May 1st, 2020 Order In Council Firearm Ban/Prohibition

May 1st, 2020 Order In Council Firearm Ban/Prohibition

May 1, 2020 Liberals Prohibit 1500+ Firearms formally non-restricted/restricted – Includes named firearms, firearms with a bore 20mm or greater, firearms that fire a projectile with muzzle energy exceeding 10,000 joules. ‘Upper Receiver’ from AR-15 and related rifles were also prohibited. – Copy of the May 1st, 2020 OIC. (searchable/downloadable)

Composite Image taken from screen captures Canadian Gazette provided for reference only.

An OIC (Order in Council) bypasses the parliamentary process. An OIC allows a law(s) to be passed without debate or input from the opposition or other parties’ ELECTED Members of Parliament. More information about Orders in Council.

The government’s stated motivation behind this OIC is to allow the Re-classification of ‘assault style’ firearms to prohibited firearms. ‘Assault Style’ is an invented term with no defined meaning or legal definition. “The term “assault-style” has no legal definition in Canada. The Firearms Act also does not currently classify firearms as “military-style” — that term would have to be defined in the new regulations.” Source: CBC Politics To date no legal definition of either term exists.

Many in Canada feel that by using an Order in Council the Liberal Minority Government avoided the very real possibility that the same prohibitions would not pass in a sitting Parliament. The  Canadian Coalition for Firearm Rights has led A Collaborative Response to the OIC and is mounting one of the most comprehensive legal action and media campaign to raise awareness and reverse the firearms ban OIC-SOR/2020-96

The prohibition of firearms with ’20mm Bore or greater’ & ‘…muzzle energy over 10,00 joules’ has caused also a lot of controversy. Legal experts employed by Canada’s shooting sport and advocacy groups have said that this would make many regular shotguns with removable chokes and some large/dangerous game rifles prohibited.

CSS Press Release

Minister Bill Blair has made public and social media comments that the OIC does not prohibit these types of firearms.

This video from Jim Shockley shows Mr. Blair has an odd interpretation of ‘the truth’

Shortly after the RCMP released a bulletin indicating they do not measure at the muzzle so no standard shotguns would be prohibited. The Canadian Border Services Agency has also updated its website notice regarding shotgun bore measurement by referring to the RCMP’s updated bulletin. It must be noted that under Canadian law, NONE of these opinions, including those of the Minister and the RCMP are, in fact, law. Only a judge ruling on a case before them can make a legal judgement based on THEIR interpretation of the OIC and relevant law.

At this time there is currently no definitive answer to the question and heated debate online continues. As the prohibition has not yet been tried or reviewed before a court of law/judiciary process there is no clear answer to the legality of using a shotgun that exceeds a 20 mm bore diameter with the choke removed. The OIC, however, included an amnesty period of two years:

An Amnesty Order is in effect until April 30, 2022 to protect individuals who were in legal possession of one or more of these newly prohibited firearms or devices on the day the amendments to the Classification Regulations came into force (May 1, 2020), from criminal liability for unlawful possession. It also provides owners with the time to come into compliance with the law.” IMPORT NOTE the Amnesty does not allow for the use of newly prohibited firearms and restricts their sale and transportation. Source RCMP Website: What you need to know about the Government of Canada’s new prohibition on certain firearms and devices.

Another point of contention related to the RCMP Bulletins is the removal of all references to a ‘grandfathering’ in information on their website about OIC SOR/2020-96 (Firearms Ban) shortly after it’s release. The RCMP had this to say in response to questions from TheGunBlog,ca, a well known online firearms-related blog.

“The reference to Grandfathering was removed to avoid providing examples of possible regimes that would be included in the buy-back program. The details of the buyback program are unknown and will be determined through Government.” Source: RCMP, Response to TheGunBlog.ca, 11 May 2020. Nicolas Johnson, the editor of TheGunBlog.ca and many firearm-related groups see this as “… an early signal that the Liberals will backtrack on their promise of confiscation-at-death ‘grandfathering,’ and force fast confiscation,”

There are also confirmed reports from Canadian Firearms Merchants and Manufacturers illustrating that additional firearms not included on the list are having their classification changed by RCMP without public notice. Although there is clear proof this is happening there is a legal ‘out’ the RCMP may be relying upon to move firearms to prohibited status that were not on the original list. For a legal opinion watch the NFATALK video from 27:30 minutes to 29:28 minutes to hear Lawer Guy Lavergne’s explanation.

The inclusion and wording of this prohibition in the OIC is particularly alarming to law-abiding firearm owners: “Any firearm capable of discharging a projectile with a muzzle energy greater than 10,000 joules.” Although the government and media would have us believe the intent was to ban .50 cal ‘Sniper Rifles’ (another term without legal definition) it has allowed the prohibition of many traditional large/dangerous game rifles and extreme-range precision competition models.

photo credit unknown

The fact that it prohibits some single-shot hunting and competition rifles is not as much a concern as the use of the word ‘capable’ which does have a legal meaning tested before a judge. Capable means “is it possible and if it is, it is capable” which is very different from ‘does have.’ When taken together the two additional prohibitions, ‘over 20mm Bore’ and ‘Capable of … 10,000 Joules’ put many many more firearms at risk of being prohibited than all the other prohibitions combined. These two prohibitions could be the Pandora’s Box of the gun ban! Source. The CCFR & WildTV Gun Ban Canada – 2020 Documentary Part 1 from 22:00 minutes ~ 24:00 minutes

Many owners of newly prohibited firearms want to know where they stand and what they should do. Wolverine Supply offers this advice which is echoed by many involved in the legal actions against the OIC/Government/RCMP “It is our understanding that the firearms listed within the OIC can no longer in any way shape or form, be transported, purchased or sold in any capacity. Above and beyond, this is not a permissive OIC, which means these firearms can no longer be used in any way during the amnesty period. So we advise you to at this time, if you are in possession of an effected firearm, to put it securely into storage and wait for further instruction on what’s next.” Source: Wolverine Supply Website

A major concern for ALL CANADIANS is one we have very little factual information about – How much will all this cost? The Liberal government hasn’t tabled a Federal Budget this year and recently had this to say about how much they are spending and plan to spend in response to questions from the National Post “Don’t expect a fiscal update anytime soon, says Trudeau: ‘Any prediction will be widely unreliable’.

The Prime Minister went on the say that “… his government has been fully transparent about its spending on the pandemic, but providing a fiscal update would require a crystal ball on where the economy is headed” The pandemic was an unknown and could not have been forecasted into a tabled budget (if there was one.) but

Conservative MP Michelle Rempel in a recent live video explains with parliament shuttered and not dealing with pesky distractions like questions, objections or demands for accountability from opposition members, the government certainly has had time to prepare a fiscal update. It seems very clear the government just isn’t interested in telling us what it will really cost or more likely they don’t really know themselves.

Senior Fellow Gary Mauser of the Fraser Institute predicted back in January that any large scale ban of legally owned firearms would not be anywhere close to the $400 million Minister Bill Blaire told the CBC a ‘buy-back program would cost. After research, calculations and comparisons to the gun ban in New Zealand. He also noted the Liberal government has a history of grossly underestimating the cost of anti-firearm programs “The gun registry was predicted to cost no more than $2 million and ended up costing $2.7 billion” The obvious question then was “How much will taxpayers be billed for this boondoggle?

The government has been silent. No budget for the “buy back” program has yet been announced. My best estimate for Ottawa’s confiscation plan is in the billions.” Read the details of his analysis and report for more background and details. It’s also worth noting that the ban announced May 1st is much larger in scope and includes far more firearms that the government led us to believe back in January when the report was written.

The truth is however that as MANY of the firearms actually affected were non-restricted there is no simple or reliable way to track their ownership to force compliance or even make all owners aware that their previously non restricted and legally obtained firearm has been prohibited and if they don’t surrender it after the amnesty period they will be criminals. Justice for Gun Owners looks at the issue in detail and concludes “While illegal, many Canadians will not comply simply because they may not be aware that they should surrender a firearm they may have owned for a considerable period.”

What can you do?

Sign e_Peitions! Why they are important and how to complete them.

Signing relevant E-petitions that echoes your opinions or views shows the government and anti-gun media how many of us do not accept the firearms ban in whole or part. Your voice serves to notify the Canadian government that you support the contents of that petition and as a voting Canadian will not support those that do!

1. Click on the e-Petition links below
2. Read & Sign the e-petition at the bottom of the page if you agree.
3. Look for a ‘request to confirm’ email in your email inbox within a few minutes check your spam box if you don’t receive it in a reasonable amount of time. Click on the link in this email. (IMPORTANT – if you do not complete this step your signature will not be counted.)

Sign Each One by following the links below and follow the steps listed above for each one. Come back to this page weekly for updates.

e-Petition e-2574-Democratic Process by Michelle Rempel Garner MP Calgary Nose Hill, Conservative Caucus
Alberta.

e-Petition e-2576 Democratic process by Todd Doherty MP Cariboo—Prince George, Conservative Caucus British Columbia.

Donate! Your time or money to organizations and groups you feel best fit your position on these issues. Without volunteer time and donated money we have no chance of overturning the gun ban!

Donate Time: Join the CCFR Facebook Action Group that enlists the help of supporters to share information, answer surveys, counter negative anti-gun media and individuals on social media platforms and email. This is a GREAT force multiplier in the fight to overturn the OIC gun ban.

Introduce a 1st-time shooter or Volunteer at your local Shooting Sports Facility/Range: Introducing non-shooters to ethical hunting and the shooting sports is the surest way to convert other members of our communities to the safety, enjoyment, health benefits, personal growth & satisfaction and fun of law-abiding firearm ownership and shooting!

Donate Money: Legal actions take a tremendous amount of money to hire a team of lawyers who have the best chance of winning. National Organizations, Merchants and individual legal actions are listed below. Please try to support as many with as much as you can spare, we know the economy is bad but even a few dollars from a lot of people make a difference!

Join our National Organizations – Your membership dollars and support help them with legal action and countering misleading negative media campaigns. Don’t forget your local clubs, they provide grassroots opportunities to encourage people in your community to learn about ethical hunting and the shooting sports and experience safe shooting activities themselves.

National Organizations

Canadian Sporting Arms & Ammunition Association (CSAAA) (Industry Association)

Fundraising for action against OIC and/or the RCMP

CCFR Legal Action – Legal action seeking to nullify/overturn the OIC and the RCMP’s ‘Ban by FRT’ – Donation Web Page

Alberta Tactical Rifle (ATR) GoFundMe Class Action to reverse illegal RCMP FRT changes to ART’s specifically designed and manufactured NON Variant rifles of the AR-15 making them non-restricted. The RCMP had previously tested the models and verified their classification as non-restricted.

John Hipwell Wolverine Supplies Judicial Review Go Fund Me

K.K.S. Tactical Supplies – Application for Judicial Review

Ontario Landowners Association –  Removal of Private Property from the people. Go Fund Me – (This campaign is currently very underfunded – Scott)

JR Cox / the Shooters Edge. Legal Action Filed – Go Fund Me

Resources

GunPost: 8 actions YOU can take to get gun bans reversed

Government of Canada Gazette Official Order In Council SOR/2020-96 May 1, 2020

SCRID Searchable/Downloadable Copy Order In Council SOR/2020-96 May 1, 2020. (this not the original published copy for the official Government Of Canada Gazette Link see above)

Legal Opinion On 12 Gauge Shotguns (over 20mm) – Ed Burlew LL.B

CSS – RCMP Ban first 12 Gauge with bore over 20mm

CSSA Post showing communication between firearms merchant and Canadian Border Services on how they measure ‘Bore.’

Canadian Border Services Agency Memorandum D19-13-2

Ontario Landowners Association –  Removal of Private Property from the people.

Justice Centre for Constitutional Freedoms Concerns Regarding the New Regulations On Firearms

RCMP: What you need to know about the Government of Canada’s new prohibition on certain firearms and devices.

CCFR Legal Filing – Notice of Application

Justice For Gun Owners – works for sensible firearms legislation.

Video Resources

Gun Ban Canada 2020 Documentary Part 1 – A must watch/share from the CCFR and Wild TV.

NFA Talk – Firearms Lawyer/Legal Expert Solomon Friedman and panel talk about K.K.S. Tactical & Cassandra Parker court challenge and the NFA’s involvement.

Jim Shockey Canadian Hunting Celebrity: Attention Hunters!! Jim Shockey Has an Important Message – Focus on the integrity of Government and the Public Safety Minister and architect of the Gun Ban

Jim Shockey Canadian Hunting Celebrity: Important Message #2 – Focus on the integrity of Government and the Public Safety Minister and architect of the Gun Ban