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My Freedom Could Be In Your Hands - Up and Coming Court Case (re: specarms)

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Old November 21st, 2008, 01:12   #46
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i was around airsoft in B.C. during that time but i have had no dealings with specarms. not sure how i can help but i can link this thread to the OP-FOR and B.C.A.C forums just to help spread the word a little.
well it appears i was to late,,,this has already been posted on the OP-FOR and B.C.A.C. forums.

will...would any of my pictures or airsoft videos be any assistance?
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Old November 21st, 2008, 12:29   #47
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I've been looking at a few of these letters, and I have to ask; is not admission of purchase of replica firearms, albeit for recreational sporting purposes, dangerous ground? Does this not also provide further evidence against the accused with regard to selling prohibited devices?
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what if it model after his?
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Old November 21st, 2008, 12:33   #48
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From what has been said, it appears that Will has already pleaded guilty to a number of the charges, and the letters goes towards an argument for minimum sentencing.

What Lawdog suggested was happening: http://en.wikipedia.org/wiki/De_minimis_non_curat_lex
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Old November 21st, 2008, 12:36   #49
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He has already plead guilty to the charges, he is going for sentencing.
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Old November 21st, 2008, 17:45   #50
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emails

Just to let those sending this gent emails of support.... an email of support would not be allowed in court as it is not signed in pen. I ran into a similar problem with one of my customers earlier this year where he needed me to send a letter to him showing my support. His lawyer had him contact me a get me to send it via mail signed. If you are going to send him letters of support make sure you send them via mail to him signed.... they will have far more weight in the courtroom that way.

Cheers,
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Old November 21st, 2008, 19:30   #51
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Sorry, but I read the thread. What I'm saying is that those who write in as customers may be buying themselves a problem if their own, and the letters may work against the sentencing as it shows, conclusively, with or without the plea of guilty, that the accused was indeed in contravention of the law on a large scale.

If a drug dealer pleads guilty, do think it would help his case if all his customers showed up and said "hey, I bought from him but only for medicinal use. He's an ok guy, you know?"
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Old November 21st, 2008, 19:41   #52
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I suppose that's something of a catch 22.

If Will receives the supportive letters and with them successfully argues de minimis non curat lex, it's unlikely the court will seek action against the letter writers. After all, it has already ruled that Will's offence was trivial.

If Will receives the supportive letters and with them fails to convince the judge, the letter writers do kind of flag themselves.

If Will receives a lack of supportive letters, it increases the likelihood that his argument will fail, and the severity of his sentencing will reflect poorly on our position down the road.

I think in this case, an overwhelming response from appropriate members of the community is better than everyone turtling. First of all, the more people responds as having done business with Will for the purpose of airsoft, the more of Will's inventory the judge will be able to abstractly account for. Secondly, a sufficiently large number of responses is a defence for letter writers, in that it makes prosecuting everyone extremely demanding and unappealing.
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Old November 21st, 2008, 20:21   #53
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Quote:
Originally Posted by MadMorbius View Post
Sorry, but I read the thread. What I'm saying is that those who write in as customers may be buying themselves a problem if their own, and the letters may work against the sentencing as it shows, conclusively, with or without the plea of guilty, that the accused was indeed in contravention of the law on a large scale.

If a drug dealer pleads guilty, do think it would help his case if all his customers showed up and said "hey, I bought from him but only for medicinal use. He's an ok guy, you know?"
The arugment being used against him is that he soley operated to supply gang members and criminals with illegal weapons. Letters from the community would be used as evidence to show that he did not sell these replicas to people who wish to use them in crimes. He's already admitted to breaking the law on a large scale with his guilty plea, now he is attempting to prove that he was not supplying other people with the replicas for the purpose of doing harm.

Also, it is highly doubtful that these letters would be used against the writters. The RCMP have already shown a tolorance and on some level an acceptance of the sporting community. The charges in this case were laid by the CBSA. The CBSA has no grounds to go after individual owners unless they imported the items themselves.
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Old November 21st, 2008, 20:26   #54
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Ok, we need an address to mail letters to if we need to sign them.
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Old November 22nd, 2008, 00:04   #55
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Will,

I can't do much since I'm still underage, but I wish you all the luck I can. This case affects you, and can affect the community as well as other retailers.

Good luck, may the Airsoft be with you!
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Old November 22nd, 2008, 19:11   #56
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man I really hope the we all got to stand up and do something about this, the law for airsoft is already bad as it is... we got to fight it to gain our freedom!
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Old November 25th, 2008, 02:23   #57
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would attendance of the community help? perhaps a gentle demonstration?

as a proof of airsoft is a sport thing? maybe you vanc guys could attend and just stand behind him? maybe it would be good press.
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Old November 28th, 2008, 14:20   #58
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Hey Guys n Gals,

I just want to take this time to thank all of you who chimed in here and also through email and phone calls.

It is really nice to hear from a lot of you and the kind well wishes.

As you may imagine it's been a very busy few days leading up to December 1st and 2nd. I do apologize for the lack responses here.

As for any more letters the deadline has already come as I've submitted everything to get bound and given to the Judge.

I guess it's safe to say that, if you guys see a post from me after the 2nd of December then things went ok.

Again, I want to thank all of you across Canada in the airsoft community for all the well wishes. It was a pleasure playing and serving the community.

Sincerely,

Will
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Old November 28th, 2008, 14:30   #59
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Good luck man. We'll be here waiting for you.
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Old November 28th, 2008, 14:47   #60
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Good luck will, hope it's enough. Since you've received everything you needed I've merged all the split threads and deleted any duplicates. Let us know on the second that you're free.
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