AR15 prohibition complications: or why you should NOT sell your AR15
I read this elsewhere and was motivated to cross-post it here. For those who did not know Mr. Tomlinson, he worked very hard in the NFA on furthering the rights of Canadian gun owners up until the point of his death last year. His legal insights into the question of the future legality of the AR15 in Canada are very sound. In point of fact, it lead me to greater confidence in the legal longevity of mine own and to recommend to you to buy two for yourself. In short, the more AR15s owned in Canada, the more difficult it will be to erradicate them.
THE AR-15 COMPLICATIONS
by David A. Tomlinson, National President (1984-2007)Question: "I hear that the government is planning to convert the Colt AR-15 rifle and all its variants to "prohibited firearm" status. Is that rumor true?"
Answer: Probably not. Converting the AR-15 to "prohibited firearm" status appears, at first glance, to be easy, under CC s. 117.15, which says:
- 117.15 (1) Subject to subsection (2), the Governor in Council (GIC) may make regulations prescribing [by Order in Council (OIC)] anything that by this Part is to be or may be prescribed. (The GIC is really the Minister, but they like to pretend that the Governor General and the Cabinet, who are members of the GIC, have something to do with it.)
- (2) In making regulations, the [GIC] may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the [GIC], the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.
Read that "limitation" in CC s. 117.15(2) very carefully. It is designed to work in reverse to what it seems to be saying. The Minister can outlaw anything if, in his own opinion, it is not "reasonable for use in Canada for hunting or sporting purposes." If he outlaws all .30-30 Winchester rifles, for example, no one can stop him – and no court of law can overrule him.
Why can’t a court overrule him? Because the law specifies "in the opinion of the GIC" – and so no court of law can substitute its own opinion for the opinion specified in the law.
Similarly, he can convert, by OIC, all reloading presses to "prohibited devices" and all cartridges that use expanding bullets to "prohibited ammunition" at the drop of a hat, without warning, and without having to go through Parliament. CC s. 117.15 makes the Minister very powerful.
That said, the AR-15 looks vulnerable. However, there is no provision in existing law that would work to "grandfather" any AR-15 or AR-15 owner, and "grandfathering" would be needed.