FIREARMS ACT -- GENERAL FACTS

In the Justice Department's "Firearms Act -- General Facts" paper we find 
much to question, here using their "fact" numbers.

Fact 1: "Inspection will require prior notice and approval by gun owners."  
That is false.   C-68's Firearms Act section [FA s.] 99 [now renumbered to 102] 
says, "an inspector may at any reasonable time enter and inspect any 
place. . ."

"Those owning fewer than 10 firearms are exempt."  That is false.  FA s.  
99 [102] says "a gun collection" of any size is subject to these inspections,
 and the existing Criminal Code deals with a "collection" as small as one 
firearm [CC s.  84(1)].

Fact 3: "Owners are entitled to retain all handguns except those 
prohibited."  Under CC s.  117.15, any or all handguns in Canada can be 
prohibited and confiscated without compensation by Order in Council.  FA s.  
112(6) [119(6)] says that may be done without notice to anyone and without 
scrutiny by Parliament.  The precise language of CC s.  117.15 ensures that 
such Orders in Council are immune from any appeal to the courts.

Fact 4: "Tourist outfitters will be able to complete permits prior to 
guests arriving. . ."  The outfitting business is already in a slump due to 
cancellations from Americans unwilling to have their firearms recorded here, 
with records then sent to the BATF.

Fact 5: When lending a firearm, "The registered owner of the firearm does
 not need to see written proof of the borrower's licensing."  That is false.  
FA s.  32 [33] says, "a person may lend a firearm only if (a) the person:
 I) ensures that the borrower holds a license authorizing [him] to possess 
that kind of firearm."  The CC s.  84 (1) definition of "transfer" includes 
"lend" as one type of transfer, so the entire complex procedure set forth in 
FA s.  22 [23] , 26 [27] and 30 [31] applies to any loaning of a firearm.  A 
firearm cannot be loaned before the loaner receives "the authorization of 
the chief firearms officer for the transfer under FA s.  22(b) (ii) [23(b)
(ii)]."

Fact 9: "Registration is a once in a lifetime cost."  That is false.  FA s.  
121(2) [127(2)] says, "A registration certificate [that is in force on the date 
of proclamation of Bill C-68] expires on. . . (b) December 31, 2002, or such 
other date as is prescribed [by Order in Council]."

Fact 9: "Registration for newly-acquired firearms will be $15 for non-
restricted firearms. . . and $60 for restricted firearms." Compare that with 
Q3 in the "Q" series published by the NFA earlier.  Which one is false?  Or 
are they both false?

Fact 11: "The electronic database to store all firearms registration will be 
the same as the taxation system used by Revenue Canada, which has 
proven fail-safe and secure."  That statement is poppycock; a skilled hacker
 leaves no traces of his illegal entry, and copying data from a computer file 
leaves no trace that the data has been copied.  The government's computer 
systems are known to be grossly insecure, and they will not be improved by
 refusing to admit this problem exists.

The part of the paper entitled "Proposals Before Changes -- Legislation 
After Changes" is meaningless.  The "Legislation After Changes" table 
merely lists things which are subject to reversal by Order in Council, without 
notice and without Parliamentary scrutiny, at any future date, and by this or 
any future Minister of Justice.  C-68 isn't law, it's a bowl of Jello.  

David Tomlinson
National President
National Firearms Association