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Joined: Sep 2008
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If anyone caught "Bone yard" last night on the History Channel, the subject matter was how various law enforcement agencies dispose of evidence. Well, they took you into the evidence locker of the LAPD where you saw pallets of long guns slated for a trip to the smelter. If you had good eyes, you might have noticed that in the foreground, lashed to perhaps 25 other guns, was a Savage 99. You didn't see it long enough to identify a specific model, only that it was a Savage 99.

It's too bad that our boneheaded elected officials see fit to destroy legitimate collectibles rather than auction them off during these hard economic times.


The power to legislate is the power to destroy
GB1

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Yet, Kalifornia continues to spend itself into the poorhouse, yep, makes absolutely no sense from here. Les


Back in the heartland, Thank God!



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At the shop I work in the local RCMP bring in seized guns to be destroyed on our 100 ton press.I've seen some pretty nice rifles go down,rem 700,win,md 70's.No 99's yet.

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Now I always thought all the good collectable rifles and pistols went to the top brass in the department Well maybe this was years ago before everyone got so uptight over firearm ownership.

38superman

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Pennsylvania used to auction off those guns. I don't guess even they do that anymore.


"You can lead a man to logic, but you cannot make him think." Joe Harz
"Always certain, often right." Keith McCafferty
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Guns are evil, and must be punished.

Joined: Mar 2002
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Canada recently changed the way that they deal with seized firearms nationally. If a person has their guns seized and later become the subject of a prohibition order then those guns are to be either destroyed or transferred to another govt. agency.
This happens even if the guns were not in any way involved in the act which brought about the prohibition.
Prior to this change the person could have sold the guns to another person or a dealer.
The change was by regulation not legislation.
BillR

Joined: Mar 2002
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This is the bulletin that all Canadian gunowners should be aware of as it "can happen to you!".
BillR


Firearms Forfeited by Prohibition Order
Special Bulletin for Police - No. 75

November 3, 2008
Notice
The information contained in this bulletin is considered accurate the date of publication. The information has not been updated to reflect any changes to the Firearms Act and related regulations.






Snapshot
Prohibition Orders
Forfeiture of Firearms under the Criminal Code
Disposition of Firearms Pursuant to the Public Agents Firearms Regulations
Synopsis

Effective October 31, 2008, firearms that are forfeited following a Prohibition Order and are in the custody of the police, cannot be released to any individual or business, including the previous owner who is subject to the Order.

According to the Public Agents Firearms Regulations (PAFR), forfeited firearms may only be sold, bartered, given, lent or rented to another public service agency or otherwise disposed of.

Prohibition Orders

Under s. 84(1) of the Criminal Code, "Prohibition order" means an order made under the Code or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, or explosive substance. Such orders will normally fall under:

s. 109: Mandatory firearms prohibition order
s. 110: Discretionary prohibition order
s. 491: Forfeiture of weapons and ammunition
s. 515: Judicial interim release order with condition prohibiting possession of firearms (no forfeiture)
Forfeiture of Firearms under the Criminal Code

Firearms may be ordered forfeited as part of a specific Prohibition Order. If a Prohibition Order is silent on firearm disposition, firearms held in violation of the Order are automatically forfeited pursuant to s. 115 of the Criminal Code.

Exception: Automatic forfeiture does not apply to orders made pursuant to s. 515 of the Code.

Disposition of Firearms Pursuant to the Public Agents Firearms Regulations

Under the Public Agents Firearms Regulations, firearms in custody of the police that have been forfeited as a result of a Prohibition Order under the Criminal Code cannot be released to any individual or business, including the previous owner who is subject to the Prohibition Order.

The police can only sell, barter, give, lend or rent these firearms to another public service agency or dispose of them by offering them to the Chief Firearms Officer (CFO) of the province or to the RCMP Canadian Firearms Program. If such offer is refused by the CFO or RCMP the police may only have them destroyed.

Note: Police Services will still be required to report the firearms in their custody to the Canadian Firearms Program under the Public Agents Firearms Regulations. More information on reporting agency and protected firearms can be found at the RCMP Canadian Firearms Program's (CFP) web site.

Information and Assistance
Any police service employee can use the CFP Police-Only Information and Referral Line, at 1 800 731-4000, ext. 2064 (E) or 2063 (F) to obtain information on the PAFR.

Police PAFR Web site Portal
Police e-mail: police-infocfc-cafc.gc.ca



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