July 1997 CEN-TAPEDE - Firearms, Gambling, Treaty NAFTA Work Rules, Departure Tax Warning, Social Security Rules Changed for 199

July 1997  

CEN-TA PEDE


david ingram's US/Canadian Newsletter July 31, 97



This newsletter deals with two controversial subjects. One is firearms: the other gambling. Please note that you do not want to be doing your business of gambling in the U.S.A. Gambling is taxable in the U.S. and you would have to be filing a business or joint venture tax return with Uncle "Sam", and that is a play on words. Read On. I do not endorse "Sam's" proposal. I do, however, find it has a certain "joie de vivre" about it and pass it on for your perusal. 

___________________________________________________________________________

Importing a firearm or weapon into Canada - reprinted from david ingram's BORDER BOOK - Aug 10, 97
IMPORTING A FIREARM OR WEAPON INTO CANADA

As this book goes to press, there are various proposals to change gun control legislation. The legislation, which took effect January 1, 1995, has been passed by the House of Commons and was expected to be stalled by the Senate. "Suddenly it passed". There are still fights going on against it but at the moment, January 27, 1996, the following is the law in Canada.

The legislation bans a number of recent models of assault pistols, combat shotguns or assault rifles and carbines, as well as compact crossbows and knives of the "push-dagger" design. 

Most, if not all of us, are against machine guns, etc. The problems with the legislation revolve around the necessity of registering every hunting rifle and shotgun in the country. With a sheriff in Colorado encouraging all citizens to carry a "concealed" weapon for defence, it is easy to see that there are extreme points of view when it comes to gun control legislation. 

"NEW" legislation items are shown in italics. In any case, 

If you are considering the purchase of a gun, check twice before making your purchase out of the country if you intend to import it to Canada.

The same is true in the U.S. with the Brady proposition imposing many more restrictions on the purchase, ownership, and transportation of firearms (The Colorado Sheriff who demands that residents of his town wear a sidearm being a notable exception). Most problems are associated with the transportation of weapons across state or federal borders. If you intend to transport, check with the jurisdiction into which you are going "before" you leave. Otherwise, you could find yourself in jail at the airport in New York because the "legal" (in your state) gun in your suitcase has been detected in a routine luggage scan.



OPINION

With new legislation prohibiting some weapons and forcing the registration and licensing of all weapons, it is nice to feel that this will stop the use of weapons in the commission of crime.

At the risk of being a little sarcastic, I would suggest that the legislation is senseless and any legislator who has voted in favour is simply bowing to the voices of a vocal minority of anti-gun zealots whose minds are filled with good intentions, but who are living in never, never land.

The idea that registration of firearms will stop their use in the commission of crime is so weak as to be laughable. The idea that prohibiting the possession of certain weapons will keep them out of the hands of criminals, is even weaker.

Police forces have proven themselves incapable of stopping the smuggling of boat loads of liquor, cigarettes, marijuana, and even Persian rugs.

Let me make an analogy.

Motor vehicles are required to be licenced in all jurisdictions and safety and emissions tested in some jurisdictions.

In spite of this, people drive unlicenced, unsafe, and polluting automobiles in every place one can drive. If they cannot afford a licence, they will drive anyway. They sometimes steal a licence and a car and put a different stolen licence on the stolen car. Sometimes, heaven forbid, they even use a car while they rob a bank, 7-11, or gas station.

I am not condoning this, I am just making the point that the police cannot begin to control the use of items as large as automobiles in the commission of a crime. By disarming all the good guys, we are making the country of Canada a less safe place. 

By forcing the licensing of all these guns, the government has made otherwise law-abiding citizens instant criminals at a great loss to society, because individuals who are suddenly made into criminals through this type of legislation become resentful.

When only the criminals have the guns, we will live in a more dangerous society.

PROHIBITED FIREARMS AND WEAPONS

You will go to a lot of trouble to bring a gun into Canada and unless you are a member of a recognized pistol club or a collector, you will find it difficult to import anything but a "long gun." Most of the following details are taken from the Canadian government's pamphlet IMPORTING A FIREARM INTO CANADA. 

Prohibited weapons are not allowed to enter Canada. It is a criminal offence for any person not authorized by law to possess a prohibited weapon in Canada.

Prohibited weapons include:

* Devices designed to muffle or stop the sound of a firearm, such as silencers;

* "Switchblade" or centrifugal force knives unless for use by a one armed person;

* Fully automatic firearms, even if they are subsequently altered to not fire automatically;

* Sawed-off rifles or shotguns, where the barrel is less than 457 mm (18 in) or the overall length of the weapon is less than 660 mm (26 in). If the muzzle velocity is over 152.4 metres (500 feet) per second, a pellet handgun would fall into this category; 

* Any other weapon declared to be prohibited such as mace, throwing stars, nunchaku sticks, belt buckle knives, tasers, spiked wristbands, blowguns, and brass knuckles;

* Anything used or intended to be used to cause death or injury or used or intended to be used for the purpose of intimidating any person;

* Any large-capacity cartridge magazine of a type prescribed by regulation. Regulations concerning large capacity cartridge magazines for competition purposes are in flux. For more information about these regulations, contact the Department of Justice at:





Department of Justice Canada 
239 Wellington Street 
Ottawa, Ontario, K1A 0H8 
Telephone (613) 957-4222

Please note:

Having a removable magazine (clip) which contains more than 8 rounds is now a criminal offence in Canada. So if your old Stevens Savage semi-automatic in the basement has such an animal, destroy it or modify it quickly, for its simple possession is illegal. We have also passed the time limit to take it to a gunsmith and have it modified. So either weld a permanent block in the clip yourself, or destroy it. 

I repeat. "There is no longer a "grace" period for you to take it "legally" to a gunsmith to have the gunsmith modify it."

Similarly, the most recent list available from the office of the Director of Customs for B.C. and the Yukon on March 19, 1995, does not contain some weapons which newspaper accounts have suggested were going to be prohibited such as the Ruger M-14, and Chinese M-21 rifles which are quite common in Canada. No one I ask seems to know what the absolute final list is, but the following might help you determine what is currently prohibited or restricted.

* Any firearm, weapon or device that is specifically designated as a prohibited weapon by Order in Council such as:

Shotguns

* Franchi SPAS 12, LAW 12
* Striker 12 and the "Streetsweeper"
* USAS-12 auto shotgun

* Items in Italics are prohibited under the new legislation.

The following are prohibited as of January 1, 1995:
* Franchi SPAS 15 and variants
* Benelli M1 Super 90, Benelli M3 Super 90 and variants
* Bernadelli B4 Shotgun, Bernadelli B4/B and variants

Rifles and Carbines

* Sterling MK-6 carbine (semi-automatic version)
* Steyr AUG rifle (semi-automatic version)
* American 180 auto carbine, and variants
* Barrett "Light Fifty" Model 82-A-1, Model 90 rifle, and variants
* Calico M-900, M-951, M-100 and M-105, and variants
* Encom MK-IV, MP-9, MP-45, and variants
* FAMAS rifle, MAS 223, FAMAS Export, FAMAS Civil and Mitchell MAS/22, and variants
* Feather AT-9 semi-auto and Feather AT-22 auto carbine, and variants
* Federal XC-450 auto rifle, XC-900 and XC-220, and variants
* Gepard long range sniper rifle and variants
* Heckler and Koch (HK) Model G11 and variants
* Illinois Arms Co. Model 180 auto carbine
* Iver Johnson AMAC long range rifle and variants
* McMillan M87, M87R, M88, and variants
* Pauza Specialties P50 rifle and P50 carbine, and variants
* Research Armament Industries (RAI) Model 500 rifle and variants
* Spectre auto carbine and variants
* US Arms PMAI "Assault" 22 rifle and variants
* Weaver Arms Nighthawk carbine and variants

The following are prohibited as of January 1, 1995:
* A A Arms Model AR-9 rifle and carbine and variants
* Claridge HI-TEC C LEC-9 and ZLEC-9 carbines and variants
* Grendel R-31 Auto Carbine and variants
* Maadi "Griffin" rifle and carbine, and variants
* AK-47 and variants
* Armalite AR-180 Sporter carbine and variants
* Beretta AR-70 assault rifle
* Beretta BM-59 rifle, and variants, Springfield Armory, and variants
* Bushmaster Auto rifle and variants
* Cetme Sport Auto rifle and variants
* Daewoo K-1, K1A1, K2, MAX-1, MAX-2, AR-100, AR-110C, MAXI-II and KC-20
* Demro TAC-1M carbine, and variants
* Eagle "Apache" carbine and variants
* FN-FAL (FN-LAR) rifle, and variants
* FN-FNC rifle and variants
* G3 rifle and variants, including the Heckler and Koch HK 91, HK 91A2, HK 91A3
* Galil assault rifle and variants
* Goncz High-Tech carbine and variants (now called Claridge High-Tech)
* Heckler and Koch HK 33 rifle and variants
* J & R Eng M-68/PJK M-68 and variants
* MP5 submachine and MP5 carbine, and variants
* PE57 rifle and variants
* SIG AMT rifle and variants
* SIG SG-550/SG-551 rifle and carbine, and variants
* Springfield Armory - BM59
* Springfield SAR-48
* Thompson submachine gun and variants including the Auto-Ordnance M27A-1 Deluxe M1927A-3 /
M1927A-5 / Thompson M1, Commando Arms carbine

Assault Pistols

* MAC and Ingram type pistols (semi-automatic version)
* Partisan Avenger auto pistol (semi-automatic version)
* UZI series (semi-automatic version)
* Bushmaster auto pistol and variants
* Calico M-110, M-950 and variants
* Encom MK-IV, MP-9, MP-45 and variants
* Federal XP-450, XP-900 auto pistols, and variants
* Goncz High-Tech long pistol and variants, (Jan 1, 95) including the Claridge High-Tech Model S, L, T,
ZL-9 and ZT-9 pistols
* Heckler and Koch (HK) SP89 auto pistol and variants
* Intratec TEC-9 auto pistol, TEC-9M, TEC-9MS, TEC-22T, TEC-22TM, and variants. 
(Jan 1, 95) including the TEC-9S, and semi-automatic variants, including the TEC-DC9,
TEC-DC9M, TEC-9A, TEC-Scorpion, TEC-22T, and TEC-22TN
* Iver Johnson Enforcer Model 3000 auto pistol, Plainfield Super Enforcer carbine and variants
* Leader Mark 5 auto pistol and variants
* Skorpion auto pistol and variants
* Spectre auto pistol and variants
* Sterling Mk 7, Mk 7C4, Mk 7C8 pistols, and variants
* Universal Enforcer Model 3000 auto carbine, Model 3010N, Model 3015G, Model 3020TRB,
Model 3025TCO, and variants
* US Arms PMAIP "Assault" 22 pistol and variants

The following are prohibited as of January 1, 1995:
* OA-93 "Assault" pistol and variants
* AA Arms AP9 Auto pistol and variants
* Patriot pistol and variants
* XM232S pistol and variants, including the A1, A2, and A3 Flattop pistols
* Kimel Industries AP-9 pistols and variants
* Grendel P-30 and variants
* Claridge Hi-Tec ZL-9, Hi-Tec S, Hi-Tec T, Hi-Tec ZT-9 pistols, and variants
* Steyr SPP Assault pistol and variants
* Maadi "Griffin" pistol and variants

Ammunition - armour piercing handgun cartridges, explosive, or incendiary projectiles for small arms cartridges (bore up to 15 mm), and shotgun cartridges containing "flechettes" 

Accessories and Components - a "bull-pup" stock for rifles and carbines, and trigger enhancement devices designed to fire semi-automatic firearms in a fully automatic manner 


Other Weapons

* Tear gas, mace, other gas, liquid, spray, powder, or other substance capable of injuring, immobilizing,
or incapacitating a person
* Nunchaku, Shuriken, Manrikiguasari, or Kusari
* Finger Ring (with blade or blades, or sharp objects)
* Constant Companion (belt-buckle knife). 
* (Jan 1, 95) Push Dagger Knife added
* Spiked Wristband
* Yaqua Blowgun
* Kiyoga Baton, Steel Cobra, Morning star
* Brass Knuckles
* Taser Public Defender Stun Guns
* SSS-1 Stinger (all calibres)
* Any similar devices

(Jan 1, 1995) Crossbow (with a stock of 400 mm {15.75 in} or less)

Restricted Firearms and Weapons

This applies to weapons which may have a legitimate sporting or recreational use and includes:

* weapons designed or altered to be fired by one hand such as pistols and revolvers

* all handguns, including antique handguns that use rim-fire or centre-fire ammunition that is commonly available in Canada

* any weapon with a barrel less than 470 mm (18.5 in) and capable of firing centre-fire ammunition in a semi-automatic manner, such as an M1 Carbine

* any firearm designed or adapted to be fired when reduced to a length of less than 600 mm (26 in) by folding or telescoping, such as an UZI semi-automatic carbine

* pellet guns with a muzzle velocity of 152.4 metres (500 feet) per second are included here, unless they are a Long Gun

* any other firearm that is declared to be a restricted firearm by Order in Council such as:

* AK 47 Family and variants
* Armalite AR-180 Sporter carbine and variants
* Beretta AR-70, BM-59, and variants
* Bushmaster auto rifle and variants
* Cetme Sporter and variants
* Colt AR-15 and variants
* Commando Arms carbine
* Daewoo K1, K1A1, K2, Max 1, Max 2, AR-100, AR110C, and variants
* Demro TAC-1M, XF-7 Wasp carbine, and variants
* Eagle "Apache" carbine and variants
* FN 308 Model 44 and variants
* FNC-11, 22, 33, and variants
* Galil and variants
* Goncz high-tech carbine, and variants
* Heckler and Koch MP-5 submachine gun (semi-automatic version), MP-5 carbine, HK-91, HK-33 rifles
and other models
* J & R Eng M-68, PJK-M-LF, Wilkinson "Terry" carbine, and variants
* Leader Mark 5 auto rifle and variants
* SIG AMT, PE-57
* SIG SG-550 / SG-551
* Springfield Armoury BM59 and variants
* Springfield Armoury SAR48 and other models
* Thompson submachine gun (semi-automatic version) and variants
* FN-FAL rifle or "Fabrique Nationale Fusil automatique leger," and any reproductions
* High-standard Model 10 shotgun, Series "A" or "B"

The lists of prohibited and restricted weapons are subject to change!

Non-restricted firearms

A non-restricted firearm is a regular sporting rifle or a shotgun with a barrel over 470 mm (18.5 in) and an overall length of 660 mm (26 in), and which does not fall into the category of a prohibited or restricted firearm.

Barrel Length

Canadian law specifies how the barrel of a firearm must be measured to determine if the firearm is a prohibited or restricted weapon.

The barrel length of a firearm is measured as follows:

* for a revolver, the distance from the muzzle of the barrel to the breach, and immediately in front of the cylinder; and

* for any other firearm, the distance from the muzzle of the barrel up to and including the chamber, but not including the length of any part or accessory designed or intended to suppress the muzzle flash or reduce the recoil, e.g. flash suppressors (eliminators) or muzzle brakes.

Other Barrelled Weapons (Pellet Guns and Air Guns)

Other barrelled weapons, i.e., pellet guns or air guns, are considered to be firearms when they have a muzzle velocity of more than 152.4 metres (500 feet) per second. Thus, they fall into the category of a restricted or non-restricted firearm, and are subject to all such import, certificate, and permit requirements. If the muzzle velocity is less than 152.4 metres (500 feet) per second, a certificate and / or permit is not required.

Hunting

Hunting is prohibited in Canada's national and provincial parks, game reserves, and adjacent areas. Therefore, firearms are forbidden in many of these areas.

Hunting in Canada is governed by federal, provincial, and territorial laws. Persons intending to hunt in Canada must obtain a hunting licence from each province or territory in which they plan to hunt. If you need more information regarding parks and hunting regulations, consult the Travel Information brochure available at any of the regional Customs offices.

LONG GUN

This is a regular sporting rifle or shotgun as sold by the manufacturer which does not fall into one of the other categories.

PELLET GUNS

If the muzzle velocity is less than 152.4 meters per second, they do not count. 

FIREARMS ACQUISITION CERTIFICATE ("FAC")

Anyone 16 years of age or older (18 in B.C.) who desires to acquire a firearm must first obtain a FAC to obtain possession of a firearm by purchase, exchange, importation, or, by any other means. If you already have a firearm and do not have a certificate because you had the weapon before certificates were necessary, you MUST get a certificate now. Not having a certificate could cause problems if your home was broken into and the guns stolen (as happened to me). It could also cause a problem if you were trying to sell the weapon and did not have a certificate.

RESTRICTED WEAPON REGISTRATION CERTIFICATE ("RWRC")

If the weapon is a restricted weapon, the possessor must also have a RWRC that is usually obtained from the local police or RCMP detachment. This certificate allows the registrant to keep the restricted weapon at the address specified on the certificate.

PERMITS NEEDED for RESIDENTS

* The PERMIT TO CONVEY allows the weapon to be transported from the point of purchase to the local firearm registration office.

* The PERMIT TO TRANSPORT allows the transportation of the restricted weapon from home to a gunsmith or from one residence to another when changing residences.

* The PERMIT TO CARRY is very difficult to obtain. It allows the transportation from home to a gun club and back or from home to a shooting event and back. It is also issued when the holder has a legitimate reason for carrying a restricted weapon such as an armoured car driver.

When a RESIDENT is importing a Long Gun, he or she needs only a Firearms Acquisition certificate.

When a RESIDENT is importing a restricted firearm, he or she must also be in possession of a Permit to Convey issued by a local Registrar of Firearms. It is, therefore, impossible to pick up a revolver in Buffalo or Seattle, show up at the border and bring the gun into the country. In that case, it is better to have the gun shipped AFTER the proper documentation has been arranged.

NON-RESIDENTS - NO PERMITS

NON-RESIDENTS may import a long gun when the possession of the gun involves the trip, i.e. a hunting trip or a shooting match. If they do not have a legitimate reason for having the gun in Canada, they may NOT bring it in to the country for any reason. Personal Defense is NOT a valid reason, unless it is for defense against wildlife in very remote areas of the country. 

Therefore, a NON-RESIDENT may not bring his or her hunting rifles along just in case something comes up or he or she has time to go hunting. The hunting or shooting match must be the reason for the trip. 

NON-RESIDENTS may not have a restricted weapon in their possession anywhere in Canada unless it is at a recognized shooting competition or gun show. Because Customs has been notified that Permits to Carry or Transport will NOT be issued to Non-Residents, the Non-Resident must ship his or her weapon in bond by commercial carrier to the gun show or shooting match. 

DRIVING THROUGH THE PARK

CANADA'S NATIONAL PARKS' regulations forbid the possession of a firearm unless the barrel has been separated from the stock and it is being carried (in a vehicle for instance) in the dismantled condition, or unless the weapon is carried in a closed case or wrapped and tied so that no part of the weapon may be seen.



Business Proposals, GOING, GOING, GONE!

With Ozzie Jurock offering business proposals in his excellent Real Estate Investor newsletter (get a free sample copy sent to you by calling (604) 683-1111) I realized it was time to get serious on this side of the water.

The following two pages contain two business proposals. One is real, the other a spoof. I leave it to your imagine to determine: Which is Which!

Last Updated Tuesday, June 30 2009 @ 11:02 AM PDT|8,228 Hits View Printable Version

0 comments