Are Some Gun Owners Not Covered By The Amnesty?
- Prohibited by name;
- Are a Variant of a gun prohibited by name (this is the problem);
- Have a bore greater than 20mm; or
- Are capable of greater than 10k joules at the muzzle
1. The Affected Guns that changed classification on the FRT post-OIC;
2. The people who owned them before the OIC and still do; and
3. The people who transacted them after the OIC but before the FRT was updated.
The items subject to the regulatory package were prohibited on the coming into force of the Regulations on May 1, 2020. The Regulations and accompanying Amnesty Order, which protect individuals from criminal liability for possessing those items while they take steps to comply with the law, do not operate retroactively. Anyone in possession of a firearm that was previously non-restricted and transferred after May 1, 2020 when they became prohibited, would not be protected from criminal liability (e.g., illegal possession) by the Amnesty Order, unless covered by the sole exception allowing for the use of a firearm for sustenance hunters or those exercising a right recognized and affirmed by Section 35 of the Constitution Act, 1982
Then on May 6th, 2020, the RCMP, presumably under the direction of Public Safety Minister Bill Blair, began reclassifying hundreds of Non-Restricted and Restricted firearms as Prohibited that were not on the May 1st list.
Owners of these arbitrarily reclassified Prohibited firearms are NOT protected by the May 1st amnesty order.
The government makes this clear in the text of SOR/2020-96.
The Order Declaring an Amnesty Period (2020) accompanies the Regulations to protect individuals, who were in lawful possession of one or more of the newly prohibited firearms or prohibited devices on the day the Regulations came into force, from criminal liability for unlawful possession for the purpose of allowing individuals to come into compliance with the law.
The amnesty order (SOR/2020-97) only protects owners of firearms specifically listed in the gun ban by Order in Council.
Words have meaning – “specific” means” clearly defined or identified” – something the RCMP’s made-up “variant” is not. In fact, the recently released RCMP definition of what a “variant” is so vague and non-specific that it is laughable.
In other words, if your newly-prohibited firearm is not specifically listed in the OiC, you do not have the protection of the amnesty and you could be criminally charged for the mere possession of your own property.
The Amnesty Order 2020
1 The following definitions apply in this Order. …
“specified firearm” means a prohibited firearm referred to in any of paragraphs 83(a) to (p) or any of items 87 to 96 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted.
2 (1) The amnesty period set out in subsection (3) is declared under section 117.14 of the Criminal Code for
(a) a person who,
(i) on the day on which this Order comes into force, owns or possesses a specified firearm and holds a licence that was issued under the Firearms Act,
(ii) at any time during the amnesty period, is in possession of the specified firearm…”
The Regulations (Extracts)
87 The firearms of the designs commonly known as the M16, AR-10 and AR-15 rifles and the M4 carbine, and any variants or modified versions of them — other than one referred to in item 47, 49 or 50 of this Part — including the … [insert massive list]
88 The firearm of the design commonly known as the Ruger Mini-14 rifle, and any variant or modified version of it, including the …
89 The firearm of the design commonly known as the US Rifle, M14, and any variant or modified version of it, including the …
90 The firearm of the design commonly known as the Vz58 rifle, and any variant or modified version of it, including the …
91 The firearm of the design commonly known as the Robinson Armament XCR rifle, and any variant or modified version of it, including the Robinson Armament …
92 The firearms of the designs commonly known as the CZ Scorpion EVO 3 carbine and CZ Scorpion EVO 3 pistol, and any variants or modified versions of them, including the CZ …
93 The firearm of the design commonly known as the Beretta Cx4 Storm carbine, and any variant or modified version of it. …
94 The firearms of the designs commonly known as the SIG Sauer SIG MCX carbine, SIG Sauer SIG MCX pistol, SIG Sauer SIG MPX carbine and SIG Sauer SIG MPX pistol, and any variants or modified versions of them, including the SIG Sauer …
95 Any firearm with a bore diameter of 20 mm or greater — other than one designed exclusively for the purpose of neutralizing explosive devices — including the …
96 Any firearm capable of discharging a projectile with a muzzle energy greater than 10,000 joules — other than one referred to in item 12, 13, 14, 20, 22 or 30 of this Part or one designed exclusively for the purpose of neutralizing explosive devices — including the …”
1. Prohibited by name;
2. Are a variant of a gun prohibited by name (this is the problem);
3. Have a bore greater than 20mm; or
4. Are capable of greater than 10K Joules at the muzzle.
Update (1:30 PM PST, 16 Dec 2021)
Further examination of the government’s response by CSAAA and CSSA around this issue included clarification that all firearms not included on SOR/2020-96 are not subject to protection under the OIC’s Amnesty. In plain English, that means anyone that owns a recently prohibited firearm that was not included on the OIC list released by Prime Minister Trudeau is not covered by the Amnesty. Technically this means anyone that owns a Typhoon F12 or any number of the dozens of other firearms that have since been banned with no explanation could be charged with possession of a prohibited firearm, and leads to even more questions about their potential inclusion in the much-maligned and seemingly stillborn Government buyback program.