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28-02-2009, 09:23 #1
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Are you allowed to carry without your licence if the licence has been stolen?
I need some clarity please-consider the ffg scenario-a licensed firearm owner loses his card licence by way of armed robbery,pickpocket etc........My understanding of the law is that you may not carry your firearm without the licence and it is an offence if you do carry without the licence.Problem is that the time frame associated with procuring a duplicate licence from CFR is generally quite extended.Agree?so what then does that person do?he/she has that particular weapon for self-defence but as a result of a crime is unable to utilise the weapon for its intended purpose cos he/she does not have the actual card licence.Firstly,am I correct in my assumptions above,and secondly,is there any way for someone who has lost their card licence to carry their firearm without the fear of being charged by the cops,while applying for a duplicate licence?
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28-02-2009, 13:36 #2
Re: Are you allowed to carry without your licence if the licence has been stolen?
the law is to positively identify yourself .
you cannot be prosecuted for illegal possession of illegal gun.
unless something changed and i missed it.live out your imagination , not your history.
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28-02-2009, 14:05 #3
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Re: Are you allowed to carry without your licence if the licence has been stolen?
i wouldn't do it. Cops hear all kinds of stories from people so they wont believe you. The law says you have to report it stolen asap(cant remember the grace period). You wont get prosecuted but you Will most probably get arrested.
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28-02-2009, 15:22 #4
Re: Are you allowed to carry without your licence if the licence has been stolen?
I wonder what the possibility might be of having a 'true copy' as they say in the legal profession, made and signed off on by your designated CFR / FCA officer locally? With the original in hand, there should be no suspicion that you are trying to 'pull a fast one' I would think. I would tell him / her exactly why I wanted the copy, since AFIK there is no law saying such a copy could not be made and certified.
All they are certifying is that they made an exact copy of that specific permit on that date. Here, a 'True Copy' can be done by a Notary Public and will usually be accepted in the courts as if it were the real original. In any case, I would definitely have some official person...or at least my attorney...make a copy in case of this exact event (loss or theft) No way I am going to disarm myself of a perfectly legal firearm simply because the license was stolen.Run Fast, Bite Hard!
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28-02-2009, 15:50 #5
Re: Are you allowed to carry without your licence if the licence has been stolen?
a cop is not even supposed to touch your gun if no crime is committed if he wants to check your serial number you must show him , he cannot take it to look see himself.
a search warrant is needed for that.
live out your imagination , not your history.
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28-02-2009, 17:00 #6
Re: Are you allowed to carry without your licence if the licence has been stolen?
Originally Posted by KK20
I seriously doubt any court would hold that the intent of this subsection was for the license holder to physically retain possession of the firearm while an officer attempted to inspect it. That would never fly for several reasons, not the least of which is officer safety.
My educated guess after a lifetime of being a street cop is that anyone who tried that would likely end up first flat on the pavement, and then later in jail, after which termination proceedings would probably be undertaken by authorities against that license as well as possible assault charges against him.Run Fast, Bite Hard!
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28-02-2009, 18:16 #7
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Re: Are you allowed to carry without your licence if the licence has been stolen?
if you deny me access to the firearm i would warn you that i am going to use force and that u are braking the law. To hinder any justice of the peace to do his duty is a crime. Please keep that in mind. You Will probably end up being perspired so that i can take the gun with out getting shot and then arrested. Rather not take chances. And remember that if you get harde-gat with a cop they start looking for reasons to nail you. If the cop was polite why give him hell?
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28-02-2009, 19:30 #8
Re: Are you allowed to carry without your licence if the licence has been stolen?
its purely conversational and an exchange of veiws:
i will not smart ass with a cop while he is carrying his duty NO
i will be diplomatic , to expedite matters amicably and with due respect and courteousy.
now theoretically the officer cannot remove your gun without due process of law.
live out your imagination , not your history.
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28-02-2009, 20:39 #9
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Re: Are you allowed to carry without your licence if the licence has been stolen?
The FCA states that you must report such a situation within a prescribed time. Report it within the specific time. Request the DFO to make a print from the system that you do have a license and I should say that the DFO could issue you with some kind of document stating that the license is lost and has been reported.
I like the idea of making a certified copy of your licenses and keep them in a safe place. Should the situation then present itself, you have at least that to fall back on and when measured against 'what a reasonable man' would have done, you did take reasonable actions.
Not sure how correct I am in my approach, but I think that it could be a answer to the issue.
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28-02-2009, 20:46 #10
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Re: Are you allowed to carry without your licence if the licence has been stolen?
i meant peppersprayed. K20 you have to give the cop the gun and the licence so that the serial number can be checked. BUT only do this after he has shown you his appointment certificate(id card). You never know,he might be a robber. The law is straight forward on this. Any police man can search any man or motor car on public property without a warrent. Any police woman can search any woman or motor car without a warrent. If there are reasonable grounds to suspect that there are drugs or illegal guns in a house the police can search it without a warrent. BUT there must be reasonable grounds.
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