CANADIAN FIREARMS SAFETY COURSE STUDENT'S HANDBOOK CRITIQUE By David A. Tomlinson In this paper, I am considering only those parts of the Student's Handbook which concern themselves with questions of law, and the problems facing Instructors as a result of a badly designed Instructor's Guide. The Handbook is sadly deficient in those areas. First, law material is scattered randomly through the Handbook, with tiny parts of the law added into material that has nothing to do with law. That pattern makes the law incoherent and difficult to learn; it's too disconnected. The law as it stands today is very complex and difficult to understand; you can't learn it that way. Second, some of the law material is incomplete or flatly wrong. The complexity of the law makes it very difficult to paraphrase, and the author of the main body of the Handbook was obviously not qualified to do such paraphrasing. Third, the author frequently adds his personal opinions, stating them as if they were the law. That is most confusing for the student, leaving him with false impressions. Fourth, the "safety" sections occasionally encourage the student to do things which are criminal violations of the law. Fifth, the actual wording of the laws and regulations are never given. The paraphrase is apparently expected to serve, although it is often in error. Because each error that the student makes from ignorance of the law is a crime, it is manifestly unfair to pretend that the Student's Handbook is a correct presentation of the Criminal Code provisions and regulations with force of criminal law--when it isn't. At the very least, he should be warned about the errors. Firearms control law simply cannot be handled in this amateurish fashion without causing many problems. As an illustration of the complexity of firearms law, I cite the conclusions of Mr. Justice Gibbs, Supreme Court of BC, 1986, in Hurley v. Dawson (Dawson had refused Hurley a permit which would have cost Hurley his job, for a non-violent marijuana offence.): This is a difficult case. Not the least of the difficulties is due to the tortuous language of the gun control provisions of the Criminal Code. In Regina versus Neil, Judge Gordon was moved, with some justification, to refer to those provisions as "one of the most horrifying examples of bad draftsmanship that I have had the misfortune to consider", as "so convoluted that even those responsible for enforcing the provisions are apparently unable to understand them", and as "a challenge to one's sense of logic." The problems caused by bad draftsmanship, convolution and illogic have been made much worse by legislation and regulations made subsequent to Mr. Justice Gibbs' comments. One need only quote the brand-new Criminal Code section 91(4.1) to illustrate this: 91.(4.1) Subsection (2) does not apply to a person to whom a permit to possess a particular restricted weapon has been issued under subsection 110(1) where the person is not the person mentioned in the registration certificate issued in respect of the restricted weapon, when the person to whom the permit has been issued possesses the restricted weapon at the place authorized by the permit. SPECIFIC PROBLEMS: Intro-1 paragraph 1: "firearms*" refers the student tot he glossary for a definition of "firearm." There, he finds: Firearm: Any barrelled weapon from which a projectile can be discharged at a velocity exceeding 152.4 meters/second muzzle velocity which is capable of causing serious bodily injury or death, including the frame or receiver of such a weapon. That is a mixture of the definition of "firearm" from Criminal Code s. 84(1) and an exemption in s. 84(2). That's wrong; the s. 84(2) exemption for "barrelled weapons" not capable of discharging a projectile at a velocity over 152.4 m/sec does not exempt all such devices from the classification of "firearm." S. 84(2) only exempts them from the classification of "firearm" if they would otherwise fall into the classification "restricted weapon" or "prohibited weapon." Any other sub-152.4-m/sec barrelled weapon is still a "firearm." Additionally, even where it applies the exemption does not totally exempt them from the "restricted weapon" or "prohibited weapon" classification for all purposes, but only for certain specified subsections. The Glossary is wrong, and may criminalize the innocent student. 1-25: "PROHIBITED WEAPONS AND DEVICES" In Canadian law, there is no such thing as a "prohibited device." 1-25 5. "Switchblade knives" Actually, "[s. 84(1)] Any knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of of the knife." If the author wants to give the law, he should do it accurately. 1-25 7. "Body-armour piercing handgun cartridges" Actually, "Any cartridge that is capable of being discharged from a... handgun... and that is manufactured with a projectile (sic; actually, the bullet does not become a projectile until it is in motion and free of the barrel) that is designed... to be capable of penetrating body armour composed of aramid fibre..." It is the "projectile" which renders the cartridge a "prohibited weapon," and the cartridge is irrelevant. For example, it is possible to load a .312" diameter rifle armour-piercing bullet into a .32 H & R Magnum revolver cartridge. The resulting low-velocity projectile will be unable to penetrate armour, but the cartridge so loaded is a "prohibited weapon" anyway. 2-8 Key #1: "use locking devices... on firearms whenever they are stored or transported." "...keep guns and ammunition out of sight during transport..." ...transport and store firearms unloaded and in locked containers..." "...store guns unloaded and separate from ammunition..." This advice, presented with the full authority of the Handbook, goes far beyond what the law calls for but is not identified as merely the author's opinion. It should be so identified, as it confuses the students. 2-9 Key 2: "It is safer to transport only unloaded firearms in a vehicle..." Actually, it is a criminal offence to transport a loaded firearm in a vehicle [OIC JUS-92-193-02 9, 10, and 11 and Criminal Code s. 86(3)]. Key #2 is one of the proudest features of the Handbook, and it is appalling to find such a blunder. 5-5 1: "Never have a loaded firearm in any vehicle." See above. 8-3 para 2: "Keep your firearms and ammunition out of easy access by storing them separated, disabled and locked away." That isn't the law, and isn't identified as the author's personal opinion. 9-5 para 3: "Ammunition for a firearm must be kept separate, or must be locked securely with the firearm in a case during transport)." There is no such law or regulation. Once again, the author's personal opinions are being presented as law. 9-8: "Collectors must also keep basic records that consist of the registration certificate and the application form used to obtain the certificate." That's incomplete. Collectors must also keep a copy of the permit whenever a restricted firearm is stored elsewhere than the place specified on the registration certificate, and documentation covering the report made to the police regarding any lost, stolen or mislaid restricted firearm, or face imprisonment for a term not exceeding two years. AB{PROBLEMS INSTRUCTORS ARE HAVING: LIABILITY: When he accepts money for teaching, the instructor becomes professionally liable; that is, the student can sue him for teaching the student to do a dangerous thing resulting in injury, death or loss to the student. ANY LIABILITY INSURANCE HE HAS PROBABLY DOES NOT COVER PROFESSIONAL LIABILITY. NFA Liability Insurance does NOT cover teaching this course. Therefore, the Instructor needs Professional Liability Insurance to cover anything that happens during the course, and as a result of the course at any later date. The insurance must cover him both while he is working as an Instructor and at any later date (even after the insurance is no longer in force) for anything that he taught during the time he was insured. He also needs a lawyer to read the insurance contract to make sure he's covered. The dangerous defects in procedure taught in the Student's Handbook require special treatment. Where material is defective, the Instructor should tell each student to cross out the bad material, using an indelible pen, and write in correct material. As an example, the Student's Handbook (at P 4-27) says: To load a semi-automatic firearm: (action already open) (a) Choose the right ammunition and insert it into the magazine. (b) Point the firearm in a safe direction with finger off trigger. (c) Check the barrel for any obstructions. (see Page 4-7) At page 4-7, we find: ...this should be done by looking through the barrel from the BACK or breech end. If you cannot, be very certain the firearm is unloaded and the action is open and chamber empty BEFORE looking down the barrel from the muzzle end. In the 4-7 paragraph, the phrasing is ambiguous, possibly leading one to believe that it is the empty chamber that makes the firearm "unloaded." That's an extremely dangerous set of instructions. For any semi-automatic firearm with a non-detachable magazine (semi-auto shotguns, many semi-auto rifles, a few semi-auto handguns), when the student or ex-student attempts to load his new firearm "by the book," he will follow the instructions in order as read. Typical results are: Late model Browning Auto-5 shotgun: As he inserts the first cartridge as required by (a), the gun will AUTOMATICALLY chamber it. The gun will probably NOT be pointed in a safe direction; that's (b). Result: A loaded, cocked gun pointed unsafely. M1 Garand rifle: At step (c), any bump to the butt will release the bolt (true for any semi-auto long arm with one or more cartridges in the mgazine) and he will abruptly be gazing down the muzzle of a loaded, cocked high-power rifle. If those instructions are still in the Student's Handbook after the course, the Instructor may later be sued for professional negligence or prosecuted for criminal negligence causing death. If they have been crossed out, the Instructor is completely liable for the material he told the student to write in as a replacement, so it had better be perfect. There are similar problems with most of the loading and unloading procedures in the Student's Handbook; it's very amateurish. There is also the problem that the student is supposedly being adequately taught everything covered by the course, sufficiently well for him to be safe with any type of firearm. That requires good teaching aids and a well-designed Lesson for each topic. TEACHING AIDS AND EQUIPMENT: The teaching aids kit supplied by Claymore is priced at about $2,000. It contains semi- deactivated long arms, blank- or non-firing replica handguns, and dummy cartridges. The kit contains neither an overhead projector nor a video tape player with display unit. Both are needed. While everything is in confusion as I write this, the Instructor is apparently expected to provide everything at his own expense, including everything from liability insurance to teaching aids. The handguns are a particular difficulty. If real handguns are used, they can't be used anywhere except at a shooting range or where they're registered (the owner's place of business or home). If semi-deactivated handguns are used, the same limits apply. A semi-deactivated handgun is still treated, in law, as if it were fully functional, and it is a restricted weapon. If the course is taught on a club's range, the club incurs liabilities. Legal advice should be sought to control that. No deactivated firearms can be used, because the video training tapes distributed to the police say that no firearm can be considered to be "deactivated" unless it is impossible to put any cartridge into the chamber. The course requires that dummy cartridges be put into the chambers of semi-deactivated guns. Note that de-registration does NOT mean that a handgun is no longer a restricted weapon. It may merely mean that someone made a mistake. In law, semi-deactivated firearms don't exist. For a kit containing firearms to be shipped from the Chief Provincial Firearms Officer (CPFO) to an Instructor, the Instructor must send the CPFO his Firearms Acquisition Certificate (FAC). To get a kit back, the CPFO must send his FAC to the Instructor. The law requires the shipper to get that FAC before shipping. A copy is no good; it has to be his original. As I write this, there are no solid indications as to where the overhead projector and video equipment will come from, or who will pay for them. Nor are there any indications as to who will supply or pay for the room required for the course. LESSON SAMPLES FROM THE INSTRUCTOR'S GUIDE: LESSON 7: Loading cartridges or loose powder and ball into chambers, filling and emptying magazines and cylinders, inserting and removing magazines, and manually operating actions to chamber or remove cartridges or shells. [30 minutes allocated] 1. (1) Review 6 types of firearms actions, (2) question class on safe handling procedures, (3) question class on ammunition identification, (4) teach procedures for barrel obstruction checks for every type of firearm, (5) teach loading dummy cartridges into the chamber for every type of firearm, (6) teach loading and insertion of every type of detachable magazine, (7) teach loading of every type of tubular magazine, (8) teach two ways of loading every type of magazine firearm (chamber empty or not), and (9) teach that the chamber be kept empty until ready to fire. [18 minutes allocated to teach all that] 2. Teach legal prohibitions regarding magazine size, including 5-shot limit for all semi-automatic rifles except .22 rimfires, 5-shot limit for some named handguns, 10-shot limit for all other handguns, no limit for any firearm that is not restricted, semi-automatic or full automatic. [2 minutes allocated] 3. Teach loading procedures for every type of muzzle-loading firearm, including wheellock, flintlock and percussion rifles, muskets, shotguns, pepperboxes and revolvers. [5 minutes] That's a lot to accomplish in "5 minutes." 4. Practical drill: Have all class members practice loading and removing dummy cartridges from every type of firearm and every type of magazine, stressing safe muzzle and finger positioning and the need to check the barrel for obstructions every time before loading each firearm. [20 minutes allocated] LESSON 10: Misfires, cleaning firearms, firearms collection legislation, firearms storage legislation, firearms storage procedures, firearms transport legislation, and firearms transport procedures. [30 minutes allocated for all that] 1. (1) Teach causes of firearms deterioration including corrosion, humidity, firing residue buildup, and warping, (2) jamming in all types of firearms, (3) safe procedure for cleaning every type of firearm, and (4) the use of a cleaning kit for every type of firearm. [5 minutes allocated for all that] 2. (1) Teach possible causes and locations of jams in every type of firearm. (2) Teach class not to try clearing jams--"recommend that it be done only by a expert. [3 minutes allocated for that] NOTE:If the student is alone on the range when it jams, you've just taught him to transport a loaded firearm to the "expert." Transporting a loaded firearm is a criminal offence. 3. Describe the various permits. [2 minutes allocated] NOTE: There are twelve licensing documents used in the firearms control system. 10 seconds each? One can't say much! 4. (1) Teach the causes of misfires for every type of firearm. (2) Teach the handling procedures for dealing with misfires for every type of firearm. (3) Teach that clearing a misfire should only be done by "a qualified person or gunsmith." [3 minutes] NOTE: Again, if he's alone when it happens, you've just taught him to transport a loaded firearm to the "qualified person or gunsmith." Transporting a loaded firearm is a criminal offence. Jams and misfires are things that any competent shooter knows how to handle. By refusing to teach them adequately, this course will routinely certify unsafe and unqualified people. 5. Teach the legislation and procedures pertaining to "genuine gun collectors" including (1) regulations and definitions, (2) requirements, (3) proper records and ammunition storage, and (4) penalties in law. [4 minutes] NOTE: It is simply not possible to meaningfully cover such a complex and difficult area of law in "4 minutes." 6. (1) Teach legal requirements for firearms and ammunition storage and transport, (2) teach temporary disabling of actions, use of various types of trigger and cable locks, laws and regulations regarding when a firearm must be out of sight, locked up, etc., and (3) teach permit requirements for transport of restricted weapons. [13 minutes] NOTE: This entire incoherent and disconnected mishmash of unrelated material is supposed to be taught in 30 minutes flat. As a person with long experience in dealing with the convolutions of firearms law, I offer my profound sympathy to the Instructors who must try to teach at the pace required. Most of the Instructors qualified thus far have very limited knowledge of the tangles in firearms law regarding unrestricted firearms. In the much more tangled area of restricted firearm law, Instructors coming from Hunter Safety Programs probably won't know nearly enough. The legal sections of the course are going to test their ability to teach anything that is useful to students. LESSON 11: Public rights and apprehensions, appropriate behaviour, other federal and provincial legislation affecting firearms, and 3 Keys-Vital 4 review. 1. (1) Review federal firearms legislation regarding FAC, storage and transport requirements, magazine size legislation and restricted firearms permits, (2) review and expand upon all legislated classes of firearms, (4) [sic] regulations regarding sales, transfers and loans of restricted and unrestricted firearms and (5) penalties provided in law. [12 minutes] 2. (1) Review all other possible regulatory sources affecting firearms, including federal agencies, provincial governments and municipal authorities, (2) expand on municipal bylaws [not in Student's Handbook or Instructor's Guide], (3) teach that ignorance is no excuse. [5 minutes allocated] 3. (1) Question class regarding legal and social behaviour, divide class into discussion groups to discuss questions, (2) have each group present concensus back to the class, (3) expand on moral responsibility for firearms security, legal rights to freedom from trespass, endangerment and harassment, and (4) relate safe storage to pride in mastering safe handling and shooting skills. [26 minutes allocated] 4. Display 3 Keys and point out the relationship to responsible and appropriate behaviour. [2 minutes allocated] NOTE: As is fairly obvious from the above sample lessons, the quantity of material to be covered is unreasonable when compared with the time allocated for the coverage. This is particularly true of the legal areas, where the amount of time allocated is hopelessly unrealistic.