownership.  This will protect my grandfathered status (.32 & FN FAL)

  The proper way to do this is to LOAN the firearms, complete with
  registration certificates, to the person who will store them for you.  The
  load is not a "transfer" [FA s. 21] but the registration certificate MUST
  accompany the firearm [FA s. 33].  You will need an Authorization To
  Transport (ATT) in order to get them to their storage location legally.  All
  documents should be carefully preserved, as you may have to prove the "paper
  trail" someday.  All documents should be photocopied and stored in at least
  three locations for the same reason.

  [snip]

  David A Tomlinson
  National President, NFA

6.29 If my grandfathering firearm is lost do I lose my grandfathered status?

 
  Date: Fri, 11 Jun 1999 06:16:58 -0600
  From: Dave Tomlinson 
  Subject: THEFT, INSURANCE AND OWNERSHIP

  >Since the stolen PPK was replaced, does not the original, grandfathered
  >PPK, become the property of the insurance company -- meaning the
  >original SBH owner no longer owns a grandfathered SBH ?

  To be "grandfathered," the person had to have "on February 14, 1995 (a) held
  a registration certificate...for one or more of those handguns, or (ii) had
  applied for a registration certificate that was subsequently issued...for
  one or more of those handguns, (b) on [01 Dec 98] held a registration
  certificate.. for one or more of those handguns; and (c) beginning on [01
  Dec 98] was continuously the holder of a registration certificate for one or
  more of those guns."

  Registration has nothing to do with ownership.  It has to do with
  possession, because the registration certificate authorizes possession -- no
  matter who owns the firearm.  "Grandfathering" has nothing to do with
  ownership or possession.  It has to do with holding a registration
  certificate, and the registration certificate is still held by the previous
  owner after the firearm has been stolen, and after the ownership has been
  transferrred to the insurance company.

  It does not HAVE to make sense.  It is GOVERNMENT POLICY.

  This clarification is offered by the NFA.  Print and keep, you may need it
  later.

  David A Tomlinson
  National President, NFA

6.30 What is this FIP database thing I'm hearing about?

FIP stands for Firearms Interest Police. Read the below post from Dave Tomlinson for more information.

  Date: Tue, 20 Jul 1999 07:14:54 -0600
  From: Dave Tomlinson 
  Subject: THE FIP FILES -- POLICE TRAINING

  >Despite slow progress, the new national register has had positive results.
  >It now makes it possible to identify 423,000 firearms owners, including
  >persons already registered under the former legislation.  This data,
  >contained in a computerized database, can be linked with data in other
  >registers, such as the Canadian Police Information Centre (CPIC) and the
  >Firearms Interest - Police (FIP) databases.

  >The FIP database is an index of all persons involved in violent incidents in
  >Canada.  Linking FIP with the new database makes it possible to identify
  >persons who own firearms and have already been involved in violent
  >incidents.  ''In these cases, a warning message appears automatically,''
  >explains Valin.  These persons' firearms licences can then be revoked.

  That is, unfortunately, false.  The FIP database is NOT "an index of all
  persons involved in violnt incidents."  It is a witch hunt file.

  The CFC issued a series of brief video training tapes, as training materials
  for the police.  Each item runs about five minutes, and each covers some
  aspect of firearms control.

  The FIP training video is most interesting:  Two officers arrive in response
  to a neighbor's complaint about a loud stereo.  They tell a man, out on his
  own lawn and drinking pop out of a can, of the complaint and ask him to turn
  the stero down.  He, in turn, complains that the neighbor is always
  complaining about SOMETHING.  He throws the can to the ground.  THAT is the
  only "violent incident."  THAT is specified as solid grounds to enter his
  name in the FIP file as a person who cannot control his anger.

  David A Tomlinson
  National President, NFA

6.31 How does C-68 affect ammunition purchases?

  Date: Wed, 29 Sep 1999 09:33:14 -0600
  From: Dave Tomlinson 
  Subject: Re: Bill C-68

  >Dave,
  >Assuming Bill C-68 continues as planned, what will the necessary
  >requirements be to purchase ammunition after January 1, 2001?

  FA s. 25(a) allows purchase, today, IF the buyer "holds a licence
  authorizing him or her to possess firearm or a PRESCRIBED DOCUMENT
  [prescribed by regulation -- emphasis added]."

  Regulation 1 of the "Non-Prohibited Ammunition Transfer Document
  Regulations" defines a Pprescribed document,"  IF the holder is over 18, as
  one that is:"

  "(a) valid, (b) has on it the date of birth or age of the holder, AND was (i)
  issued by a federal, provincial or municipal government, (ii) an agency,
  board or commission of such a government, (iii) a foreign government, OR
  (iv) a post-secondary education institution accredted by a province."

  "IF the buyer is under 18, he or she can ONLY use a minor's permit issued
  under CC s. 110(6) or (7) of the previous Act."

  A C-68 style licence can also be used to buy ammunition.

  AFTER 01 Jan 2001, ONLY a licence can be used.  The above documents stop
  working then.

  David A Tomlinson
  National President, National Firearms Association
  Ph: (780)439-1394  Fax: (780)439-4091  natpres@nfa.ca
  Box 1779, EDMONTON AB, T5J 2P1

6.32 What are the limits on magazine capacities?

Thanks to Dave Tomlinson for his direct answer for the FAQ.

CAUTION: Local game laws can change the answers given below. Typically, they may limit shotgun magazine capacities to two cartridges, and centrefire semi-automatic rifles to 5 when hunting, and conversions to lower capacity need not be permanent. All C-68 limitations given below must be PERMANENT conversions. There is nothing solid on what consititutes a permanent conversion, beause the regulation contradicts itself, in paragraphs (4) and (5) on page 2715.

A. Bill C-68 outlaws ( as a "prohibited device") any magazine that will accept more than X cartridges.

  1. For a centrefire OR rimfire handgun, X = 10.
  2. For a .22 rimfire rifle or shotgun, X = unlimited.
  3. For a centrefire semi-automatic rifle or shotgun, X = 5.
  4. For a manually-operated rifle or shotgun, X = unlimited.
  5. For various named exotic firearms, X = 5.
  6. For FA and CA firearms, X =5.
  7. For handguns not commonly available in Canada, X = 5.

There are also named exceptions, including ANY magazine "originally designed or manufactured for use in" the M1 Garand rifle or Lee Enfield (some experimental semi-autos use Lee Enfield magazines), drum magazines ONLY for the Lewis, Vickers or Bren MGs, some Hotchkiss strip feeds, saddle-drum magazines for the MG 13, MG-15, MG 17, MG-34, T6-200 and T6-220, and all original (not reproduction) belts for MGs of a type that existed before 1945.

Also exempt are Luger "snail-drum" magazines, handgun magazines manufactured before 1910, Mauser "broomhandle" handgun magazines, and a few more "exotics."

REFERENCE: Canada Gazette, Part II, Vol 132 No 20, pages 2713-15.

David A Tomlinson
National President, National Firearms Association
Ph: (780)439-1394 Fax: (780)439-4091 natpres@nfa.ca
Box 1779, EDMONTON AB, T5J 2P1

6.33 What are my rights when crossing the border?

Thanks to Peter Kearns for writing this answer directly for the FAQ.

YOUR RIGHTS AT THE BORDER - From Peter Kearns

Any customs officer may search anyone or anything he wishes at our borders or entry points. This can include at their discretion a cavity search or x-ray of your person. They do not have to justify their reason for search, as the Customs Act section 99(1) exempts them from the Charter requirement to demonstrate reasonable grounds.

If a customs officer asks you if you mind him searching your vehicle, you should always agree. But then ask, Are you detaining or arresting me, and for what reasons? To search you or your vehicle, it is logical that you must be detained while this happens. To legally detain you they must advise you of your right to counsel, as well as their reasons, and you can insist that counsel be present.

Remember that you are only required to respond to questions specifically about goods you declared. The Act requires you answer questions about declared goods truthfully and in detail. It does not require you respond to observations or questions about any other matter. If the officer asks, what else do you have? or I don't think you are telling the truth. Shut up and don't respond. If the questions continue ask why you are being detained, and if the officer tells you that you are not, then you may immediately leave.

Your advantage is you only need reply to questions about declared goods. You do not have to say where you have been, for how long, or reveal the purpose of your trip. Section 99(1) of the Act defines the power to search without cause. Sections (1) (c,) (d,) (d1,) (e,) and (f) require they be able to prove reasonable grounds for their actions. (This includes detentions and arrests.) If they detain you, demand your legal counsel be present before they search. (That limits the opportunity for contraband to magically appear.) Remember: Yes, you may search, but you are detaining me, so I demand a reason? They are then required to advise you of your rights. When they find nothing then you may seek substantial damages in Federal Court.

6.34 Do flintlocks have to be registered?

Read the below snippet cut from a posting to the CFD Digest.

  Date: Fri, 17 Sep 1999 06:05:27 -0600
  From: Dave Tomlinson 
  Subject: FLINTLOCKS AND CONTENDERS

  >I have a L.H. flintlock rifle and as far as I can determine, it, like the
  >caplocks and matchlocks doesn't have to be registered.  Now I am comfortable
  >with left or right hand shooting but would prefer to shoot right handed.
  >Here is the rub.  If this style of gun does not have to be registered, is
  >there perhaps a loophole in C-68 Titanic which would allow me to just trade
  >my rifle with someone who has a R.H. flinter?  Logically it should be like
  >trading jackknives but I am sure the idiots would scream no! no! N0!!! and
  >present their opinions, all of course negative.  As the NFA has pointed out
  >time and time again, an opinion is not law so I refuse to discuss this with
  >any of them.  Can you tell me if it is legal to just trade over or is it
  >another stupid situation?

  ALL flintlock long arms, regardless of date of manufacture, are "antique
  firearms" under CC s. 84(1) "antique firearm" (a) and (b).  The (b)
  paragraph refers to Order in Council SOR/98-464 (1), which defines "A
  reproduction of a flintlock, wheel-lock, or matchlock firearms, other than a
  handgun" as an "antique firearm."

  Then CC s. 84(3)(a) says that "an antique firearm" is NOT a firearm "For the
  purposes of [CC s.] 91 to 95, 99 to 101, 103 to 107, and 117.03...AND THE
  PROVISIONS OF THE FIREARMS ACT..."

  (It is a "firearm" for all the non-listed other parts of the Criminal Code.
  For example, if you POINT it at someone, that IS a violation of CC s. 87,
  "points a firearm at another person..." because it is only "not a firearm"
  for the purposes of the sections listed in CC s 84(3).)

  Therefore, neither the transfer provisions in the Firearms Act not its
  requirements for a licence and registration certificate apply to any
  flintlock, matchlock or wheel-lock long arm.  They can be bought, sold,
  traded, loaned, leased, rented, inherited, or given -- as simply as a
  hunting knife.  They are NOT subject to any C-68 Titanic controls at all.

  [snip]

  David A Tomlinson
  National President, National Firearms Association
  Ph: (780)439-1394  Fax: (780)439-4091  natpres@nfa.ca
  Box 1779, EDMONTON AB, T5J 2P1

6.35 I'm moving to the U.S. what do I need to know about my firearms?

This section was provided my Keith de Solla who moved to Austin Texas in August 1999. This section is included to give you an idea of what you are up against. Do not take this as the last word as there may be details that are different with your move as well as changes to the laws in the US both at the federal and state levels. Thanks to Keith for taking the time to write this section.

Moving to the US with Firearms

This section deals with the requirements of importing firearms into the US if you are moving there. This does not apply to those bringing firearms in temporarily for hunting or target shooting events.

Notes:

Many firearms are NOT importable, for instance:

Interstate Transport of Firearms

Notes:

Firearms law varies considerably from state to state. You will need to find out information on each state's law for those that you will spend a extended period of time in. The following methods could be used to discover more infomation on individual states firearms laws:

It is important that you do not overlook individual state's laws on firearms. For instance, some states have laws on how close you may be to a school with a firearm. It is believed that this applies to firearms that are locked in the trunk of a car driving past the school.


Author: Don Shesnicky
Date: Mon Oct 4 20:48:46 EDT 1999
Create By: makefaq v1.0
Updated and archived: August 20, 2009 by Howard R. Hamilton