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Quote Originally Posted by BurlewLLB View Post
The RCMP did this with the CZ 858 back in 2014. Their position was some later models of the CZ858 were manufactured by modifying full auto versions that had been with military and were returned. Although the European Union Proof houses had approved these as semi auto for domestic use the RCMP lab kept the idea they were converted full auto. This lead to the Harper Government issuing amnesties and then C-42 was passed allowing the Gov Gen to designate a gun from prohib or restricted to Non Restricted and that was dome by a gazetted regulation I was in the tick of this from the beginning to end. The Swiss Arms Rifles wee also caught up in the controversy.

Since then the ability to designate a gun to be non restricted was removed from 117.15 by the Liberal Government. Then the OIC came about.

Regards

Ed Burlew LL.B.
Quote Originally Posted by BurlewLLB View Post
How to begin the Process.. First recognize this is a Revocation Notice. A Revocation is challenged by filing for a Hearing with the local Criminal Court. YOU have ONLY 30 days from Receipt of the revocation Notice to make the filing. No extensions.This is the way to obtain a section 74 Reference Hearing. You can obtain the form from your local court. It is to be filled out and served on the Crown Attorney's office of your local court Then the Reference along with proof of service is filed with the local criminal court registrar. The Registrar with either assign a date or you can tell them the date you wish to have as the first appearance in the local criminal court.

This then begins the long process of preparing for the hearing. The point of the hearing is to prove the revocation was unfounded and the opinion that the firearm is a converted full auto to semi auto is in error. You will be requesting all of the notes and investigations of the RCMP lab. You will need information from the manufacturer and you will need a firearms expert who can testify that he firearms was so fully remanufactured that the idea of it being a converted full auto is not relevant to it's being reclassified now as prohibited. This is truly a matter of expert vs expert to be presented to the court.

I have not examined the facts or issues and can not say if this will be a winning case BUT if it si not started then there is no case to evaluate the opinion of the RCMP SFSS lab .

But filing has no drawbacks. If you withdraw you do not suffer costs against you. Also during the time you have the Reference Hearing in play you may hold the firearm in you home. This allows the expert to attend and examine the firearm.

Regards

Ed Burlew LL.B.