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Thread: Gerald Stanley; charges he improperly stored 7 guns

  1. #51
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    Quote Originally Posted by welsh View Post
    Provincial law can't nullify the Criminal Code. The exceptions for predator control are quite clear.

    Given the number of charges I would expect the Crown has something solid here.

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    No doubt, there are things that have not been included in this list (may be part of the charges just not listed) that I am sure he will have the book thrown at him for. They list storage violations but this could always expand.

    In Ontario though you can have firearms unlocked and in the open for the purpose of predator control as long as the ammunition is not "readily available" but that builds in grey area and probably does so on purpose.
    Last edited by Fox; February 21st, 2018 at 02:14 PM.

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  3. #52
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    Quote Originally Posted by Fox View Post
    There is a picture of his closet, they have an evidence tag on what looks like a gun case, they may just have been grasping at straws and depending on political pressure this could drag on for a good long while.

    If he did things like many farmers I know and just have the guns tucks in corners of his shops and garages then there is not much he can really do to explain that away, unless he goes into the provincial hunting and protection of his farm against wild animals, which there are laws for in Ontario but unaware of them for Sask.
    Most information I have found supports your position,here is a copy of a post I found on this topic which seems well informed IMHO

    "With the exception of laws respecting National Parks, National Defence property, and federal Crown land, no other Acts of Parliament or regulations made under Acts of Parliament apply to the loading, handling, and discharging of firearms generally. Section 29 of the Firearms Act prevents anyone from operating a shooting range unless the shooting range is approved by the applicable provincial Minister. A shooting range is defined in the Shooting Clubs and Shooting Ranges Regulations as "a place that is designated or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions." Again it is of note that the section makes no distinction based on the class of firearm and applies to all firearms of any class, including non-restricted, restricted, and prohibited. A person cannot therefore shoot any firearm, even on their own property, if it is done on a regular and structured basis for the purpose of target practice or target shooting competitions.

    What is "a regular and structured basis"? These terms are not defined in the Firearms Act or the various Regulations under the Firearms Act, so we must turn to their ordinary dictionary meanings. The Oxford Dictionary of English defines "regular" as "arranged in or constituting a constant or definite pattern, especially with the same space between individual instances" or "recurring at short uniform intervals" or "used, done, or happening on a habitual basis; usual". "Structured" is defined in the Oxford Dictionary of English as "constructed or arranged according to a plan; give a pattern or organization to". Until someone is charged with operating an illegal range and the definitions tested in Court, that is the best we can do.

    In Ontario, the main Act which regulates firearm use in the Province is the Fish and Wildlife Conservation Act, 1997. Most of its provisions deal specifically in the use of firearms for hunting; the only provisions which is of general applicability to our question are s. 9(2) which prohibits the possession of any firearm in a Provincial Park or a Crown game preserve, except in certain prescribed circumstances and s. 17(1) which prohibit having a loaded firearm in a vehicle. Outside Ontario, reference would have to be made to the applicable Acts of the legislature of the Province in question and of any regulations made under such Acts.
    ...

  4. #53
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    Quote Originally Posted by Fox View Post
    In Ontario though you can have firearms unlocked and in the open for the purpose of predator control as long as the ammunition is not "readily available" but that builds in grey area and probably does so on purpose.
    That's an exception in the Firearms Act. It's not Ontario law.



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  5. #54
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    Quote,”A shooting range is defined in the Shooting Clubs and Shooting Ranges Regulations as "a place that is designated or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions." Again it is of note that the section makes no distinction based on the class of firearm and applies to all firearms of any class, including non-restricted, restricted, and prohibited. A person cannot therefore shoot any firearm, even on their own property, if it is done on a regular and structured basis for the purpose of target practice or target shooting competitions.”

    This deals with commercial shooting ranges, where competitions and shoots are ongoing, not a range set up in a farmers back 40.

  6. #55
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    Quote Originally Posted by fishermccann View Post
    Line 052, I dare say, most voters do not want property owners to have the right to shoot others because they are on, or to protect their property. Protect a life absolutely , all can agree with that , but to protect 'stuff' , most would not.
    I agree, can you imagine how Mr Stanley is going to live with this death on his conscience until he dies. Also the thought that at any time somebody may seek revenge,how safe will this make him feel for his family.Terrible tragedy for all concerned.

  7. #56
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    Quote Originally Posted by rick_iles View Post
    Quote,”A shooting range is defined in the Shooting Clubs and Shooting Ranges Regulations as "a place that is designated or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions." Again it is of note that the section makes no distinction based on the class of firearm and applies to all firearms of any class, including non-restricted, restricted, and prohibited. A person cannot therefore shoot any firearm, even on their own property, if it is done on a regular and structured basis for the purpose of target practice or target shooting competitions.”

    This deals with commercial shooting ranges, where competitions and shoots are ongoing, not a range set up in a farmers back 40.
    Are you taking the position that one can set up a range in a farmers back 40 and fire off a restricted firearm?

  8. #57
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    Quote Originally Posted by Gilroy View Post
    Are you taking the position that one can set up a range in a farmers back 40 and fire off a restricted firearm?
    I’m saying there is no offence of “illegal discharging of a restricted firearm”. There are no regulation that require the discharge of a restricted firearm only at a sanctioned range.
    The only charges that would apply, are careless use of a firearm, if there was evidence to support “careless”. Note that section says nothing about that class of firearm in particular, but any firearm.
    So, to answer your question, if an owner of a restricted firearm were to set up a range on his property, there is no offence provided all safety concerns were met. I am speaking of rural property obviously.
    If you can remember an offence for simply discharging a restricted firearm in a place other than a range, let me know.
    Last edited by rick_iles; February 21st, 2018 at 03:32 PM.

  9. #58
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    Quote Originally Posted by rick_iles View Post
    OR, did that statement mean that the firearm possession was not germane to the charge being heard at that time??
    Possibly.
    If a tree falls on your ex in the woods and nobody hears it,you should probably still get rid of your chainsaw. Just sayin'....

  10. #59
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    Quote Originally Posted by Gilroy View Post
    Are you taking the position that one can set up a range in a farmers back 40 and fire off a restricted firearm?
    Let's put it this way,who is going to call the cops on their own property? Are you going to call them on yourself? There's no law that says you can't build your own range providing you don't bother others and it's built safely. Really,all that's needed is an adequate backstop.
    Last edited by trimmer21; February 21st, 2018 at 04:11 PM.
    If a tree falls on your ex in the woods and nobody hears it,you should probably still get rid of your chainsaw. Just sayin'....

  11. #60
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    Quote Originally Posted by Gilroy View Post
    I agree, can you imagine how Mr Stanley is going to live with this death on his conscience until he dies. Also the thought that at any time somebody may seek revenge,how safe will this make him feel for his family.Terrible tragedy for all concerned.
    One of these hooligans was punching his wife in the face. Under these circumstances I would live and Sleep soundly for the rest of my life.

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