National Firearms Association          Shelley Case

To those Facing Confiscation of "Converted" Full Autos:


1.  A "firearm," as defined in Criminal Code section 84 (1) as [a whole
gun], "any frame or receiver [ of a gun ]," and "anything that can be
adapted for use as a firearm.  " Therefore, the only part of Your  gun
which is a "firearm," once it is disassembled, is the naked receiver.
It is extremely difficult to tell whether or not the naked receiver
left the factory as a full auto or as a semiauto, because many
"obviously" full autos did leave the factory as semiautos (e.g., most
M-14 rifles).  Section 84(1) requires the Crown to prove what it was on
the day it left the factory:  "is capable of, or assembled or designed
and manufactured with the capacity of firing  [ full auto ]."

2. You may strip your firearm down to "naked receiver" status and sell
all of the parts except the naked receiver, even to a person who does
not have an FAC, because nothing involved is a "firearm." They may tell
you that it is an offence to sell parts of a "prohibited weapon," but
they are wrong:  Section 95(1) covers only "any component or part
designed exclusively for use in the manufacture or assembly of a
prohibited weapon.".  That means that any part which is also a part for
a "restricted weapon" is not subject to  s.  95(1) and there are
probably several legally registered guns like yours in Canada, defined
in s. 89 (1) as "restricted weapons." No part which will fit in any one
of them qualifies for the s. 95(1) prohibition.

3.   If they want to know the name and address of the person you sold
the parts to, you need not answer.  Note that silence is superior to
argument or explanation because you always have a right to remain
silent, and it prevents later argument about what was said.  They have
the right to ask questions, but no right to compel you  to answer.
Talk  as little as possible; use the standard formula, "I prefer not to
answer that question." Then stay silent, regardless of pressure to give
another answer.

4. If you have a private agreement that you may  buy the parts back at
some later date, after the legal situation is clear, that is a private
matter and no business of the police.

5. It is necessary to make the taking of your firearm a seizure and not
a surrender.  They will usually bring a form for you to sign stating
that you voluntarily give it up  and grant permission for it to be
destroyed or taken as Crown property.  DON'T SIGN IT OR ANYTHING ELSE.
As you hand it over, say "This is a seizure, and I am not giving this
firearm up voluntarily." Hand them a letter with the firearm saying the
same thing, and keep a copy ofthat letter.  If possible have a witness
keep a   copy of that letter.  If possithe seizure, someone (preferably
not a relative) present for the seizure, someone sharp and believable
for later court appearances.  Have this person make notes about what
happens, and if possible tape the entire interview.  Under current
Canadian law, you may legally record any conversation of which you
yourself are a part without notifying the other parties.

6. After they depart, make notes about what happened and compare them
with the notes made by   your witness.  Resolve any problems or
differences, and keep careful records for later reference.

7. The police should bring a Search Warrant, and  give you a copy.
That is a requirement of the law when they are seizing anything.  If
they don't, do not mention it; it's ammunition for you.  Give them a
photocopy of your registration if they ask for it, but refuse to give
them the original (unless they have a Search Warrant it) and make sure
they never get it in their hands.  Five days after they take you
firearm, go to the local court that would have issued such a warrant
and buy (cost of copying) a copy of the Return on the seizure.
Explanation:  The police must file a Return for every Search Warrant
that they execute!  Where they seize without a Search Warrant, they
must still file a Return to ensure that property taken into
police/court custody is properly accounted for. If they fail to file a
Return, that  is unlawful and more ammunition for you.  Any Return is a
public document, open to all.

8. If they seize, it will be under s.  102, and s. 102(2) allows you to
"claim" your property by producing "a registration certificate or
permit" (NOTE:  Produce a photocopy, DON'T let them get their hands on
originals!) at any time within 14 days of the seizure.  Do it.  You
should refer to s.102(2) and to s.337 as justification for your
demand.  At that point, the firearm "shall forthwith be returned to
that person" or they refuse to return.  Try to ensure that they
actually read s.  337, which provides that any federal, provincial or
municipal employee who has "receipt, custody, management or control of
anything and refuses to deliver it to a person who is authorized to
demand it and does demand it, is guilty of an indictable offence and
liable to imprisonment for a term not exceeding fourteen years.  Not
one police officer in a hundred has ever heard of s. 337.

9. Where it is not returned, s. 102(3) provides that "a peace officer
shall forthwith take it before a provincial court judge..." That's a
requirement in law, they must do it.  There is an absolute limit of 90
days they can hold it before taking it before a judge; then s.  337
becomes really powerful.

10. When your case finally gets in front of a judge, you may ask for
it  to be put over until the (mostly NFA) cases currently before the
upper courts (Simmermon , Rogan, etc. ) are resolved, because they
affect your case. If you run it, you can bring out the evidence of
"unreasonable seizure" (illegal Procedures, threats, failure to get a
Search Warrant failure to file a Return, etc.) contrary to  s.  8 of
the Canadian Charter of Rights and Freedoms.  Ask the NFA for help
(early!) if you do this.

11. This entire operation results in heavy costs to the Crown and
police, who must go through this entire exercise, wasting manhours and
money, in order to (perhaps!) successfully confiscate--nothing but  a
naked receiver.  It's quite discouraging What they want to do is take
your whole firearm, and get signed permission to destroy or keep it,
and it's over.




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