Using a Handgun on Private Property

Just what IS a good reason to have a loaded gun? Living just outside of Cochrane it might be valuable to know how to handle your gun when something is breaking into your barn. I would think that practice would be a big help and a good reason to load that gun and proceed in a safe manner.

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Originally Posted by welsh

The law applies to everyone, provided the elements of the offence are made out.

As I pointed out above, there is a clear defence to the loaded firearm charge. It would be unlikely that anyone would ever be charged with loading a firearm in a self-defence scenario, as the charge is farcical if the real issue is assault, attempted murder, or murder. The intent of the law is to deter people from keeping guns loaded where they have no need of a loaded gun.

I am generally opposed to mandatory minimums because they remove judicial discretion. In Forcillo's case, however, I'm not much bothered. There are no s.7 grounds to complain that the punishment is inappropriate, because the intent element is not really in doubt: intent is the heart of attempted murder. We can make a sound argument that an attempted murder with a firearm ought to be punished more severely than an attempted murder with a knife, because knives do not kill innocents passers-by.

He did the crime, and he can do the time.

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Originally Posted by Bluebulldog

As already indicated by Welsh and Species. PC Forillo was convicted. The judge in fact had the power to recommend a lower charge to the Crown.

Mandatory minimums are not something I'm in favour of, as sentencing is often one of the biggest bargaining chips between Crown and opposing counsel.

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Originally Posted by Species8472

So does your definition of eager mean "tried and convicted criminal?"

The mandatory sentence is too light in Forcillo's case. I fully expect a gang banger to kill people. A police officer on the other hand is supposed to be trustworthy and violating the public trust should be dealt with harshly. If his criminal conviction stands PC Forcillo should be given the maximum sentence possible under our legal system. If tried and convicted by our system and the conviction stands than he is worse than a gang banger (everbody knows they are douche bags and expects their behaviour to reflect this). Forcillo on the other hand was someone masquerading as a trustworthy individual who committed criminal acts while supposedly serving in a position of authority and trust (reminds me of kiddy diddling priests - different crime but same principle).

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I agree.

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Originally Posted by Gilroy

I agree.

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Yep! X2,these are excellent,accurate observations......now that we've completely hijacked this thread. :rolleyes:

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Originally Posted by patvetzal

Just what IS a good reason to have a loaded gun? Living just outside of Cochrane it might be valuable to know how to handle your gun when something is breaking into your barn. I would think that practice would be a big help and a good reason to load that gun and proceed in a safe manner.

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If you are referring to me patvetzal you are right like the old saying practice make perfect but if something is breaking into my barn I want my 30.30 in my hands cuz that something is going to be a bear.

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Originally Posted by The Northerner

If you are referring to me patvetzal you are right like the old saying practice make perfect but if something is breaking into my barn I want my 30.30 in my hands cuz that something is going to be a bear.

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Apparently, you live in a bad neighbourhood. :)

Living out of the GTA, we don't know if the noise is a bear after the calf or a kid after our ATV. And won't know until it is already too late to wait for 911.....

Unfortunately if it is a kid after your atv, you need to just go out and make sure it is filled with gas, or if it is a burgler to help them carry out all your expensive stuff, should heaven forbid you defend yourself or your home and they get a sliver you will loose everything and do some jail time!!

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Originally Posted by Shinerboy

Unfortunately if it is a kid after your atv, you need to just go out and make sure it is filled with gas, or if it is a burgler to help them carry out all your expensive stuff, should heaven forbid you defend yourself or your home and they get a sliver you will loose everything and do some jail time!!

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No kidding. And in rural areas like yours, it's not like the police are going to be there in time to actually prevent the crime.

BTW, welcome....I have a cottage just South of you.

We really put a beat down on a guy we finaly caught theiving from our shop, then chased him with our dog into the swamp out to the highway......word spread and never had any issues after that hahaha

Shine boy......Nice meal of F&C late one night last November at The Codfather.....Near your place? Heading home after an eight hour trip to buy a wood boiler