NRA Tells Parents To Keep Guns In Kids’ Rooms

[Renee]

The Gun Debate for home safety...



Now, Canadian case law has dictated that I can sleep with a loaded weapon under my pillow.  Yes, it is true.  I'm sure some will argue the legalities of this, but trust me to have studied case law for many hours before you do so.  Of course, this is in my scenario, where there are no children present in the home, and the theft of said firearm is low from any invited adult guests.



THAT being said,  although I have many firearms, I would not utilize them for protection of my home.



Now, MY case is unique, as is everyone else's...  Where do you live?  Is it a high crime area?  DO you have children in the home?  DO you have a lot of guests that could have access to said firearms?



A loaded firearm in my house poses very little threat to anyone other than me.  The real issue is, time and time again, is firearms that are taken by people that aren't the rightful owner.



Now, on to the second point...  A firearm for home protection/invasion purposes generally is of little use to the homeowner in most cases...  Home invasion/burglary type invasions happen fast, in seconds.  If the firearm isn't within reach and loaded at the exact time, it is likely it'll do you no good.  



So, what I prefer to do, to satisfy my personal protection, as well as not having loaded guns all over the place, is I have dog/bear/mace spray sitting on my nightstand.  This is more effective than you may think, as a blinded intruder is yours to deal with.  It's fast, and doesn't need loading.  Just point and spray.



The best part is, shooting someone in any country, regardless of how "gun happy" the State is, will nonetheless lead to expensive legal repercussions for trials and whatnot.  That is why I will utilize spray.  A lot less to explain, should I need to incapacitate someone.



Now, again, everyone is different, and lives in different places, but one must weight the pros and cons of keeping loaded firearms handy (unloaded firearms rarely can be loaded in time during a night time home invasion), or keeping another suitable deterrent within reach.

Since you live alone you are allowed to keep a loaded handgun under your pillow?

 

No matter how you look at it; keeping an unsecured loaded gun anywhere in your home is a bad move; especially under a pillow or anywhere in bed with you. The chances of an unintentional discharge are too high to even consider it a viable option..........



ac_umm Although in Mel's case......it's probably no big deal because an unintentional discharge is probably a common occurrence. ac_biggrin

[Anonymous]

^^ ac_lmfao

[RW]

Mel has trouble with legal facts.



You CANNOT legally store a loaded weapon in your home in Canada.



http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3">http://laws-lois.justice.gc.ca/eng/regu ... 1.html#h-3">http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3

[Anonymous]

Mel has trouble with legal facts.



You CANNOT legally store a loaded weapon in your home in Canada.



http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3">http://laws-lois.justice.gc.ca/eng/regu ... 1.html#h-3">http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3

I found it hard to believe there was an exemption for people who live alone.

[RW]

Mel has trouble with legal facts.



You CANNOT legally store a loaded weapon in your home in Canada.



http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3">http://laws-lois.justice.gc.ca/eng/regu ... 1.html#h-3">http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3

I found it hard to believe there was an exemption for people who live alone.

There isn't.  In Canada, you can't store or transport a firearm that is loaded.  Legally anyway.

[Anonymous]

Mel has trouble with legal facts.



You CANNOT legally store a loaded weapon in your home in Canada.



http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3">http://laws-lois.justice.gc.ca/eng/regu ... 1.html#h-3">http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3

I found it hard to believe there was an exemption for people who live alone.

There isn't.  In Canada, you can't store or transport a firearm that is loaded.  Legally anyway.

Oh for sure. You don't need a possession and acquisition license to know that.

[RW]

There's also no case law stating otherwise that I have ever seen.

[kiebers]

.

should click the link before asking a question.

[smell the glove]

Mel has trouble with legal facts.



You CANNOT legally store a loaded weapon in your home in Canada.



http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3">http://laws-lois.justice.gc.ca/eng/regu ... 1.html#h-3">http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-3

Case law has proven otherwise.



There was a gentlemen who lived alone, and when police executed a search warrant (for whatever reason they did), they found a loaded pistol under his mattress.



Of course, the cops did try to charge him with a firearms offense, but the Judge tossed that charge out, stating that considering the man lived alone and had very few guests, the purpose of the safe storage laws didn't really apply to his situation.



You see, this is where book law and case law are quite often two very different things...

[RW]

Link me the case.

[smell the glove]

Oh Christ, I'll have to see if I can find it!



I'll give you a personal example of case law...  A few years ago I was charged with careless use of a firearm, since I decided to fire off a few rounds at a local gravel pit.  I should have known better, but it was a good idea at the time.



Anyhow, someone in there called the cops.  Holy shit, I think every cop from three different cities converged on me all at once!  I was public enemy number one there for a brief moment.



I was arrested and charged.  When it came to court date, the Crown wouldn't even proceed with the trial.  It was stayed before it even went before the Judge.  Why?  Even though it may have been careless by book law, there was no way it could be proven as a careless act, and it was stayed.



This is the difference...

[smell the glove]

It'll take me some sifting to find the particular ruling I mentioned, but here's something:

More common is a charge under Section 86. If you carelessly use, carry, handle, ship, transport or store a firearm (or ammunition), it is an offence, unless you have a lawful excuse or can show you took reasonable precautions for the safety of other persons.

[smell the glove]

What you think is the law, and what really is the law, are two quite separate things...



And this is why I mentioned the loaded pistol under the mattress case...  I still cannot find it, but the Judge had ruled that (essentially) firearms storage laws were created not for the safety of the owner of the gun, but for all others that may come into contact with his improperly stored gun.  This being guests, children, etc.!



Now, since this guy could show that he was single, essentially a recluse with no visitors, the reason the storage laws are in place in the first place, didn't apply to him.  Case dismissed.



This is how case law works...  What you see in the Criminal Code of Canada is basically a loose interpretation of what should happen...  Case law is different, and that's what actually happens...

[smell the glove]

With that being said, I personally keep my firearms stored and secured as per requirements...



I know the stats...  I know how unrealistic a firearm can be if used for self defense in a night time home invasion scenario, especially when one is sleeping...



You'd literally have to have a loaded pistol within arms reach, to make this scenario work.



For this reason, I do not bother...  OC spray is what sits in my drawer, and that's within arms reach.



I also don't want to deal with the legal fees if I kill someone.  Spray 'em in the eyes, and then boot fuck 'em, is a lot cheaper to deal with in the courts of law!

[Anonymous]

But the police could still charge you if they were in your apartment and saw your guns loaded?