Assault charge and keeping your guns

**CorditeCrazy** · 14-03-2019, 16:26

Theoretical question here, say you happen to punch someone in the face, perhaps more than once, and have an assault charge laid against you, what are the chances of losing your guns?

**William.kriel** · 14-03-2019, 16:40

I would think it depends on how good your attorney is and how persistent the guy with the rearranged face. Been on the accused bench a few years back my attorney advised to settle outside the court, the state prosecutor made it very difficult but since the complainant didn't pitch in court the case was scraped. That ordeal made me think twice since. If you decide to go for a punch make sure it's worth it and no witness to testify against you. But according to the wise guy defending me then I was guaranteed to lose my firearms.

**CorditeCrazy** · 14-03-2019, 16:44

Cool thanks.

**JhbBoy** · 14-03-2019, 17:41

I'd think you'd only lose your guns if convicted, or if the gun was used in the assault?

**Kev123** · 14-03-2019, 21:49

Well how would the courteven know you own guns, unless it was used in the assault and/or mentioned when the person laid charges against theoretical you?

**zguy** · 14-03-2019, 22:13

Just because a charge has been laid against one, does not mean you are guilty. People make bogus cases when thet are guilty. I think the logic is "if I'm in shit, I'm bringing you down with me" and a judge with 2 brain cells will realise it. That's if there is no merit for the charge. So hoping the theoretical punches were for a valid, legal reason and not a pride or ego stunt

**Voodoo 77** · 15-03-2019, 00:14

Would think that if the gun wasn’t used in the assault or even present with arrest, it shouldn’t be an issue if not convicted. The issue would be with the renewal of competency/licenses or applications for new additional licenses. You would then have a criminal record if convicted or if the case hasn’t been finalised still show as pending on your profile.

**William.kriel** · 15-03-2019, 07:44

Originally Posted by Kev123

Well how would the courteven know you own guns, unless it was used in the assault and/or mentioned when the person laid charges against theoretical you?

My attorney adviced me to store them at a GS . A day or two later the dfo and a detective showed up at my house and requested I hand them in at the police station. I don't know the usual procedure but in my case they knew exactly what firearms I had and wasn't happy with me keeping it with me.

**Toxxyc** · 15-03-2019, 07:50

Originally Posted by JhbBoy

I'd think you'd only lose your guns if convicted, or if the gun was used in the assault?

Nope. It's a violent crime, if you're convicted you will lose your guns, and you probably won't get new ones for a very long time, if ever. See how important it is to just avoid confrontation?

**Rodrage** · 15-03-2019, 12:00

Sect 103 of the FCA deals with declaration of unfitness. There are two subsections.
(1) deals with the situation where a person becomes unfit, i.e. you are deemed to be unfit, unless the court determines otherwise.
(2) deals with the situation where the court holds an enquiry to decide whether you should be declared unfit or not.
The enquiry takes place in court after conviction AND sentence.
It can only take place after sentence because the sentence may determine whether (1) or (2) applies.
For example, (1) will apply if convicted of
(g)"any offence involving violence, sexual abuse or dishonesty, for which the accused is sentenced to a period of imprisonment without the option of a fine"
whereas (2) will apply where an accused has been convicted of an offence
(2)(c)" involving violence, sexual abuse or dishonesty, in respect of which an accused was not sentenced to a period of imprisonment without the option of a fine".
Either way, your attorney is given the opportunity to address the court on whether you should remain unfit or not, (Section 103(1)) or be not declared unfit (Section 103(2)).
Obviously there is a long list of other offences which are included in (1) and (2), including failing to store, negligent handling or loss of a firearm, any crime involving the unlawful use or handling of a firearm even if by another participant in that offence, etc etc.
Thus assault with a firearm would automatically place an accused under 103(1) whether the sentence was an option of a fine or not.
The court does not need to know what firearms you possess to declare you unfit, but the result of this will be that an order is made for the immediate search and seizure of all comp certificates, licences, authorisations and pemits issued to you, as well as ALL firearms and ammunition possessed.

It must be noted that the court must give a convicted and sentenced person the opportunity to address on the issue, which will clearly mean the right to call witnesses. This is a separate enquiry to the trial itself and of course can be appealed.