NFA Presentation on Bill C-10A Senate Legal and Constitutional Affairs Committee 2003-10-29

Link to original document on Senate website.

COMPARING THE C-10A REGULATIONS AND UGF RECOMMENDATIONS 

The National Firearms Association have been comparing the recommendations on how to "fix" the firearms control system made to the Minister by the Minister's User Group on Firearms (UGF) with the recommended C-10A Regulations supplied by the minister.{mosauthorxtd noshow} 

The UGF is not allowed to tell anyone what it recommends, so it took an Access to Information Act demand to get the UGF's recommendations. They are somewhat of an eye-opener. It is quite interesting to see where the problems and communication failures are coming from. 

1. The UGF recommended that the Minister eliminate the Gun Show Regulations, and just use the licence and registration rules.

National Firearms Association Note: Instead of doing that, the C-10A "Regulations Amending the Gun Shows Regulations" gives the bureaucracy additional powers to make decisions regarding gun shows. The bureaucrats are not qualified or adequately trained to exercise those functions, and no public purpose is served by granting them these additional powers.  

Additionally, the number and range of Orders in Council [OICs] with force of law is out of control, and has been for years. 43 OICs affecting firearms were issued in the period Mar 1998 to Dec 2001. One result of that is the Regina versus Rusk case (attached), in which Mr. Rusk was charged with violating regulation 4 of the "Storage of Non-Restricted Firearms" section "on or about the 4^th of August, 1999." 

That entire set of regulations died on 01 Dec 1998, and regulation 4 was replaced by regulation 5 of a new set of regulations. The dead regulation that was the basis of the charge [violation of regulation 4, contrary to CC s. 86(2)] was, on the date of the offence, null and void. The entire case was heard, and Mr. Rusk was acquitted, with no one noticing that. As OICs can and do change without notice or publicity, this sort of error is becoming more and more common. 

That is unacceptable, and indicates that the bureaucracy is controlling the situation for the benefit of the bureaucracy. Unable to write legislation that makes sense, the incompetent firearms control bureaucrats who write laws and regulations repeatedly demand that the minister issue OICs to cover their latest bungles. There is no practical way to keep judges, Crown prosecutors and defence lawyers up to date on the changes made by all those OICs, so miscarriages of justice are the inevitable result. 

1. The UGF recommended that the Minister reworks and simplifies the Shooting Range Regulations, as shooting ranges are trouble-free.

National Firearms Association Note: Instead of doing that, the "Regulations Amending the Shooting Clubs and Shooting Ranges Regulations" merely continue the status quo.

That is unacceptable, and indicates that the bureaucracy is controlling the situation for the benefit of the bureaucracy.  

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 1.1 says that a firearm is to be "identified" by "referring to its make, class, type, action, and calibre or gauge." In fact, the latest registration certificates have no 'box' for "calibre or gauge," and the Registry is routinely registering firearms as "Make: Unknown."

National Firearms Association Note: A firearm may be identifiable with an adequate degree of accuracy if the data relating to it includes all of: Make, Model, Calibre, and Serial Number. Some firearms cannot be identified unless additional information is recorded. For example, standard German military firearms (of which there are probably about a million in Canada) cannot be identified without the year of production and manufacturing factory also being recorded -- something the Registry has never done. Those interested in that aspect of firearms control system failure are referred to the NFA paper, "The Muddle of the Mausers" (attached). Currently, the Registry is routinely registering firearms with no indication of Make, Model, Calibre, year of production, or manufacturing factory. The Registry is a bad joke, because data from its files cannot be used as valid evidence in a court of law -- and the NFA can prove that.  

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 2(1) demands that an application for a registration certificate for a firearm being imported must include information that the application information "has been verified by an approved verifier."

National Firearms Association Note: That section is nonsensical, because the verifier program is in ruins. When an Edmonton buyer was given three phone numbers for verifiers, one number was discontinued; one never returned calls; and the third offered to verify by fax -- without seeing the firearm.  

Additionally, the verification cannot be done if the firearm is being imported until the firearm arrives -- because the verifier cannot verify the Serial number until the firearm is at hand. The verifiers lack the necessary knowledge to verify firearms data meaningfully -- and the National Firearms Association stands ready to prove that by actual test. The verifier program is not a credible program. 

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 4(c) requires notification of any change in "type, action, calibre or gauge."

National Firearms Association Note: "Gauge or calibre" is not even on the registration certificate, so that is nonsense. 

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 5(1) requires notification to the bureaucracy of an action "within 13 months."

National Firearms Association Note: If the notification were needed for any purpose other than increasing the money spent on bureaucracy, it would have to be done within some reasonable time frame. Requiring notification "within 13 months after the modification" indicates that there is no requirement for the notification at all, and the only purpose is to employ bureaucrats. This is a waste of tax money. 

In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 7(2)(a) changes the time allowed for attaching a [Firearms Identification Number (FIN)] sticker from 30 days to 60 days. 

National Firearms Association Note: This indicates that the FIN sticker program is in deep trouble, and should be scrapped. The sticker, when combined with the current registration certificates, usually leaves the firearm unidentifiable and untraceable. The National Firearms Association can prove that.  

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 7(3) adds to the quagmire.

National Firearms Association Note: This area has become so complex that no one understands it, and it is unenforceable for that and other reasons. This benefits no one other than the bureaucrats, who are paid handsomely to control the chaos that results -- and fail. 

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 7(4) results in a requirement to re-locate FIN "stickies" on many, many firearms.

National Firearms Association Note: No method of notifying the owners of those firearms is proposed or practical. This proposal is expensive (requiring creation of many particular-number "stickies") and unworkable. 

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 11(1)(b) sets up a condition that can result in the recipient being in possession of an unregistered firearm, contrary to FA s. 112 and/or CC s. 91, unknowingly.

National Firearms Association Note: That, in turn, renders FA s. 112 and CC s. 91 vulnerable to being struck down as being in violation of Supreme Court of Canada precedents set in the late 1980s.  

1. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations," the new section 2 allows the Registrar to designate individuals as verifiers.

National Firearms Association Note: It is pernicious to continue to appoint individuals who do not know enough about enough different makes and models of firearms to do any valid and useful identifying as verifiers. This program is in shambles, as the verifiers involved are ignorant of the requirements, the Registrar has "dumbed down" the registration certificate, and firearms identification by current methods is a joke. Any attempt to use data from the current Registry as 'evidence' in a court of law will almost certainly result in the data being ruled inadmissible for excessive error, omission and duplication rates. 

1. In the "Regulations Amending the Firearms Registration Certificates Regulations," the new section 3(1) makes reference to how to deal with "firearms acquisition certificate numbers" of "firearms acquisition certificates [that] are deemed to be a licence under section 120 of the Act.

National Firearms Association Note: The last "firearms acquisition certificate" ever issued was issued before 01 Dec 1998, and will expire on or before 30 Nov 2003. No valid ones will exist after that date. Given the "all deliberate speed" of Ottawa, there will be no valid ones left by the time these regulations come into force. Is no one awake in Ottawa, to notice this? 

1. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations," the new section 3(1)(c) and (d) sets requirements for verification.

National Firearms Association Note: There is no requirement for verification if the information contained in the Canadian Firearms Registry is "complete and accurate." In recent years, the Registrar has been certifying that all information on green-paper registration certificates is "complete and accurate" in order to reduce the workload on his bureaucrats. It is well known that the files of such certificates are riddled with errors, omissions and duplications -- which are now being fed, unchecked, into the current registration system. The new system is being rendered as inaccurate as the old system.  

1. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations," the new section 3(3) requires the transferee to provide the chief firearms officer [CFO] with information that the CFO does not need, and is not qualified to evaluate.

National Firearms Association Note: Requiring the transferee to provide the chief firearms officer with "the reasons for wishing to acquire" the firearm is of no value to anyone. If the transferee wants it for illegal purposes, he is not going to tell the CFO that -- and the CFO has no way to evaluate his statements. If the CFO tries to evaluate them, he has to begin an expensive investigation -- and we have already wasted far too many tax dollars on this billion-dollar boondoggle. 

1. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations," the new section 3(3)(b) requires the transferee to provide the chief firearms officer [CFO] with information that the CFO does not need, and is not qualified to evaluate.
2. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations," deleting section 3(3)(c) is adding a source of error to a system that has always been riddled with errors, omissions and duplications.

National Firearms Association Note: It is not wise to do this, because the Registry is so badly flawed already. It would be wiser to fold the "prohibited firearms" into the "restricted firearms" class, because the bureaucracy cannot keep them straight at the best of times. The 'system' has far too many classes, sub-classes, sub-sub-classes and sub-sub-sub-classes already. Those interested in studying the details of the mess that the firearms control bureaucrats have made of this area of the firearms control system are referred to the National Firearms Association paper, "The Classification Mess" (attached). 

1. In the "Regulations Amending the Conditions of Transferring Firearms and Other Weapons Regulations" deletion of sections 8(c) and 9 are long overdue.

National Firearms Association Note: The transfer authorization number was never part of the law, and should never have been invented. It was invented, and authorized by Order in Council, because the transfer procedure in the law was a mess -- and still is a mess. 

1. In the "Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations," the change to section 1 is unworkable and demonstrates incredible lack of knowledge.

National Firearms Association Note: Did anyone in the group of firearms control bureaucrats who proposed this change notice that the definition now includes two classes of "prohibited handguns"? It includes those "grandfathered" under FA s. 12(6), and the illegal handguns that were not "grandfathered" under FA s. 12(6), and which are illegal for almost anyone to possess under almost any conditions? 

1. In the "Regulations Amending the Storage, Display, and Transportation of Firearms and Other Weapons by Businesses Regulations," the new definition of "prohibited handgun" shares the fault described above in the comments on the "Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations" change to section 1.

1. In the "Regulations Amending the Storage, Display, and Transportation of Firearms and Other Weapons by Businesses Regulations," the new section 13(1)(f) and (g) are incredible. They either demonstrate that the drafters of this do not understand what they are doing, or that the regulations are designed to fail.

National Firearms Association Note: A business does not usually transport a prohibited firearm. Instead, it calls a licenced carrier, such as Loomis Courier, and turns the shipment over to the licenced carrier. The carrier does not usually know what is contained in the shipment. Therefore, this elaborate charade in section 13 is usually totally ignored. If the business tells the carrier what is contained in the shipment, the chances of the shipment reaching its destination are much reduced. The carrier is not required to transport in such an elaborate fashion, so why is a business? 

1. In the "Regulations Amending the Storage, Display, and Transportation of Firearms and Other Weapons by Businesses Regulations," the new section 15(a) should have been written in that way from the beginning.

1. In the "Regulations Amending the Storage, Display, and Transportation of Firearms and Other Weapons by Individuals Regulations," the new definition of "prohibited handgun" shares the fault described above in the comments on the "Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations" change to section 1.
2. In the "Regulations Amending the Storage, Display, and Transportation of Firearms and Other Weapons by Individuals Regulations," the new section 16(a) should have been written in that way from the beginning.

1. In the "Regulations Amending the Public Agents Firearms Regulations," the new sections 8(2)(d) and 8(2)(g) and (h) make section 8(2) incompatible with the current standards of "identification" being used by the Registry for registered firearms. The same is true for the new and inadequate standards set by the new section 8(2.1), the new section 9(1)(b), the new section 13(2)(b), and the new section 16(2)(b).

1. In the "Firearms Marking Regulations," sections 2(1) and 3(1) are silly and redundant.

1. In the "Firearms Marking Regulations," section 4 overlooks a bet. It is not an offence to add a second Serial number, and many firearms already have 2 or more valid Serial numbers. Therefore, any firearm with 2 or more valid Serial numbers is impossible to identify adequately by the current system.

1. In the "Regulations Amending the Firearms Licences Regulations," sections 1.1 and 1.2 are asinine.

National Firearms Association Note: They require duplication of already-expended effort and tax money for no purpose, and are at variance with normal practice on renewing licencing documents of other types. This area is needlessly complex, and the complexity benefits only firearms control bureaucrats.

1. In the "Regulations Amending the Firearms Licences Regulations," the new section 2(3) allows the CFO to issue licences to aliens without doing any of the investigations and without getting any of the information required when a Canadian has applied for the same licence.

National Firearms Association Note: We find this blatant discrimination against Canadian citizens offensive. 

1. In the "Regulations Amending the Firearms Licences Regulations," the new section 8.1 is needlessly complex. It is wasteful of tax dollars as well as applicant dollars.

In the "Regulations Amending the Firearms Licences Regulations," the new sections do not address the problem of tax dollar wastage on needless complexity that benefits no one but the firearms control bureaucrats.

National Firearms Association Note: In our view, the purpose of firearms control is not to bewilder the citizen, confuse the police, and constantly increase tax dollar cost of firearms control so that more and more bureaucrats -- either government employees or private sector employees -- can have employment.  

Throughout the proposed regulations, there is strong evidence that the firearms control bureaucrats who wrote them are still arrogant, ignorant and incompetent. 

There is apparently still no one who understands system design involved in the writing of these Orders in Council.  

There is apparently still no one who understands the very difficult interface between regulatory law, criminal law, and administrative law involved in the writing of these Orders in Council.

It is still practically impossible to transfer a firearm without criminalizing both the transferor and the transferee, as a result of the idiotic combination of FA s. 66(a) and CC s. 91. Although that has been a running sore from the beginning, no effort has been made to correct that problem.

CC s. 91 is still an illegal law, rendered so by precedents set by the Supreme Court of Canada in the late 1980s. No effort has been made to correct that problem.

1. The UGF's recommendation to decriminalize all firearms activities, such as possession of an unregistered firearm by a licenced person, where there is no criminal intent or other attendant criminal activity, has been ignored.

National Firearms Association Note: It is nearly impossible to do that, because the firearms control system is criminal law. The federal government has no authority to make regulatory law regarding firearms, so all violations are automatically classed as crimes, and give a convicted violator a criminal record. 

1. The UGF's recommendation to delete Firearms Act section 12(6) [licence for .25, .32, and under-105mm/4.14" barrel length handguns, because the provisions do not benefit society and do alienate firearms owners, has been ignored.

National Firearms Association Note: The UGF's recommendation would also require deleting the CC s. 84(1) "prohibited firearms" (a) definition. 

1. The UGF's recommendation to delete the "use it or lose it" provisions in FA s. 67 to 71 (because the provisions do not benefit society, and do alienate firearms owners) has been ignored.

1. The UGF's recommendation to change the inspection provisions in FA s. 101 to 105, deleting s. 102(3) and 103 [because they are too intrusive, and are unconstitutional to boot] has been ignored.

1. The UGF's recommendation to re-define "antique firearm" to include percussion firearms, as it already includes flintlock firearms, has been ignored.

1. The UGF's recommendation to take the power to prohibit any type of firearm away from the Minister alone, and subject it to review, has been ignored.

National Firearms Association Note: The NFA proposes to make that power subject to being overridden by a court of law, if the Minister prohibits a firearm that is suitable for hunting, shooting, or collection. That recommendation was also made in Committee, before the enactment of Bill C-68, but the amendment was rejected.  

The Minister's power under CC s. 117.15 is unlimited, because CC s. 117.15(2) makes it so under the fraudulent guise of a limitation. The wording of CC s. 117.15(2) gives the Minister absolute power, because a court of law cannot substitute its own opinion for the opinion specified in the law -- his opinion, thinly disguised as "the opinion of the Governor in Council." 

1. The UGF recommendation to cancel the $25 transfer fee has been ignored.

National Firearms Association Note: We believe that it can wipe out that fee by court action. 

1. The UGF recommended that an Authorization to Transport restricted and prohibited firearms (to transport home after purchase, to and from any approved shooting range, to and from a gunsmith, to and from a gun show, and to a new residence) be included as part of the Firearms Licence. That recommendation has been ignored, although doing that would strongly reduce the wastage of tax dollars.

1. The UGF's recommendation to authorize shipment of all classes of firearms by Canada Post has been partially accepted, and appears in "Regulations Amending the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations," in section 16(a). It also appears in "Regulations Amending the Storage, Display, Transportation and Handling of Firearms by Businesses Regulations" in section 15(a).

National Firearms Association Note: This should have been done in this manner from the beginning. The only purpose for the existing rules is that the firearms control bureaucrats like complexity and difficulty -- as long as those problems generate tax dollar payments to bureaucrats who deal with them. 

1. The UGF's recommendation to set up an amnesty to protect anyone who is trying to register or lawfully transfer a firearm has been ignored, and the result of that is that people who would like to register unregistered firearms are afraid to apply. That is foolish.

1. The UGF's recommendation to set up an amnesty to allow transfer of unwanted unregistered firearms to dealers has been ignored, and the result of that is that people who would like to get rid of unregistered firearms lawfully are afraid to try to do so. That is foolish

1. The UGF's recommendation to set up an amnesty for those trying to re-register firearms held on green paper certificates has been ignored.

National Firearms Association Note: Many owners of such firearms are now disposing of them illegally. Many of them are aware that it is not possible to successfully prosecute anyone on the basis of green-paper registration certificate records, as the Registry has already admitted that over 50 per cent of those records are records of "ghost guns" and/or "gone guns." A statement that "The accused has this firearm, and we prove that by showing its record in the Registry" will be laughed out of court. 

1. The UGF's recommendation to automate the transfer process to permit electronic transfers of registered firearms by on-line or telephone transfer has been ignored.

National Firearms Association Note: This would require changing FA s. 66(a) and the transfer laws, as well as the transfer regulations. The National Firearms Association 's recommendation is to scrap registration, as no firearms Registry can be kept accurate for more than one year, and the cost of checking the system is prohibitive. 

1. The UGF's recommendation to review and simplify all forms used in firearms control procedures has largely been ignored.

National Firearms Association Note: From the day that the current firearms control system came into force (01 Dec 1998), there has been constant "simplification" and "streamlining." In most cases, those attempts had to be reversed or corrected, because the "simplification" or "streamlining" turned out to be in violation of the laws and/or the regulations. Further, where "simplification" or "streamlining" has actually worked, it has simply proved that the original complexity was an error in judgement. 

Of course, virtually none of the UGF recommendations were accepted. The UGF was then disbanded, and a new committee was set up -- one that the NFA calls the Minister's Cheering Section. The National Firearms Association has no more confidence in the usefulness of the Minister's Cheering Section than it did in the UGF's ability to achieve meaningful changes in bad law and bad regulations.  

The National Firearms Association recognizes the long years of hard work and careful thinking that resulted from UGF meetings under the chairmanship of Steve Torino. The National Firearms Association condemns the refusal of the government in power to act on any of their recommendations, and the Minister's track record in meeting with the UGF -- for an average of less than 2 hours a year.