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Old January 6th, 2008, 09:36   #98
mcguyver's Avatar
Join Date: Aug 2005
Location: Northern Alberta
Originally Posted by Brian McIlmoyle View Post
The CCC states clearly that it is not an offense to posses replicas..any replica.. it does not mention ANYTHING about when or how you got them..

Therefore... posession of replica firearms is legal... full stop

the act of transfering replicas has been illegal from 1998..performing an illegal act does not make an object Illegal... that is also from the legal opinion.

Doess the CCC arrest you for performing an illegal act? No. The RCMP does. The copy/paste portion of the CFC fact sheet (their published official interpretation) says "NO" to possession and "NO" to acquisition.

If it went to court and you said "Your honor, the law is clear that I can possess it, but I couldn't acquire after 1998" his question is going to be "Well, when did you get it?". If your response is anything after 1998, your goose is cooked. It doesn't take a genius to figure that out.

My point is, acquisition comes first, possession comes second. You can't possess it if you didn't first acquire it. And there has been a time limit on legal acquisition, irregardless what the CCC specifically says on simple possession only. Our laws get altered by judges all the time, and unfortunately their interpretation can and does trump Parliament if they feel it necessary.
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