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KAMLOOPS DAILY NEWS DATE: 2006.06.13 CATEGORY: Western regional general news BYLINE: ROBERT KOOPMANS cpw WORD COUNT: 437 -------------------------------------------------------------------------------- Judge tells Kamloops, B.C., man he is stuck in bureaucratic bungle -------------------------------------------------------------------------------- KAMLOOPS, B.C. (CP) _ While sympathetic, a judge told a Kamloops gun owner trapped in a bureaucratic bungle he couldn't help him out. Provincial court judge Chris Cleaveley dismissed an application from Mike Cianci. He wanted the judge to order a review of the government's refusal to issue him a registration certificate for a small pistol he uses in cowboy action shoots. Cianci told the court he bought the .38-calibre revolver in March 1998, about six months before new firearms laws proclaimed the gun a prohibited weapon. Cianci said he uses the gun solely for target shooting. He described the short-barrelled gun as a replica of the kind carried by gamblers in the late 1800s. It is a small, low-powered, terribly inaccurate gun designed for use at close range. ``No self-respecting dope dealer would ever think of owning a gun like this one,'' Cianci told the judge. Cianci knew in 1998 the gun was to be declared prohibited, but he expected the government would enact legislation allowing people who legally owned such guns to keep them. The government did just that in April 2005, amending the Firearms Act to “grandfather'' gun owners like Cianci. The amendment, however, states the gun owner must have held a permit for the firearm continuously since the purchase in order to be grandfathered. Cianci's permit and registration certificate expired Dec. 31, 2002. The irony _ the government refused to issue new permits or registration certificates for the handguns after the old ones expired in 2002. “That seems pretty unfair, don't you think?'' Cleaveley, the judge, asked federal Crown counsel Anthony Varesi. The lawyer conceded there appears to be problems with the legislation. He noted a private members bill that would have corrected the bureaucratic error died on the floor of Parliament with last year's election call. “The firearms officer had no choice but to refuse the licence, based on the legislation as it stands. His decision was reasonable,'' said Varesi. Cianci described the legislative trap the amendment created as “enormously unfair.'' “Why would they put in legislation, dangle it out there, raise people's hopes and then take it away,'' Cianci said. “This isn't rational, its not logical, its not fair ... You can be sure I will never vote for the federal Liberals for as long as I live.'' Judge Cleaveley agreed Cianci is caught in an unfortunate situation, but told the man in the circumstances there is nothing the court can do. “As unfair as it is, I don't make the law. I apply the law and make decisions on the facts. Unfortunately, you are caught in the gap and I do not think I can offer you any relief,'' Cleaveley said. He noted an Alberta judge recently wrestled with the same problem and reached the same conclusion. Cleaveley told Cianci there are only two options open to him _ press government for changes to the legislation or challenge the constitutionality of the it. Cianci told the court lobbying efforts to government have long been underway _ to no avail so far _ and the legal costs of mounting a constitutional challenge are prohibitive. ____________________________________________________________________________ GARRY BREITKREUZ’S ATTEMPTS TO FIX THIS LIBERAL MESS November 15, 2005
- BREITKREUZ SECOND MOTION FOR 12(6.1) HANDGUNS DEFEATED NOTE: The two Bloc MPs voted with the four Liberals to defeat Garry Breitkreuz's motion supporting the law-abiding owners of 12(6.1) handguns. NDP Joe Comartin voted with the Conservative MPs in support of Garry's motion. October 26, 2005 -
Mr. Garry Breitkreuz (Yorkton—Melville, CPC) moved for leave to
introduce Bill C-433, An Act to amend the Firearms Act (registration of
handguns). June 28, 2005 LIBERALS
& BLOC DEFEAT BREITKREUZ'S MOTION FOR OWNERS OF 12(6.1) HANDGUNS June 15, 2005 - Library of Parliament paper entitled: Section 12(6.1) Handguns First Registered Between 14 February 1995 and 1 December 1998. EXCERPT: Although Bill C-10A amended the Firearms Act to allow pre-December 1998 s. 12(6.1) handguns to be grandfathered if a registration certificate has been “continuously” held, there was no legal authority for the Canada Firearms Centre to renew the certificates until the relevant amendments came into force. By that time, it was too late to ensure continuous registration, as the certificates had already expired. Because the expiry of the registration certificates in December 2002 and the “continuous” requirement were both set by law, the Canada Firearms Centre may not issue registration certificates for s. 12(6.1) handguns first registered between 14 February 1995 and 1 December 1998 without a legislative amendment. Click here to read
the full Library report: |