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Thread: Competency Validity
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06-08-2019, 11:22 #21
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Re: Competency Validity
My understanding (based on my comments in my above post), is that your competency is valid for 10 years from its original date of issue (so this would mean that your competency expires in 2019). In response to your question, I do not think that the validity of your competency is based on the date of issue of any of your firearm licences issued under your competency...
That said (and due to the totally inept manner in which the CFR and some DFO's administer things), there may well be (and probably are) interpretational differences between different DFO's, hence my suggestion that you should double-check with your own local DFO.
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06-08-2019, 11:24 #22
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06-08-2019, 12:22 #23
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Re: Competency Validity
So I was at my DFO just now, the lady said no, it does not expire just because I sold the firearm, but she assured me that it would expire 10 years after the date issued because a competency is not allowed to be older than 10 years regardless of which firearm licenses you got in the meantime...
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06-08-2019, 21:22 #24
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Re: Competency Validity
Do NOT take any DFO's word for anything! Most of them know little and make it up as they go along. They do not make the law and so asking "your local DFO" is NOT the way to find out what the law says. The 10 year validity was in a leaked proposed amendment to the legislation. Your competency still has "the expiry of the licence to which it refers". In other words you last expiry since the competency has to have been valid when the licence was approved. My comp was issued in 2006 and I had two new licences approved a few months ago.
Peter
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07-08-2019, 13:11 #25
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Re: Competency Validity
I find this response difficult to understand. Do you have the specific legislation where this is so clearly set out (viz. which confirms that a rolling form of competency validity applies)?
The reason for my response is because this would mean that my competency should therefore remain valid until 28th Sept 2026 (see the relevant details set out in Post #19 above). This clearly is not the case with the Brooklyn FRC, hence me needing to renew my competency before Dec 2019 (viz. the original issue date of the competency is deemed to expire 10 years hence).
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07-08-2019, 20:29 #26
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Re: Competency Validity
The legislation that extended the validity of certain competencies is the FCA Amendment act, Act 28 of 2006. Google it and download it. Also worthwhile to download the updated version of the FCA, that includes all the amendments.
Read the act carefully.
The idea of the rolling expiration date on competencies stems from a directive issued by the CFR that was very poorly worded. This also seems to have become accepted policy, despite having very little relation to the actual act. This would not be the first (or last) time the CFR have ignored the act and done as they pleased. Recent court supreme cases come to mind...
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07-08-2019, 21:03 #27
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Re: Competency Validity
Who said that the Brooklyn DFO makes the law?
Firearms Control Act Section 10
(2) A competency certificate contemplated in subsection (1)(a)(i), (ii), (iii) and (iv), remains valid for the same period of validity as the period determined in this Act in respect of the licence to which the competency certificate relates, unless the competency certificate is terminated or renewed in accordance with the provisions of this Act.
(Section 10(2) substituted by section 9(b) of Act 28 of 2006 with effect from 10 January 2011)
Peter
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08-08-2019, 13:59 #28
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Re: Competency Validity
One dfo made me renew my handgun competency that was less then a year old,when I applied for further competency,
Today I renewed my one licence with another dfo and was told my competency is valid in perpetuity as long as I have licenses.
I think most of the DFO's are lost and unsure because of all the mixed signals coming from above and just as frustrated as most of us.
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08-08-2019, 18:23 #29
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Re: Competency Validity
Agree 100% -- today I lodged my competency renewal and specifically asked re the most recent licence for which I used this competency to apply (which was granted on 28 Sept 2016, which according to the above should mean that my competency then only expires on 28 Sept 2026). Sadly the DFO will not allow licence applications using this competency after Dec 2019 (and I need to apply for the renewal hereof 90 days before this date). As such, I didn't want to take the risk.
I do however agree that the DFO's (and the CFR) just seem to each make up their own rules which are not necessary consistent with the rules applied by other DFO's. Its fcuking frustrating that they are all so incompetent!!
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08-08-2019, 19:06 #30
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