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The Great Gun Control Debate

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mrcpu said:
The truth is that a real issue that police have faced in the past is "legal" gun owners buying in the front door and selling out the back door to their gang member friends.  To make it worse, there have been cases of private sellers getting a victims DOB and City of birth and address etc and using it to do a change of address on the R/PAL.... then buying legal guns shipped to the "new" address, and selling them illegally to gang members... all on the record of some innocent victim!
That 'truth' is not a truth for Canada. Straw buys are extremely rare in Canada. In the front and out the back is more an American problem.
 
The firearms act does not supersede the constitution... Therefore. Sect 8 protects ALL of us from this type of search. Unless you consent... Or they have a warrant.

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Jake138 said:
The firearms act does not supersede the constitution... Therefore. Sect 8 protects ALL of us from this type of search. Unless you consent... Or they have a warrant.

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I think it has been before the SCC and found to be reasonable in the interest of public safety.  It certainly must have been tested by now.  There is a clause in the Trudeau constitution that says everything in the constitution has reasonable limits, plus there is the Not-with-Standing clause. 
 
The Lords Day Act (not allowed to be open for business on Sunday) was enforced for about 80 years before it was challenged by Big M Drug mart ... And found to be unconstitutional for being inconsistent with sect 2....

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recceguy said:
That 'truth' is not a truth for Canada. Straw buys are extremely rare in Canada. In the front and out the back is more an American problem.
I just read a case today about a guy doing this 45 times.

http://www.vice.com/en_ca/read/your-texts-are-not-private-ontario-court-rules

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mrcpu said:
I just read a case today about a guy doing this 45 times.

http://www.vice.com/en_ca/read/your-texts-are-not-private-ontario-court-rules

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One cold is not called an epidemic. I said it is much less a problem here. I didn't say it doesn't happen.
 
recceguy said:
One cold is not called an epidemic. I said it is much less a problem here. I didn't say it doesn't happen.
And I didn't say you did.  I just happened across an example today and thought it was timely.

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This is turning into a gun/trespassing/race issue.

http://www.cbc.ca/news/canada/saskatoon/shooting-biggar-sask-sparks-debate-right-to-defend-1.3718700
Deadly shooting near Biggar, Sask., sparks debate over right to defend.

The shooting death this week of a young man in a rural area near Biggar, Sask., and the subsequent murder charge, has created an intense online debate.
Police have released little about the deadly encounter.
According to the RCMP, a vehicle with five people drove onto a farm, there was an argument, and then a man inside the vehicle was shot and killed.  A man associated with the property is now charged with second-degree murder.


https://www.msn.com/en-ca/news/canada/fsin-calls-fatal-shooting-of-22-year-old-in-farmyard-a-crime-based-on-race/ar-BBvzc4O
This week’s fatal shooting of Colten Boushie, a 22-year-old First Nations man, by a local farmer was “a crime based on race” and needs to be prosecuted in that manner, says the Federation of Sovereign Indigenous Nations (FSIN).

 
The courts, according to Pfefferle, will look at all the circumstances to determine whether a landowner who defends his or her property has taken actions that any other reasonable person would.

Poor bastard doesn't have a chance... most "reasonable" people these days seem to think they should just call the police and start praying.
 
I'll look for the article but I  recall there just being a similar case out west (Sask maybe?) and the home owner wasn't charged.
 
I fail to see the race link but there's not enough info being released.  Ultimately a home owner doesn't get to chose the race of a trespasser/attacker so on the location of the incident alone, I'd have to call "BS".

HOWEVER I don't have enough information to form an intelligent opinion.

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mrcpu said:
I fail to see the race link but there's not enough info being released.  Ultimately a home owner doesn't get to chose the race of a trespasser/attacker so on the location of the incident alone, I'd have to call "BS".

HOWEVER I don't have enough information to form an intelligent opinion.

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A bit off topic but there were some facebook screen shots about one of the accused (which apparently were removed pretty quick but not fast enough) posting about going out to rob people and I think something about guns too. 

I know if a car full of young adults who were drinking all day (assuming it would be pretty obvious) pulled up to my farm and asked for "help with a flat tire" I'd probably tell them to get off my property too after informing them I would call a tow truck.  Way too many cases of people getting robbed and assaulted in circumstances exactly like this story reads.
 
Marni Soupcoff: Justice finally prevails for Bruce and Donna Montague
Marni Soupcoff | August 18, 2016 |
http://news.nationalpost.com/full-comment/marni-soupcoff-justice-finally-prevails-for-bruce-and-donna-montague

Sometimes justice really does prevail. Or some semblance of it does, anyway, even if it takes far too long to arrive and can never fully make up for all the pain and suffering experienced along the way. There had already been plenty of suffering for Bruce and Donna Montague, who live in a log home outside Kenora, Ont., when they sought to stop the province of Ontario from seizing and selling their home: Bruce had already spent more than half a year in jail and lost his ability to work in his chosen profession, and the federal government had already taken more than $100,000 of the couple’s property, which amounted to their life savings.

Why? Bruce, a talented gunsmith and principled opponent of the complex licensing and gun registration laws that came into effect in Canada in 1995, had purposely let his firearms business licence and firearms acquisition certificate expire as an act of protest. Apparently believing that the jail time and $100,000 in property wasn’t payment enough for this victimless crime, the province of Ontario sued to seize the Montagues’ house — which also housed Bruce’s gunsmith shop — claiming the property was an “instrument of crime” or “proceeds of crime.” The accusation was unfair, disproportionate and ultimately curious given that the only party that ended up being enriched by Bruce’s transgressions was the government itself.

But, again, sometimes fairness does win out, even if it takes more than a decade to do so. This summer, the Montagues finally won back from the government some of the respect they always deserved. Faced with the couple’s unwavering determination to stand up for their rights — and the rights of all Canadians — the government of Ontario finally backed down. The Montagues will keep their home (which Bruce built with his own hands), and unlike many other unfortunate victims of civil forfeiture abuse in Ontario, who are subjected to gag clauses that prevent them from warning others about the injustices they have suffered at the hands of government, the couple will be free to tell their story.

It might appear that the result was inevitable given how clearly out of proportion the government’s punitive measures were to the severity of the crime. Sadly, that is not the case. The Montagues might easily have been overwhelmed, as others have been, by the severity of the challenge they faced and the disparity in their resources against those of the government. However, they happen to be an unusually moral and vocal couple, and stubbornly put their principles above their personal interests. With the help of the non-profit legal charity, the Canadian Constitution Foundation (CCF), they pursued the case both in court and in the court of public opinion, despite the heavy toll. For most Canadians, landing on the wrong end of a government civil forfeiture attempt — which can happen even to individuals who, unlike Bruce Montague, have never been suspected of, let alone convicted of, a crime — is unlikely to end happily.

more on link
 
Apparently believing that the jail time and $100,000 in property wasn’t payment enough for this victimless crime, the province of Ontario sued to seize the Montagues’ house — which also housed Bruce’s gunsmith shop — claiming the property was an “instrument of crime” or “proceeds of crime.”

Shows you how utterly vindictive our government can be.

 
Governments are vindictive to their citizens by nature, democrat ones more so because we expect better.  Civil forfeiture, like all things government designed has morphed from a way to punish the worst criminals to a way to check the errant citizens.  They worked far harder on punishing Montague than any of the Ponzi schemers that Ontario has caught. 
 
GAP said:
Marni Soupcoff: Justice finally prevails for Bruce and Donna Montague
Marni Soupcoff | August 18, 2016 |
http://news.nationalpost.com/full-comment/marni-soupcoff-justice-finally-prevails-for-bruce-and-donna-montague

the province of Ontario sued to seize the Montagues’ house — which also housed Bruce’s gunsmith shop — claiming the property was an “instrument of crime” or “proceeds of crime.” The accusation was unfair, disproportionate and ultimately curious given that the only party that ended up being enriched by Bruce’s transgressions was the government itself.

more on link

I don't have a problem with the government taking a drug dealer's sportscar that he bought with drug money. I do have a problem with them going after someone's home that was bought/built with LAWFUL INCOME from BEFORE he broke the law.  Absolute, unadulterated BULL CRAP.  Whomever started that action should be held accountable.  They should be sued into poverty and be forced to lose their own home to pay for damages.  Maybe then bureaucrats will think twice about their actions before launching such an immoral act.
 
Jarnhamar said:
Shows you how utterly vindictive our government can be.

Lightguns said:
Governments are vindictive to their citizens by nature, democrat ones more so because we expect better.  Civil forfeiture, like all things government designed has morphed from a way to punish the worst criminals to a way to check the errant citizens.  They worked far harder on punishing Montague than any of the Ponzi schemers that Ontario has caught. 

Were they really being vindictive, or were they just applying the laws as they are written?

Mr. Montague broke the law by allowing his firearms business licence and firearms acquisition certificate to expire.

I'm not speaking out against the justness of this law or gun laws in general, but just because a lot of people disagree with the law, doesn't mean we stop enforcing it.

A lot of people disagree with the prohibition against marijuana; do the people on this forum think that all those people running illegal dispensaries should have their property and their businesses returned to them?

"But drugs hurt people, Mr. Montague wasn't hurting anyone." Again, laws are meant to be both preventative as well as punitive. Now, you don't have to agree that the law to understand the Government's actions. In their eyes, and the eyes of many pro-gun control Canadians, unregulated guns (and those business that support them) create a dangerous environment. If the government waited until harm was done, then they would have failed in applying one of the mandates of the law.

I'm personally happy that Mr. and Mrs. Montague we're able to walk away from this mess, with their heads held high to boot. However, I believe it to be disingenuous to insinuate that everyone from the government involved, form the police who showed up at his door, to the crown attorneys, were being vindictive.

mrcpu said:
I don't have a problem with the government taking a drug dealer's sportscar that he bought with drug money. I do have a problem with them going after someone's home that was bought/built with LAWFUL INCOME from BEFORE he broke the law.  Absolute, unadulterated BULL CRAP.  Whomever started that action should be held accountable.  They should be sued into poverty and be forced to lose their own home to pay for damages.  Maybe then bureaucrats will think twice about their actions before launching such an immoral act.

1. Ok then, I'm going to build a house from scratch using my LAWFUL INCOME. Then, I'm going to run a drug dispensary/sweatshop/bawdy house from my basement and living room. When the cops come to shut me down and seize my property, I'll make sure to show them you're argument.

I mean, once something has been designated as "Legal", it can't possibly become "Illegal", am I right mrcpu?

Also, as the last three sentences in your statement... wow... just wow.

 
Lumber said:
1. Ok then, I'm going to build a house from scratch using my LAWFUL INCOME. Then, I'm going to run a drug dispensary/sweatshop/bawdy house from my basement and living room. When the cops come to shut me down and seize my property, I'll make sure to show them you're argument.

I mean, once something has been designated as "Legal", it can't possibly become "Illegal", am I right mrcpu?

Also, as the last three sentences in your statement... wow... just wow.

The problem with your analogy is that he was a licensed gunsmith operating a legal business.  IF, in your analogy you are operating a Health Canada licensed dispensary or a City of Toronto licensed massage parlor and your legitimate business is following all the laws while you pay off your mortgage, then there is ZERO morality to going after your home if, at a later date your license to operate expires or is revoked.

I am serious that there should be accountability for bureaucrats, police, and crown prosecutors.  In our society today as it exists police can and DO lay charges they know won't stick to punish people they feel need a smack down.  Those charges ultimately can cost tens of thousands of dollars to defend against, not to mention the costs to tax payers.   

At some point, individual people in positions of authority need to be held financially accountable for their actions when they abuse that authority.
 
mrcpu said:
The problem with your analogy is that he was a licensed gunsmith operating a legal business.  IF, in your analogy you are operating a Health Canada licensed dispensary or a City of Toronto licensed massage parlor and your legitimate business is following all the laws while you pay off your mortgage, then there is ZERO morality to going after your home if, at a later date your license to operate expires or is revoked.

Laws change. Standards of morality change. One of the ways we keep everyone on the same page is by having licences and permits which expire and must be renewed. It allows the government to make sure everyone is on the same page. Was this case overkill? Hells yes it was. But I got no sense of anyone in the government being overzealous, vindictive or cruel. Just a long string of people doing their jobs and following the rules. Bureaucracy sucks but it isn't malicious.

mrcpu said:
I am serious that there should be accountability for bureaucrats, police, and crown prosecutors.  In our society today as it exists police can and DO lay charges they know won't stick to punish people they feel need a smack down.  Those charges ultimately can cost tens of thousands of dollars to defend against, not to mention the costs to tax payers.   

At some point, individual people in positions of authority need to be held financially accountable for their actions when they abuse that authority.

For the parts that I did not highlight, I agree 100%. I can't stand how we put people away for 10 years for theft over $5000, but that politicians and other lofty members of the business community get away with a slap on the wrist.

As for the stuff in yellow, leveraging on what I said earlier in this post, with people just doing their jobs, I think you're straying into tin-hat territory here. Can I get a "amen" recceguy?
 
Lumber said:
Were they really being vindictive, or were they just applying the laws as they are written?

Mr. Montague broke the law by allowing his firearms business licence and firearms acquisition certificate to expire.

Yes. When you compare the severity of the crime, especially the lack of victims, to what he went through then absolutely. Do you really think having the government take your home, a home you built yourself, because a license expired is proportionate? When drunk drivers who kill people are able to get their license back and drive again, let alone keep their house.

This isn't the first person/family to go through this, it's sounds in the same ballpark as a SLAPP lawsuit.  One of the hallmarks (or whatever it's called) about punishments is public deterrence. Enforcing a gag order on people who are put through this ordeal isn't exactly public deterrence in the context that it's out there for people to see.

I'm not speaking out against the justness of this law or gun laws in general, but just because a lot of people disagree with the law, doesn't mean we stop enforcing it.
Punishment is out of proportion to the crime.

A lot of people disagree with the prohibition against marijuana; do the people on this forum think that all those people running illegal dispensaries should have their property and their businesses returned to them?
If possessing pot was legal with a license and someone let their license expire in a form of protest and they suffered through the same level of shit that this guy did then yes they should. 

 
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