RCMP declares 10+ round 10/22 mags prohibited

[mooboy76]

This is the clarification from the RCMP - CFP



http://www.rcmp-grc.gc.ca/cfp-pcaf/notice-avis-2016-07-27-eng.htm

22 Long Rifle calibre magazines for 10/22 platform firearms

***In light of several inquiries received recently regarding the legal status of 22 Long Rifle calibre magazines for 10/22 platform firearms, please see the following information:***

This further explains the Special Bulletin for Business No. 72 that was issued in September 2013.

The maximum capacity of a cartridge magazine is set out in Part 4 of the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted (the Regulations) under the Criminal Code. Pursuant to the Regulations, a magazine that has a capacity which exceeds the maximum permitted capacity is a prohibited device.

Specifically, paragraph 3 (1)(b) of the Regulations prohibit a cartridge magazine that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

22 Long Rifle calibre magazines designed or manufactured for 10/22 platform rifles are also inherently designed or manufactured for 10/22 platform handguns. Because 22 Long Rifle calibre 10/22 platform magazines are designed or manufactured for use in a semi-automatic handgun, they are prohibited devices if they are capable of containing more than 10 cartridges. The 10 cartridge limit for the 10/22 platform applies irrespective of the type of firearm it is used in.

Questions and Answers

Table of contents
- What are the latest changes to the legal status of 22 Long Rifle calibre magazines designed for the 10/22 platform of firearms?
- What magazines are prescribed as prohibited?
- Are 10 cartridge 22 Long Rifle calibre 10/22 platform magazines prohibited?
- Am I criminally in possession of a 22 Long Rifle calibre magazine?
- If I am in possession of a 10/22 Long Rifle calibre magazine, how do I comply with the law?


What are the latest changes to the legal status of 22 Long Rifle calibre magazines designed for the 10/22 platform of firearms?
The legal status of 22 Long Rifle calibre magazines designed for the 10/22 platform of firearms has not changed.

The Regulations prohibit a cartridge magazine that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.


What magazines are prescribed as prohibited?
Magazines designed for 22 Long Rifle calibre 10/22 platform firearms that have not been altered, or "pinned", so that they can hold more than 10 cartridges are prohibited devices.


Are 10 cartridge 22 Long Rifle calibre 10/22 platform magazines prohibited?
No. Factory made 22 Long Rifle calibre 10/22 platform magazines that cannot hold more than 10 cartridges are not prohibited.


Am I criminally in possession of a 22 Long Rifle calibre magazine?
If you are in possession of a 22 Long Rifle calibre magazine for 10/22 platform firearms that is not permanently altered, or "pinned" to meet the maximum capacity of a cartridge magazine, as set out in the Regulations, you may be in possession of a prohibited device.


If I am in possession of a 10/22 Long Rifle calibre magazine, how do I comply with the law?
A 10/22 platform magazine permanently altered, or "pinned", so that it cannot hold more than 10 cartridges, is no longer considered to be prohibited. Subsections 3(4) and 3(5) of Part 4 of the Regulations as outlined below describe the acceptable methods of altering or re-manufacturing a cartridge magazine so that it cannot hold more than the legal limit.
3(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.
3(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes: (a) the indentation of its casing by forging, casting, swaging or impressing;
(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or
(c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.

Lawful disposition options are available if you no longer wish to possess an overcapacity magazine. Please contact the Canadian Firearms Program at 1-800-731-4000 for further details.

[mooboy76]

It's not really Ruger's doing. It's the Firearms Act's doing.

But this is not the effect of a poorly worded law. The Firearms Act is doing just what it was intended to do. I'm sure that observation will tick some people off, but that's reality.

The aim of the mag restrictions in the Firearms Act is simple: restrict semi-auto long guns to 5 rounds (except for .22 LR) and semi-auto handguns to 10.

In the case of rifles made to take handgun magazines, the wording of the Act allows those magazines. A handgun magazine doesn't become a prohibited device because someone designs a rifle to use it. This is a loophole in the Act that works in favour of gun owners.

But in this case, the 10/22 receiver is shared by both handgun and rifle. The magazine is not designed to fit a barrel length or a shoulder stock; it's designed for the mag well of a 10/22 receiver. The mags do not belong to the rifle design. And prohibiting handgun mags with a capacity over 10 rounds is just what the Act is supposed to do.

I guess Glock owners had better hope that Glock doesn't make a rifle format for their receiver that takes the handgun magazines.

If applied in this style, I would think we will see new bulletins on those existing 715T magazines, and maybe a revisit to the LAR-15.

On the other hand, the 'platform' before 2007 was only rifle-based, so all of the magazines manufactured prior to the design of the 22 Charger were designed and manufactured for a rifle. The courts will perhaps need to decide whether the interpretation is retroactive to the existence of a handgun based on that receiver.

Also, let us all be clear: This is not part of the Firearms Act; this is from the Criminal Code regulations.

[welsh]

Also, let us all be clear: This is not part of the Firearms Act; this is from the Criminal Code regulations.

I stand corrected.

[mooboy76]

MP (Prince George) Bob Zimmer has written a letter to the RCMP Commissioner, Bob Paulson, regarding the situation.

http://www.bobzimmer.ca/wp-content/u...-magazines.pdf

[Snowwalker]

MP (Prince George) Bob Zimmer has written a letter to the RCMP Commissioner, Bob Paulson, regarding the situation.

http://www.bobzimmer.ca/wp-content/u...-magazines.pdf

BREAKING NEWS MP Bob Zimmer under RCMP investigation. Details tonight on CBC.........

Well not yet but how long before they decide they can get away with that too.

[mooboy76]

BREAKING NEWS MP Bob Zimmer under RCMP investigation. Details tonight on CBC.........

Well not yet but how long before they decide they can get away with that too.

LOL

Actual BREAKING NEWS:

CSSA and the Canadian Sporting Arms and Ammunition Association (CSAAA) are now collecting names and donations for the class action suit they are bringing against the RCMP. Ed Burlew LLB is conducting the legal action.

FOR IMMEDIATE RELEASE - July 28, 2016 ETOBICOKE, ONTARIO - The Canadian Shooting Sports Association (CSSA), representing recreational firearms owners, has joined with the Canadian Sporting Arms and Ammunition Association (CSAAA), representing firearms business owners, to empower legal action against the recent decision by the Royal Canadian Mounted Police Firearms Program to prohibit several brands of imported 10/22 extended capacity rifle magazines.

The CSAAA and CSSA Boards of Directors voted late last week to raise and contribute funding to a legal defence fund to make this legal action possible.

The action will be conducted by noted firearms lawyer Edward L. Burlew, L.L.B. , General Counsel for the CSSA.

Mr. Burlew states, "This recent, sudden reversal deprives legal firearms owners of their property rights and attacks their freedom. The RCMP has a duty to every Canadian to act fairly and consistently. The recent decision to reverse position on Ruger 10/22 magazines holding over 10 cartridges is a deliberate move to cause serious worry to hundreds of thousands of Canadians, licenced firearms dealers and importers."

Burlew adds, " A Federal Court Class Action on behalf of all persons, individuals, dealers and distributors who now possess cartridge magazines to fit the Ruger 10/22 that can contain more than 10 cartridges will be commenced. The purpose of the action is to seek a judgement that these magazines are not prohibited, to declare the magazine capacity restrictions void as unconstitutional or in the alternative to force a buy-back of each at full retail value. A claim for the intentional infliction of mental distress due to the fear of police action and criminal charges will be included."

Individuals are advised not to use, transfer, dispose of, alter or modify, or transport these magazines at this time.

At this time, due to the controversy, importers, dealers and individual owners are advised to stop sales and transfers of all 10/22 high capacity (over 10 rounds) rifle magazines. Businesses are cautioned not to attempt to “pin” magazines unless their license specifically authorizes work on prohibited magazines.

We are advising against businesses or their customers surrendering or returning these magazines to anyone at this time.

If you are the consumer owner of one of these magazines your participation in the action is very much desired. THERE IS NO FEE FOR YOUR PARTICIPATION BUT DONATIONS TO THE ACTION ARE WELCOME.


DONATIONS CAN BE MADE AT: 10/22 +10 Class Action Donation

From consumer owners we need:

• A communication informing us of your willingness to participate in a class action lawsuit;
• Brands and models of 10/22 +10 round capacity magazines currently in inventory and the value of the inventory;
• Digital copies of product packaging, manufacturers’ or distributors’ product sales information, product press releases;
• Any information, actions or comments by your Chief Firearms Officer, Inspectors, RCMP or any other law enforcement agency.

Consumer owners interested in joining the class action, are asked to email the above information to the CSSA at [email protected].


For more information call the CSSA at 905-571-2150.



From business owners we need:

• A communication informing us of your willingness to participate in a class action lawsuit;
• Brands and models of 10/22 +10 round capacity magazines currently in inventory and the value of the inventory;
• Digital copies of any product packaging, manufacturers’ or distributors’ product sales information, product press releases you may possess;
• Any information, actions or comments by your Chief Firearms Officer, Inspectors, RCMP or any other law enforcement agency.

Business owners interested in joining the class action, are asked to email the above information to the CSAAA at [email protected].


For more information call the CSAAA at 705-875-2302.

CSSA even has a spot for it on their Legal Fund page:

http://store.cssa-cila.org/cart.php?...ategory_id=253

From a radio interview I had heard. Once this class action is filed, those individuals that possess the magazines in question will be safe from any charges for possession of said magazines - until the lawsuit is concluded and the legal status clarified.

[welsh]

Zimmer's letter is in error ... the exclusion of .22 LR from the regulation, which he cites, applies to rifle magazines over 5 rounds, but these are being prohibited as handgun magazines exceeding 10 rounds, for which there is no exemption.

I'd really love to know what Burlew's constitutional argument is here ... I can't see that class action being much more successful than the NFA's lawsuit against Quebec will be.

[skypilot]

So we can count on you to donate and support Canadian gun owners? Maybe the proceeds from your book?

[jaycee]

So we can count on you to donate and support Canadian gun owners? Maybe the proceeds from your book?

Good one!

[welsh]

I don't donate to doomed lawsuits.

Let me explain something to you, skypilot: thinking the lawsuit is doomed doesn't mean I don't think people are getting a raw deal here.

Can you wrap your head around that?