Volume 4, Number 3 Aug. '98
Message from the President
"Bad boys, Bad boys, whatcha gonna do?"
Bill C-68 will be the law of the land on October 1st, 1998. Gun owners will have some hard decisions to make; Will YOU continue to resist a law which arrogantly treats you like a criminal, or will you simply roll over (After all, many will say "the law is the law") and let them continue to screw you? How many more times will you passively allow them to break their promise to provide "good government". When will you finally say stop? Will you ever?
I would be the last person to advise you to break the law. However, as written, the new law does contain within itself plenty of poor wordings, contradictions, oversights and other problems with which the bold can "dance on the head of a pin" yet still act within the scope of lawful conduct. If enough souls were to do so, the Firearms Act would quickly be exposed as the expensive fraud it is.
For example, long guns do not have to be registered until January 1, 2003. If enough people were to wait until December 31, 2002 before starting the registration process, the Government would have to grant an extension. If enough people waited until the end of the extension.... Get it?
TSCON has collected other excellent ideas for conducting passive resistance. If you are the type who likes to firmly assert your rights, contact us and we'll show you how.
John A. Gayder
SPECIAL ALERT: Please see our ad about the FED-UP 2 Rally in Ottawa!
Word is circulating that implementation of C-68, The Firearms Act will once again be delayed. Rumour has it that the necessary forms, databases and other parts which make up the Canadian Firearms Centre's infrastructure cannot be ready by October 1st, 1998. Sources say the new date will be in early December, possibly to coincide with the Dec. 6 anniversary of the Montreal Massacre. This would facilitate huge photo ops for Wendy Cukier to conduct her usual cryathon as she ushers in the new law. If true, this would represent the FOURTH such delay the law has endured. Seeing how the Firearms Act attempts to do the impossible, such delays should be considered normal.
"How to lose friends and win enemies." And get busted to boot!
Thanks to Dave Tomlinson and Peter Kearns for help preparing this article.
Some of you will soon see ads or be approached in person to become a Firearms Verifier. Not only is this job fraught with legal danger, but only a lick-spit, lackey, boot-licker would even dream of assisting the Firearms Centre with verifications. A Hamilton area gun owner who volunteered was promptly kicked out of his gun club in disgust.
When registering your firearms, the rules now require that it must be "verified." This is to make certain that all information intended for entry into the registration "system" is "correct" by government standards. As soon as you sign the new Application to Register, you have "verified the information on this application to be true."
Any information that appears on an Application to Register over your signature is information that you are responsible for, and therefore we strongly recommend that you fill in each and every "identifying" box with the word "UNKNOWN" -- and that you INSIST on leaving it that way. The information the government wants to put in those boxes must be supplied by the government's "verifier" on a separate sheet of paper over HIS/HER signature, so that YOU will not be responsible if HE/SHE makes an error.
WARNING: Any person who acts as an "Approved Verifier" OR a "Business Verifier" is at risk. It does not matter WHAT you put down on an Application to Register. It can be shown to be "false or misleading" by a prosecutor.
EXAMPLE: One "verifier" calls a shotgun "Make: Browning" and "Model: Auto-5." Another calls it "Make: Fabrique Nationale" and "Model: Automatic." Obviously, at least ONE of those is "false or misleading", but WHICH? There are NO SET STANDARDS for entries to Application to Register form "identifying" boxes, so ANY entry can be RULED to be "false or misleading."
The only SAFE way to fill out an Application to Register is to put "UNK" or "UNKNOWN" into every box.
MORE DEADLY TRAPS:
(1) You fill in the "Serial Number" box with the number that is plainly stamped on the bottom of the trigger guard of an Iver Johnson revolver. WRONG. The trigger guard is NOT the "frame or receiver." It is easily removed and replaced. The correct place to look for an Iver Johnson Serial Number is UNDER THE LEFT GRIP. Once inside, there may be a letter, stamped at an angle to the number and at a distance from it. That letter is PART of the Serial number and it is NOT on the trigger guard.
(2) You fill in the "Make" box with "Savage" while applying to register a lever action Savage rifle. Unfortunately, it was made in Spain, and not by "Savage." Similarly, the "frame or receiver" of many rifles marked with the names of British companies were actually made in other countries. Some "Marlin" rifles were made by Sako in Finland and many "Brownings" were made in Belgium or Japan.
ALL "verifiers" (and citizens filling in their own Registrations) are placed at risk by the language of Bill C-68's section 106:
"106. (1) Every person commits an offence WHO...KNOWINGLY MAKES A STATEMENT orally or in writing that is false or misleading..." and is "for the purpose of procuring a licence, REGISTRATION CERTIFICATE or authorization for that person OR ANY OTHER PERSON."
A summary conviction offence carries a maximum penalty of up to SIX MONTHS IN PRISON and a fine of up to $2000.
Even if the "actual" penalty is a small fine, you will have a CRIMINAL RECORD as a FIREARMS OFFENDER which will result in your entry to other countries, THE U.S. INCLUDED, being DENIED if they ask about your criminal record. In Canada, it will void any chance of your being BONDED and few companies will hire anyone with a CRIMINAL RECORD.
Every effort the NFA and others have made to have that deadly wording CHANGED has been flatly rejected by our Liberal government.
Gun Loss Advisory
This is the fourth in a series of "Gun Loss Advisory" notices provided to us by Mr. Edward Burlew, a lawyer from Thornhill, Ontario who specializes in firearms law and is an active shooter.
Technical Non-compliance of restricted weapon registered address can lead to criminal conviction
Police have begun to compare the addresses of restricted weapon registration certificates to the actual residences of the weapon owner. As a result, dozens of handguns have been seized and hundreds of violations of the Criminal code, section 91(2), have been detected. This program began in June '97 in Halton Region and may be expanded.
To keep your restricted weapon you must have the restricted weapon registration certificate updated to accurately record the correct address of where it is kept. This means Province, City or Town, Street Address, Apartment Number or Suite Number.
Failure to have the exact correct address will lead to a criminal conviction, confiscation of that gun and may lead to loss of all firearms, explosives, ammunition and F.A.C.s.
Check Your Paperwork Now! Do Not Wait!
To correct your registration contact your local firearms registrar and make an appointment to correct the address. This will be a limited voluntary ability to correct.
All our newsletters as well as other interesting and informative material are available on our web site. We can be reached at:
Comments/suggestions?? Call John at 562-7686
Another Goofy Gun Story showing the incompetence of the media with firearms related stories.
In the June 4th, 1998 issue of "The Standard" a special correspondent wrote how a man from Missouri was arrested and charged "with possessing a restricted firearm, a "Luger 357 revolver", for which he did not have Canadian registration." The story further details how a "search of the car revealed the Luger under the passenger seat." Wow! I didn't know Luger ever made any revolvers. Must be quite a rare piece. "Special" correspondent indeed.
Thanks to the keen-eyed Gilbert Pinney for bringing this story to our attention.
Seen a goofy gun story? Send it in and you may win a free TSCON T-shirt.
A 1999 membership card is enclosed. Join us in the fight to protect your firearm rights.
1) a quarterly newsletter with the latest updates on the firearms issue
2) "members" draw prizes
3) discounted table rates at our gun shows
4) room discounts at the Days Inn hotel in Kingston
5) a free 3 month subscription to the "Canadian Access to Firearms" newspaper
All monies are used locally to protect the interests of local sporting citizens.
Free Classified Ads for Members
Members can place free classified ads for shooting and hunting related items. Please submit ads by the following dates to appear in the latest newsletter:
<Vol. 4 #4 Oct. 31/98
<Vol. 5 #1 Jan. 15/99
To place your ad call 685-4480 by the dates shown.
POST THIS IN A PROMINENT LOCATION
Search Warrants (advice for what to do when the police show up at your door.) (Comments in italics are from the NFA)
1. Ask to see the search warrant. NFA: The searchers are required to SHOW you a COPY of the warrant or TELL you what is in it before executing it, and LEAVE you a copy of it when they leave..
2. Ask the person in possession of the warrant to identify himself and all of those with him and to indicate whether those persons are authorized to aid in the execution of the warrant.
3. Request time to review the warrant and to obtain advice with respect to the appropriate course of conduct.
4. Read the warrant carefully to determine: a) the premises covered b) the specific documents or objects it covers
c) the alleged offence(s) subject of the warrant NOTE: Read the DATE and TIMES that the warrant authorizes search. Often, the warrant is invalid because they were supposed to do the search YESTERDAY, or EARLIER TODAY, and entry can then be legally refused. CC s. 488 forbids the execution of a search warrant AT NIGHT, unless "(a) the justice [who issues it] is satisfied that there are reasonable grounds for it to be executed by night, (b) the reasonable grounds are included in the Information [laid before the justice to get the warrant], AND (c) the warrant authorizes that it be executed by night."
5. At the same time that the warrant is being reviewed, instruct someone to make the following calls (if not already made): a) legal counsel b) individuals named in the warrant whose offices are to be searched. Each should be advised that the search is pending and cautioned that they must not remove, alter or destroy any documents or other material in their offices. NFA: ADD the local news media and NFA HQ, (403)439-1394. NFA NOTE: If told that you must sit down and not use the phone, ask: "Am I under arrest?". If the answer is "No, not YET!" then no one has any right to TOUCH you, or to hinder your use of the telephone. If an officer DOES touch you, then ask again: "Am I under arrest?". If the answer is no, then say: "In that case, take your hand off me or I will arrest YOU for assault." [Yes, you ARE authorized to do that by Canadian law, CC s. 494(1) and (3)].
6. Do not "agree" that the search can be expanded beyond the limits described in the warrant.
7. Do not answer any substantive questions. NFA: More people are convicted from what they SAY than from any other cause. You have a right to SILENCE. USE IT. Unless you know as much about firearms law as the NFA does, you have NO IDEA whether or not you ARE guilty because you may SEEM to be guilty, and yet the NFA can often tell your lawyer why you are NOT.
8. Do not attempt to impede, physically or otherwise, the person executing the warrant. NFA: That is obstruction, and a criminal offence.
9. If any documents exist in respect of which solicitor-client privilege may exist, identify the documents and their location and indicate to the search officer that the documents are subject to solicitor-client privilege and that you require that the appropriate procedures be followed to protect the privilege.
10. Keep an accurate log (or copy) of all documents seized. NFA: The searchers are required to file an "Information" with the court to get a search warrant. Unless the Justice blocks it, the "Information" is a public document. After executing the warrant, the searchers must file a "Return" with the court, explaining what they did with the warrant and listing what they took. SO, after being searched, go to the court that issued the warrant and request a copy of the Information and Return relating to that warrant. You should be able to get them for the cost of photocopying, and they are VALUABLE.
Address Changes, Etc.
For address changes, duplicate mailings, name removal from the mailing list or a newsletter call 685-4480.
General - 937-2301 or 685-6623 or 685-4480
Memberships - 934-6882
Gun Show - 562-7686
FOR SALE: Mod. 1895 Mannlicher Carbine, 8x56R, exc, $100 or offer; Olympic Arms AR-15 lower receivers (two available), new condition, $150 each; call Gerry 905-685-4480 after 4:00 P.M.
FOR SALE: P08 Luger, 9mm, byf 1942, as new, $500; call Paul 905-892-9001 after 5:00 P.M.
FOR SALE: Ruger M77 MKII 30.06 bolt action rifle, blue, walnut stock, muzzle brake, Dayton Traistor trigger, sling, as new condition, $550. With a 1.5-4.5 X 32 Bausch & Lomb Scopechief scope $650; call Steve 905-937-6201
FOR SALE: Winchester Buffalo Bill Commemorative, Model 94 saddle carbine, 30-30, new in box, $375: call Chuck 905-734-7847
Congratulations to the following members who are winners in our latest draw. Please call Gerry at 685-4480 to arrange to pick up your prize.
Winner Prize Donated By Leonard Denommee gun cleaning kit The Sporting Clubs of Niagara Victor Bright Stihl pocket knife Niagara Saw Rob Stevenson T-Shirt The Sporting Clubs of Niagara Jack Patterson hunting equipment Frontier Gun and Sport
***NOTE*** Several previous draw winners have not claimed their prizes. Would you please call 685-4480 so we can arrange for you to receive it.
"If you will not fight when you can easily win without bloodshed; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a small chance of survival. There may even be a worse case: you may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." -- Winston Churchill