local guy in a cruiser had a run in with cop in mission reguarding gun transport. (1 Viewer)

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Joined
Jul 23, 2007
Threads
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Location
Port Coquitlam, BC
Mt brother sent me a link today off canadiangunnnutz.com reguarding a bunch of friends heading up to stave area for some skeet shooting. It was a good read. Since it said they were in a landcruiser, I was wondering if this is anyone on these forums. If not, still interesting and thought Id share.

Quote

"So just had a "good time" with the local RCMP and a few of my friends for his stag party.

So my Friend is getting married and he wants to go skeet shooting for his stag, i say no problem and we and a few friends set a time and place to go. the appointed day rolls around and we load up my friends land cruiser with clay's, ammo and i grab the guns (a remington wingmaster and a ruger 10/22)and throw trigger locks on them and into the back they go, thinking nothing of it. we decide to go pick up some coffee at the local tims on the way up to the local "unoffical shooting range" (end of sylvester road for those who are in the area)

So we go through the drive through no problem and are on our merry way, when a police cruiser pulls in front of us and instructs us to not move. Not too long after another police car pulls up behind us, then another, we are all instructed to exit the vehicle read our rights placed in hand cuffs and tossed in the back of the cars (there are 5 of us guys total)

At this time im wanting to know why i am being arrested. The arresting officer informs me that i was under arrest for "transporting a restricted weapon". I inform her that none of the guns were restricted and they were being transported in accordance with the law she then changes her story and says "then your under arrest for transporting a firearm in an unsafe manner". i am then read my rights and asked if i wanted a lawyer. i told her that ill reserve that right until the investigation was complete as i believed this was all a big misunderstanding.

so after a short search of the vehicle and the RCMP looking like monkeys trying to figure out how to bust me for something i am asked for my FAC. I informed the officer that i didn't have a FAC as they had not existed for the past ten years, I then informed her i had a RPAL if she would like to see that, she tell me no and goes and talks to the other officers. By this time a fourth officer arrives, i assume this is the staff Sargent or something of the like, the sgt. talks with the other officer for a short time and then one of the male officers comes over and asks me to get out of the car, i comply and am then searched and told that i "was really foolish to have the guns in plain sight for everyone to see, and that this could of been all prevented if i put the guns under a blanket or in a case, heck even a guitar case". I was absolutely stunned that the officer would tell me to conceal a firearm.

After the officer was done telling me how i was at fault, i had to tell him which of my ID was the RPAL as he didn't know despite "mission having lots of guns and this having happened before". I was placed back into the back of the cruiser to wait and i got to observe yet another little meeting between the four officers. At the end of the meeting the arresting female officer returns and removes my cuffs letting me know that i was being released "because technically the fire arms were being transported legally", I informed her that I had stated this at the being and if she had looked at the guns herself she would have seen that they were being transported legally. The officer then goes on to tell me that i was "waving them around and pointing them at people" and that "there are tones of gangs and shootings that happen every day" and that i had "violated peoples rights and threatened peoples safely by having my firearms in plain view". I had had enough crap at that point and informed her that the law does not protect peoples feelings, and that it did protect me from unlawful search, and unlawful confinement were violated on a knee jerk reaction to the word "gun", and that it was not my problem that people felt scared by people following the law.

One would think it was over at this time, not so much. after the sgt. had left the three officer told me once again that i was being let go on a technicality as i was the "FAC holder" and that they could of pulled us out of the vehicle by a taser, then they went on to tell me that i should of concealed them in a "case that doesn't look like it was a gun".

I was absolutely shocked at the RCMPs lack of knowledge of the laws that they are sworn to uphold. Also by there quest to find a piece of identification that hasn't existed for ten years, nor there ability to identify its replacement. Also there assumption that i was a "gangster" and placing me under arrest without warrant or cause. it would of been one thing to ask us to step out the vehicle to ask us some questions.

but all was not lost, we did get a good story for the stag. and I now know that innocent until proven guilty means arrested and treated as a criminal until we cant prove that you could be one.

p.s. i was told that this arrest would be on my record, will this affect me crossing the boarder or applying for gov't jobs such as cbsa?"

end quote.
 
In this day and age, it would be common sense to have them in proper cases/bag and/or out of sight. It doesn't take much for someone to spot them and think the worse and then tell the dispatcher the worse who passes it on to the police. I am surprised that a single officer did an pull over herself without back-up in place. I don't think that would be standing operating procedure.

The OP doesn't understand the definition of concealed weapon. A properly secured rifle under a seat is not a concealed weapon. It is naive to think you can drive around with rifles in public view, especially in the LML. When I was 18 I had a rack in the back window of my pick-up and that was okay to have my rifles hanging there, without trigger locks. Today that is no longer acceptable.

All I see is some guys that learned a lesson and a police officer who perhaps didn't know exactly what she was doing who also perhaps learned a lesson. I sure she was appropriately corrected afterward. At least no one got hurt. :meh:
 
are you kidding me john it is legal to carry your guns in your back window thus its ok, go to kamloops or anywhere else around hunting season. I personally rather have my rifles in plain view so when or if I do get pulled over the officer can see them while approaching the vehicle. the officer was not in the right here and she will probably not be corrected unless a complaint is or was filed, I'm sure you would be singing a different toon if it was you handcuffed in the back of a cruiser with your kids waiting on the side of the road watching, oh wait i can just picture now. you not saying anything and with a smile be put in the back of a cruiser like a criminal and not having to worry about the possibility of going to the station and your kids being looked after by social services for several hours whilst this officer learned a lesson.
 
This is a tough one. The officers' reactions were over-the-top for sure, and they should darn well know the difference between an FAC and PAL. Probably should have apologized to you as well.

But, carrying any number of guns in plain sight through a drive-through Tim Horton's, any reasonable person can expect that some other UNreasonable person might see them and call the cops in a state of panic.

I used to live in an apartment in the west end of Vancouver. It was perfectly legal for me to clean, admire, heck even practice drawing and aiming in my living room, but I was smart enough to close the drapes first. There were probably 20 living rooms that could see into mine.

Having your gun in plain sight in the back of your truck on a logging road is a lot different then having it in plain sight at a strip mall in the gang-crazy Fraser Valley.

That guy should have known better.

And I don't think cops approaching your vehicle need to be able to see your gun on approach. Just wait for him to ask you if you have firearms in the car and say "yes, I have one under that blanket in the back seat" or whatever.
 
Brad, I grew up in Princeton and go back regularly. I have not seen any rifles on racks for a long time. Probably becuase you can be charged with not properly storing your guns if you leave your vehicle with rifles on these racks or anywhere in plain view. You can buy racks which strap rifles to the back of a truck seat. Flip the seat forward and there are your rifles. Otherwise, they are out of view.
 
As long as they cleaned up all of the shell casings before they left Sylvester .... ;)

If not, they're welcome to join us next June for the 4WDABC cleanup day. :beer:

Oh heck, anyone is welcome to cleanup day! :cheers:
 
It is completely legal to drive around with a unloaded, unlocked, rifle in your vehicle. Heck, when I lived in Kamloops my rifle would sit in the passenger seat all the way through town on my way to go hunting, through Tim hortons and everything. However, the lower mainland is a different breed, I would not do the same thing here, even though it is legal. When I transport them here, they go into soft cases and I do put a lock on them to prevent situations with cops that don't know the rules.

It is a good idea to printout a copy of the laws and carry them with you. I'm curious if the original poster was asked for his registration papers or not, they could have seized the rifles if he did not produce them. He will not have any issues crossing the border or anything since he was not charged, he was only really detained while they searched and not arrested.

For those wanting more knowledge read this RCMP fact sheet. FYI, rifles and shotguns are non-restricted weapons, restricted is stuff like pistols.

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/PDF/storage-entreposage-eng.pdf
 
Based on the story from the accussed's perspective, I agree with Brad and toycdn, the cops were way out of line. As described, those guys were in the right for their means of transport and then some. Unless of course there is more to the story than was stated (maybe there is, maybe there isn't).

Either way, the officer in charge clearly was not familiar with current firearms legislation, or she wouldn't have stated the ignorant things she did (i.e. requesting an FAC, 'technically' innocent but this is on your permanent record, and threats of escalating things with tasers). WTF? Yes it's Mission (and nobody ever goes shooting up Stave :rolleyes:), yes I can imagine how a bunch of guys in say a pimped 80 series could look sketchy :flipoff2:, but so what? Legal is legal.

I personnaly wouldn't transport in plain sight, but that doesn't mean you can't.
 
While he was not charged, the post states he was arrested. That is enough for the police to make a record of it. Even if he was not arrested, there is a good chance it will come up on a criminal records check. I have one volunteer in this situation. They had to do a freedom of information request to find out what the notation was specifically about. He could expect a notation to the effect of "firearms offense" and no more detail regarding date, time and circumstances.

Most people don't realize that you do not have to be arrested or convicted to have a notation on your record. Once the notation is there, it can take a very long time to get it removed.

As for going into the US, it is completely up to the US border guard to allow you in or deny entry. Something like "firearms offense" would likely catch their attention. It is much easier for them to just deny you entry and not hold up the line. Once denied entry, you have very little recourse to get them to change their minds for a long time.

So, while it is not illegal to transport the guns the way they did, using some common sense could have saved them from a lot of grief.
 
.... He could expect a notation to the effect of "firearms offense" and no more detail regarding date, time and circumstances.

Most people don't realize that you do not have to be arrested or convicted to have a notation on your record. Once the notation is there, it can take a very long time to get it removed.
.

How? There was no offense?
 
How? There was no offense?

I am not sure. I too though that only convictions and arrests were put on records. They are still working to get it off this person's record. Said person returned to Canada with a product that was banned from being brought into Canada. But it was not a criminal offense to try to bring it in or possess here. This person declared s/he had it in their possession. Customs took the items. Six years later, s/he wants to volunteer with my organization to work with youth. The criminal records check comes back with a vague notation that makes it appear the person was involved in smuggling. Police would not release information as to why it was there. S/he used the freedom of information act to find out what was behind the notation. Now, as far as I know, s/he has to get a lawyer to try and remove this from his/her record. Their main issue now is being able to travel outside of Canada.
 
All I see is some guys that learned a lesson and a police officer who perhaps didn't know exactly what she was doing who also perhaps learned a lesson. I sure she was appropriately corrected afterward. At least no one got hurt. :meh:

After all the recent news I don't think the RCMP is allowed to correct female officers anymore. :meh:

Should we start a pool to see who we think it was? :)
 
I went into a local hardware store to talk to the water guy, he had his rifle leaning up in the corner of the office, funny how I thought that wouldn't fly down south. Then he gave the cashier a friendly spank and "said here you go honey" as he brought her the invoice.
 
Glad I dont live in your part of the country. I would file a complaint, also see if you can get your story on tv. MIke
 
Glad I dont live in your part of the country. I would file a complaint, also see if you can get your story on tv. MIke

There is no "right to bear arms" in Canada. The RCMP complaints process does not have a good reputation for big issues, I doubt a small thing like this would go anywhere, especially if the OP did it on his own. Also, the OP would not get any sympathy from the media here. He could try the BC Civil Liberties Association for help. Not sure if they would be sympathetic enough to take up his case.

One last thought, we only have one side of the story which was posted by some unknown - not Allen - on a forum. We all know how reliable that can be.
 
This is definitely something I dislike about living in the LML. You have to hide anything that even resembles a weapon because someone always thinks you are doing something bad.

I feel like I even have to hide my axe!!!
 
Can't say that i will transport my guns any differently in the future after reading this.
The ones i have soft cases for stay in them, the ones that don't get put on the rear seat as well.
It does say a lot about the hysteria that surrounds anything related to guns.
It's bad enough the average Joe doesn't know anything about our gun laws and freaks at the sight of one but when the RCMP (OUR NATIONAL POLICE) don't know different, Dam!.
Who, if anyone is training these guys?
Better give them some more powers eh.
 
I am not surprised by this, I don't know if any of you recall a couple years ago, Chief of the Vancouver PD was on the FOX (radio) and plainly stated that if you wanted to apply to the RCMP or VPD and have had a criminal record in the past, you were now allowed and depending on the offense you, if it was minor, they would let you in, and consider it "life experience". Really?! they are desperate for more officers and their standards have lowered. The issue that occurred with Robert Dziekanski at YVR, one of the officers involved used to be a rent a cop with a long history of violence and intentionally starting confrontations at his workplace (as testified by a former co worker), yet he was still hired.
Just because they carry a badge right now does not mean they know the law. That said, I still think it is one of the toughest and thankless jobs out there and I do respect the ones that do it well.
 
The scary part of this is (if Mr canuck is right) that you may end up with a record because some cop doesn't know what should be a job requirement.
Pathetic!
 
RC's are canadas biggest gang. they can and will do whatever the F they want, and get away with it. if we're lucky, she'll probably get a promotion too. err... maybe not. :lol:
 

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