Haggis
Army.ca Veteran
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There's a lot of details missing in this story but it casts a shadow over anyone engaged in off-duty practice with duty firearms.
My agency allows pre-authorized off-duty practice with our prohibited duty firearms and magazines. There's too much missing from this story for it to make sense to me. Some clubs are turning against off duty practice by LEOs to send a message to Bill Blair. I don't think he'd be facing Criminal Code charges for breaching a club rule/by-law.Off duty means the normal rules apply, so pulling out your duty C8 and 30 round mags is an offense. Assuming that's what was done...
It is about like saying Pte Snuggles from the 31st Bucktooth Fusiliers can sign their C7 out of stores on the weekend for range practice.Here's hoping you have a strong legal opinion supporting that activity. Does your agency have legal authority to approve off duty employment of prohibited weapons?
If the police force rents a facility for their training, should be fine. As that is on duty for those employing the weaponsShould not anyone using a civilian range have to comply with extant regulations for civilians? It seems inappropriate for police to bring duty (prohibited ?) weapons to a civilian range, doesn’t it?
It says service issued firearms (plural) and prohibited device- were he using a force issued mag in a personally owned AR it would likely be a restricted firearm charge, not prohib. I’m assuming he doesn’t own his own S&W 5946. My gut feel here is issued pistol, issued carbine. The former wouldn’t jump out to me as weird. The latter definitely would though it’s not impossible for that to happen legally. With that said the closer you get any any vaguely urban detachment, the tighter the controls on the C8 will likely be. And an on-call remote posting member storing a C8 at home wouldn’t be taking it to the range in Calgary. I also note that there were both issued and non-issued firearms present, according to the story.He’s from a large detachment. Complete and pure speculation- but having managed in a large municipal detachment in Alberta where I also was a firearms trainer.
I would suspect looking at the charges that he was using his issued magazines in his own firearms while shooting off duty,
You don’t sign out a carbine at the range in those places. You train carbine with a COT/CIT.
Articles are pointing out they had a variety of firearms issued and unissued.
The artilce I linked stated that the charges related to his use of service firearms. Would it be possible for a member to be under a firearms prohibition with a CCC 113(1)(b) exemption for on duty use?I saw an article that basically described a bag of mixed guns. But good point.
Not sure. Perhaps? I’d have to double check, but I believe losing the ability to carry and use a firearm could be considered a loss of basic job requirement (like security clearance or ability to drive) and could result in an administrative discharge. (Obviously disability accommodations that preclude carrying a firearm are a different situation)The artilce I linked stated that the charges related to his use of service firearms. Would it be possible for a member to be under a firearms prohibition with a CCC 113(1)(b) exemption for on duty use?
Yes. We are Public Officers for the purposes of possessing prohibited firearms while off-duty and at a place other than an agency facility.Here's hoping you have a strong legal opinion supporting that activity. Does your agency have legal authority to approve off duty employment of prohibited weapons?
That's kinda where I was going. A wise old friend says "never say "never" and never say "always"."If I recall correctly, you can have an exemption but it is basically never done. It’s almost a vestigial portion of the code except in the case of sustenance hunters.
But I think Modlmike is tracking, that would make some sense
Was he maybe on some sort of prohibition, due to a domestic dispute? That could explain it.This part needs to amplified: Possession of a firearm while unauthorized
My unit has an in house crown prosecutor, and I think h moonlights as a diaper salesman. Always telling me “depends…”Yes. We are Public Officers for the purposes of possessing prohibited firearms while off-duty and at a place other than an agency facility.
That's kinda where I was going. A wise old friend says "never say "never" and never say "always"."