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November 26th, 2014, 11:45 | #196 | |||
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Yes, Airsoft guns, as Firearms, are subject to the entire body of Canadian law relating to firearms. Part of that law, is an exemption for low powered firearms which makes them exempt from the Firearms Act and certain sections of the criminal code, which include licensing, and others. It has been quoted here many times, by myself and others. To think that I have suggested in any way that you need a PAL to own an airsoft gun reveals that you are just disagreeing for the sake of disagreeing, and not really engaging in honest discussion. Addendum: Mother insults? Quote:
Unless you think I spent three years in university reading a lawyers blog, no that's not what I said. Actually just read his blog for the first time just now, and it doesn't even look like he has posted anything on this issue. Could you please point me to the blog you are talking about. As I said, my concern comes from reading the case, and siding with his reasoning, as well as quoting for you the verbatim decision of the TRIAL JUDGES. As for education or training in legal practice, what exactly do you think people do in university, watch re-runs of law and order? What is a street or judicial level of application? No, my primary source of information is not a single lawyer. I've quote for your several statues, several regulations, half a dozen or so court cases, and considered many more. In addition to parliamentary debate, non binding legal papers, and my dictionary. Yes I know that lawyers construct legal reasonings with the purpose of getting their clients acquitted. Often times as well, and certainly in Solomon's case, they work to get courts to rule on issues that have a much broader impact than just the case at hand. Usually that is referred to as legal activism, and not acting in bad faith. As I am not representing any client, and this is merely a court of public opinion, what ulterior motives do you wish to accuse me of? From what I can tell the one thing that I have actually done that you don't like is continue to express my opinion. No, the Sinclair case does not expressly clarify the case of a deactivated firearm being a replica, except to show that if deactivated firearms WERE replicas, then the guy that the judge agreed was clearly guilty of SOME wrongdoing, would have been convicted as such. Yes the case is from 2006. That is the most recent case I could find on the issue,has never been overturned, and in the grand scheme of the law, is not very old. You clearly don't have a lot of experience with the law, otherwise it wouldn't be so surprising to you to realize that legal reasoning applied in one sense can have application in completely unrelated situations if there are legal similarities. The supreme court decision in Morgentaler, for example, which dealt with a guy operating illegal abortion clinics has been cited over 400 times, and despite being more than 20 years old, is considered as having applicability in many issues relating to human rights, Charter of Rights Violations, drug enforcement, jury selection, workplace harassment, etc, simply because the word "reasonableness" and "justifiable" were issues considered in that trial. Every single case where the word "reasonableness" is considered, there is a very good chance someone will invoke Morgentaler. Likewise, you asked about dewats, so I provided a case about dewats. One of the very few in fact. And yes, I am saying there are no "non-regulated firearms". It is an oxymoron. Firearms are regulated under firearms law, things that aren't firearms are not, although they MAY be subject to other regulations in a given set of circumstances. My initial stance was the SC ruling changed the status of things that weren't previously firearms, although I conceded that point about a hundred posts ago that the SCC merely affirmed what the Ontario Court of Appeal said, and it is the 2013 ONCA ruling that made the change. The only previous rulings that are affected by that new one are ones that specifically contradict it. No, we don't throw out thousands of court cases unrelated to the issue because of a single new issue, but all previous rulings that said an airsoft gun has to be used in a crime to be considered a firearm are now, in Ontario at least, no longer of any force or effect. I am not suggesting that there is NOW no such thing as an unregulated firearm. Not since the Firearms Act was implemented in 1995 has there been such thing as an unregulated firearm. Previous to now, airsoft guns were not regulated under firearms law because they were previously not deemed to be firearms. I understand that you don't agree with my opinion, or the Ontario Court of Appeal, but that doesn't mean you have to misquote me. Dewats never fell under "non-regulated (firearm)", because there is no such thing. I Think I've made that pretty clear. Dewats WERE firearms, right up until they are permanently modified so that they can not fire any shot, at which time they become paper weights, or ornaments, and become like almost any inanimate object: not regulated by the criminal code until used as a WEAPON. The way dewats were treated in the Sinclair case supports this view. As for the history of dewats, yes, most of them were prohibited. There was never really any need to dewat a restricted as there was a mechanism under law to legally own them as FIREARMS. Most people who were dewating firearms were doing so because it was the only legal means for them to keep them, and preferred dewating over the other options of putting a longer barrel on it, or surrendering it for destruction. Guns properly dewatted were not REclassified, they were DEclassified, meaning they were no longer considered firearms at all. I've never stated that anything about the 2013 ONCA ruling affected dewats in the slightest. Where did you get that from? Yes, several cast members routinely pointed dewatted and other inert objects at each other in the making of the film, under the supervision of the technical director who was a former police officer, and the head of security who was a current police officer. Perhaps you'd care to accuse them of running a protection racket or some other corruption? All the props were secured against theft, which did not include trigger locks for triggers that were welded in place and could not move. As for antiques: Antiques ARE firearms, and ARE regulated under Canadian Firearms laws. The very same section of the code which exempts airsoft guns from licensing and registration, etc, 84(3) exempts antiques as well, except 84(3.1) leaves them subject to storage and transportation regulations. They've been quoted many times here in this thread, and I'll provide them again in their entirety, and hope that it resolves this whole issue of a firearm subject to all the law, a firearm subject to some of the law, and things that would appear to be a firearm, but aren't meant to be. From the criminal code. Section 84(3) http://laws-lois.justice.gc.ca/eng/a...e-42.html#h-38 Quote:
The laws for antiques are probably the most complex and convoluted of all the firearms laws, especially when you look at the practical issues associated to applying them to firearms with no serial numbers, no manufacturing or maintenance info, and an incomplete ownership history. But back to the point... User ban? Yes, I created a new profile. Everyone does at some point. That's a crime? How do you hide/unhide your profile creation date. You seemed to find it so it can't be that well hidden? What disregard have I shown for anyone? Disagreement alone doesn't qualify for disregard does it? I've been subject to name calling, accusations, ad hominem attacks, misquoting and all kinds of comments showing disregard, and have been pretty tolerant. Several times you have accused me of twisting words or meanings, while you consistently do the same. The public record is here for all to see. I've never made a claim to having a legal background that I couldn't back. You asked what my background was and I provided it. It took you no less than 45 minutes to make all kinds of fallacious assumptions about that background, and what I may or may not have claimed to be. I have repeatedly indicated that I am NOT a lawyer. Would you like to see a copy of my degree? Would you even believe it was mine? You've already indirectly accused me of bad faith, so given that, you wouldn't believe me no matter what I told you. While we are on the topic, in the interest of good faith, whats YOUR legal background? Strawman my way out? You asked about dewats, and I provided a case about dewats. If your position was correct, it WOULD have been an issue at trial, but it wasn't, and he was acquitted. No, it doesn't black and white say that dewats aren't replicas. But you also won't find the phrase banana's aren't replicas either. You have to apply the law as it is written, and rely on legal rulings when they exist. Bananas: hows that for a strawman? You're pneumatic tools are safe, and I doubt you are entitled to have a prohibited license. You previously indicated that you think its illegal to discharge them in Ottawa, so why do you even still have them? Interesting, one of the lawyers that the CSSA consults on a regular basis is the very lawyer in question... You are claiming that everything I am saying is false. This is very objective and gracious of you, especially because on several points I have agreed with you. In life, you are going to encounter people that both disagree with you, and will refuse to be bullied into silence. Its the internet. You could have stopped reading at anytime if you didn't like what I was saying. Instead, for whatever reason, and I respect it, you chose to engage in debate and try and convince me of your views. Thank you for that, its the open and honest debate that I came here for. However, when it has become apparent that you have failed to convince me to abandon my position, you call for a user ban. If that's not a bad faith way to try and win an argument, I don't know what is. I think the mods can close the thread now. Last edited by Cameron SS; November 26th, 2014 at 12:12.. |
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November 26th, 2014, 13:31 | #197 |
Why should an admin close the thread now? So that you can have the last word? You'd like that, I bet.
You're getting so much hostility because you're coming in here and trying to tell us our business, despite having zero experience with it yourself. Seriously, what did you think was going to happen? CameronSS: "Welp, all your airsoft guns are illegal now because *reasons,* lol. Sucks for you." Airsoft Community: "Really? Thanks for telling us! Guess we'll go start pinning our mags now!" Is that what you expected? If everything is suddenly illegal, why have none of the many Ontarian retailers who post here said anything about raids or court orders, or even that they are worried? Why haven't the RCMP said anything about new enforcement rules, or the CBSA for that matter? I have to hand it to you, this is a great troll. But until something actually happens (like any of the above from the agencies that actually enforce the law) it appears that you are wrong. |
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November 26th, 2014, 14:20 | #198 | |
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I think this conversation has run its course. Everyone has stated their opinion, no one seems particularly willing to change their mind, and there doesn't seem to be anyone providing any new information. Several others have already suggested as much, I was just finally agreeing with them. Also, the airsoft community has not been nearly as unanimous in their response as you suggest. I also never said sucks for you or anything of the sort. Its also a bit of a stretch to read that I am new to the forum, and at the time, not owning any airsoft guns, and yet somehow have zero experience. I fully admit that I could be wrong. I hope I am, but hope is not a reasonable course of action. Asides from the lack of enforcement that you correctly point out, no one has convincingly articulated a legal basis for WHY I am wrong. Several times now people have indicated that the law remains unchanged since 2012, yet no one has even been able to substantiate what DID change in 2012. As for the lack of enforcement, there are lots of possible reasons for why no one has enforced anything yet, that have nothing to do with having a different understanding of the law. Perhaps they are merely waiting for their own internal legal departments to conduct their own review before deciding how to act. Its been three weeks since the appeal process concluded with the SCC ruling, meaning the law set down in 2013 will not change until the issue comes before another court, on a different set of facts, and is modified or overturned. In some cases it has taken the RCMP years to decide how to enforce a particular issue that comes to their attention. Also, all of the agencies you have listed have finite resources for enforcement, and often set priorities based on what they think is most important, and may feel as though they have bigger fish to fry than airsoft owners. If you want an example, look at the rampant speeding on our highways. Even IF I am right, I hope they never apply the law in the way that I have interpreted, and wish no ill will to the airsoft community, of which I am now a member. I certainly didn't expect to be welcomed with open arms while being a new member expressing controversial opinions. Most of the 'reactions' are also pretty consistent with what I've seen on other forums, and the internets generally. The only thing I really expected was that there would be a number of people who could quote some actual law to support their views, instead of conjecture, unreliable sources and faulty logic, and asides from a very few notable exceptions, I've been disappointed. Drake is really the only one who I've seen that has provided any consistent legal basis for his views, and we've found more than a few points of agreement on certain matters. Notably, that the retailers will likely be the first victims of any shot across the bow. Until then, we will just have to wait and see. |
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November 26th, 2014, 14:56 | #199 | |||||||||
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Moreover, you may not have stated specifically that it sucks for us, but that is definitely the subtext of many of your posts, which is another example of your pedantic arguments. Here is an example: Quote:
There is also another post where you specifically welcome airsoft to the "Big Boy" world of firearms law. Also a "sucks to be you" moment, as well as incredibly patronizing and condescending. Quote:
You are making a mountain out a molehill. Quote:
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People have reasoned with you, and the more unreasonable you became, the more unreasonable and hostile we have become in response. Your reasoning has not been perfect. Three years of (what? undergrad?) level law education does not a lawyer make. To not look like a total asshole here, I will say that I hope you do find a place in our community. If the time ever does come that airsoft lands within the crosshairs of the government, I hope you'll argue as long and loudly for its continued legality there as you've argued for its illegality here. It's a fun hobby. Even more fun with friends, provided you don't manage to alienate them all. Last edited by Skeletor; November 26th, 2014 at 15:39.. |
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November 26th, 2014, 17:15 | #200 | |
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No, my reasoning has not been perfect, and I've admitted mistakes wherever they have been identified. I guess you missed the several times where I have stated quite clearly that I am not lawyer. No big deal. At the end of the day, you can rest assured, friends or no friends, I will argue in favour of the legality of airsoft guns as you suggest, and as I already AM doing in other ways, including petitioning certain members of government to amend Bill C-42 to include a clarification that Airsoft guns need to be exempt from certain firearms offences, like pointing, and that their magazines need to be included in the stated exemptions in S. 84(3). I'm sure I'll eventually find a place in the flesh and blood world of airsoft. As for internet forums, I'm pretty sure I'm burnt, and I already have another one I intend to continue using in order to submit my opinions to the fiery crucible of scrutiny. As this is starting to feel more like a trial than debate, I think I'm going to sit back for a bit and default to popcorn mode. I'm sure many will race to be the first to claim a moral victory. To each their own. All the best. Cam. |
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November 26th, 2014, 18:52 | #201 |
This issue is not to be taken lightly, but ICE CREAM SANDWICH!! Just have fun everyone. This wont be the last we hear of this. The only thing this ruling changes is that the idiots of the community can now harm what we(not me i"m newbie) built. So we all need to be responsible for each other. Don;t let your friends do stupid things and get us all in hot water.
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November 26th, 2014, 21:01 | #202 | |
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November 26th, 2014, 21:28 | #203 | ||
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Airsoft is in a better legal position now than it ever has been, and is has zero to do with self-righteous twats who randomly show up here with a plan to "save" airsoft, talking down to the people here like we don't have a fucking clue about the legalities surrounding our hobby. Airsoft is in the position its in now because of actions of members of this community. You know jack shit. Shut up.
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Last edited by kalnaren; November 26th, 2014 at 22:11.. |
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November 26th, 2014, 21:30 | #204 |
You have no idea who is here and what they do.
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Age verifier Northern Alberta Democracy is two wolves and a sheep discussing what's for dinner. Freedom is the wolves limping away while the sheep reloads. Never confuse freedom with democracy. |
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November 26th, 2014, 23:27 | #205 |
butthurt for not having a user title
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Yeah. Wow.
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