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Mom wants firearms

Discussions about Security and Defense
HopeImReady
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Canada

Re: Mom wants firearms

Postby HopeImReady » Sun Sep 10, 2017 1:01 am

I bought bear spray at MEC years ago - had to sign a waiver. It is still for sale. The assumption is that you would only use it against a bear, cougar, etc. It would likely only be considered prohibited weapon if used against a person.
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HopeImReady
"The thing about smart mother f*ckers, is that they sometimes sound like crazy mother f*ckers to dumb mother f*ckers." -Abraham .”

Wayne
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Re: Mom wants firearms

Postby Wayne » Mon Sep 11, 2017 8:35 pm

The Criminal Code of Canada prohibits a person from carrying any product designed for personal protection against a human attack. This includes anything. In other words, a weapon is something designed as a weapon, or anything that has the intention of being used as a weapon. If it is concealed, it is a concealed weapon.

There are a few cases (case law) on this. Intention is primary as it is an element in a criminal charge. In short, a crime consists of both a mental and a physical element. Mens rea, is the person's awareness that their conduct is criminal (the mental element), and actus reus (Their actions) is the physical element. Having something in your home does not (imo) demonstrate what would be required for a conviction.

Another element is the type of substance used. Bear spray is not designed for use against people (nor is a baseball bat). There is a difference between mace and bear spray. Mace contains a higher concentration of oleoresin capsicum and it has been prohibited in-Canada.

Five years ago in Quebec, a man used pepper spray to ward off an attack. No charges were laid because it was considered to be a legitimate method of self-defence. Like I mentioned, if you feel that your life (or the life of another) is threatened, you are authorized to use as much force as is necessary, but no more than required. You're good to go... :-)
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helicopilot
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Re: Mom wants firearms

Postby helicopilot » Tue Sep 12, 2017 4:47 am

Wayne wrote:The Criminal Code of Canada prohibits a person from carrying any product designed for personal protection against a human attack. This includes anything. In other words, a weapon is something designed as a weapon, or anything that has the intention of being used as a weapon. If it is concealed, it is a concealed weapon.

There are a few cases (case law) on this. Intention is primary as it is an element in a criminal charge. In short, a crime consists of both a mental and a physical element. Mens rea, is the person's awareness that their conduct is criminal (the mental element), and actus reus (Their actions) is the physical element. Having something in your home does not (imo) demonstrate what would be required for a conviction.

Another element is the type of substance used. Bear spray is not designed for use against people (nor is a baseball bat). There is a difference between mace and bear spray. Mace contains a higher concentration of oleoresin capsicum and it has been prohibited in-Canada.

Five years ago in Quebec, a man used pepper spray to ward off an attack. No charges were laid because it was considered to be a legitimate method of self-defence. Like I mentioned, if you feel that your life (or the life of another) is threatened, you are authorized to use as much force as is necessary, but no more than required. You're good to go... :-)


Wayne, appreciate your professional input on the matter, unfortunately, too many people simply provide opinions on topics that could have dire consequences. Thanks again.
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