Police often seize firearms on very flimsy grounds. If the firearms are not returned, charges must be laid, or a prohibition hearing started. However, in today's world, the police are often afraid to return firearms. That is because, if they do, and the owner does something bad with a firearm, the police will be crucified by the media.

The owner should NOT answer questions, make statements, or sign statements. Police investigation is done in order to gather evidence to charge the owner, and firearms law is so complex that an owner is very likely to give them enough evidence to convict him. He should not try to manage this kind of case without the assistance of the National Firearms Association and a lawyer who has been briefed by the NFA. He should not discuss the case with reporters, relatives, friends, or anyone else, as anyone he talks to may turn up in court as a witness for the prosecution.

The NFA has formidable expertise, the result of handling several thousand such cases over the past few years. It also has briefing papers for each type of "offence," and many transcripts of favorable court decisions. All of this material is available to the accused's lawyer, or to the accused if he is acting as his own lawyer, at no cost.

If the Crown starts either type of action, they must notify the accused of the charge or of the prohibition hearing. If that happens, the owner should immediately call the NFA at (780)439-1394. The best time to call is between 8 and 11 AM, Alberta time.

The police can legally hold seized firearms for three months, unless a charge is laid or a hearing is scheduled, in which case they can hold them until the matter is disposed of. If they do not do that, then before the three-month limit expires, they must take them before a judge in order to get a court order allowing them to hold the firearms longer, or else return them to the lawful owner [Criminal Code section 490(1) and (2)].

If a police or other authority exceeds the three-month limit, the owner should immediately present the person or detachment holding the property with a letter saying, "I hereby demand the immediate return of my property, under the terms of Criminal Code (CC) section 337."

CC s. 337 affects any federal, provincial, or municipal employee who has control or custody of anything by virtue of his employment. If he refuses to deliver that property to a person who is authorized to demand it, and who does demand it, he "is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years [CC s. 337]." Most police officers have never read CC s. 337.

The property should be listed, and the circumstances under which the seizing authority took custody of the property should be outlined.

It is a criminal offence to not report the theft of a firearm. When an owner does report theft of a firearm, the police often seize his entire collection of firearms after recovery or immediately if not all of the firearms have been stolen. Publicity about cases of that type persuade people not to report thefts. That makes them criminals under CC s. 105(1)(a).

It is extremely difficult to punish police officers for this type of incompetent activity, because most Crown prosecutors and judges will support the police whenever possible. They have to--their own jobs become impossible if the police turn against them.

It is easier to embarrass the police by winning the case. That also embarrasses the Crown prosecutor, and makes him less likely to proceed with the next result of police incompetence.