Author Topic: Gun control back under control  (Read 2727 times)

scottish

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Gun control back under control
« on: April 14, 2015, 04:08:09 PM »
I didn't realize this until today but...  illegal possession of a firearm in Canada was punishable by a mandatory minimum sentence of 3 years in jail.   Sigh.   This from a government that recently suggested that rural homeowners should have a shotgun or rifle for home defense.   Today the supreme court of Canada struck down this law.  Linky:
http://www.theglobeandmail.com/news/politics/supreme-court-deals-new-blow-to-mandatory-sentencing-rules/article23957270/

I noticed this after reading the 'do you feel safe while hiking?' thread.  Many people suggested that they would carry a pistol with them while hiking.   Not  recommended in the great white north...

Drifterrider

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Re: Gun control back under control
« Reply #1 on: April 15, 2015, 06:40:09 AM »
I don't own any pistol that is large enough to stop something that wants to eat me.  If I though I would need a weapon (not like I'm going to go "Hike" anywhere anytime soon) I'd take a shotgun. 

OR, take a slower friend.  You don't have to outrun the bear: you only have to outrun someone else.

GuitarStv

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Re: Gun control back under control
« Reply #2 on: April 15, 2015, 08:02:38 AM »
Mandatory minimums are stupid.  If you let your target shooting license expire you could be imprisoned for three years with that law.  I'm glad it was struck down, and I'm pretty happy with how guns are controlled in this country.

scottish

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Re: Gun control back under control
« Reply #3 on: April 15, 2015, 04:11:21 PM »
I was much happier about the supreme court decision than about the suggestion that rural homeowners need a gun for self-defence.

Gun control up here seems about right to me.   You can acquire a rifle for hunting or varmints as long as you get training.

Cathy

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Re: Gun control back under control
« Reply #4 on: April 16, 2015, 10:48:12 AM »
The Supreme Court of Canada appears to have completely disregarded standing in this case (R. v. Nur, 2015 SCC 15).

A review of the opinion reveals that the Court was satisfied that the mandatory minimum punishment was appropriate for the particular accused before the Court, and indeed the Court declined to interfere with the sentences of the accused before the Court (para 119).

Since the sentence was appropriate for the accused before the Court, they were not in any way prejudiced by the mandatory minimum sentence and its alleged unconstitutionality. Therefore, they lacked standing to challenge the mandatory minimum and all three levels of Court really should not have considered the argument at all.

However, the Supreme Court has previously held that when it decides constitutional issues in a way that is technically unnecessary to the decision, those decisions are still binding. So the lack of regard for traditional standing principles doesn't vitiate the decision, although I don't understand why the Court didn't wait for a case where the mandatory minimum was actually objectionable.

scottish

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Re: Gun control back under control
« Reply #5 on: April 16, 2015, 04:11:09 PM »
Perhaps they have a low regard for our current government and don't want to enable any abuses.

GuitarStv

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Re: Gun control back under control
« Reply #6 on: April 16, 2015, 04:59:10 PM »
Perhaps they have a low regard for our current government and don't want to enable any abuses.

Hopefully they feel the same way about Harper's bill of terror currently being considered in senate.

scottish

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Re: Gun control back under control
« Reply #7 on: April 16, 2015, 05:31:21 PM »
I can only say  :-)

Luck better Skill

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Re: Gun control back under control
« Reply #8 on: April 20, 2015, 11:12:40 AM »
  I think the Supreme Court of Canada made the correct call.  If your system moves like the USA, if the court fails to strike a law the first time it is brought before them it is twenty years before it will rise again.  By not ruling lower rank courts will be less likely to enter a verdict opposite of the SCC.