November 1, 2024
Sudbury man loses fight to keep three guns federal government now classifies as 'prohibited'
Since the licence hadn't been revoked by the registrar, the judge didn't have jurisdiction to make a ruling under the Firearms Act.
Since the licence hadn’t been revoked by the registrar, the judge didn’t have jurisdiction to make a ruling under the Firearms Act.

SUDBURY — A Sudbury man who owns three guns recently reclassified as prohibited in Canada has lost a court fight seeking to reverse the newly imposed ban.

The guns – a Smith & Wesson firearm, a Dominion arms firearm and a Palmetto State firearm – moved from being on the restricted list to the prohibited list in May 2020.

In his appeal, the man argued that his license to own the weapons had been revoked when he received a notice in July 2020 informing him the guns were now prohibited.

Under section 74 (1) of the Firearms Act, if someone’s license to own guns is revoked, they can appeal to provincial court to have that decision overturned.

In a decision released Jan. 14, a Sudbury judge ruled the man’s license wasn’t revoked, it was nullified by the change in Canadian law.

“It is sometimes the case that in the rush to find a remedy or solution to a pressing social problem, the rights of others are ignored or trampled upon,” the judge in the case wrote. “In the present case, the applicant … is a law-abiding citizen who acknowledges the right of the government to make regulations controlling the ownership and use of firearms. What he opposes is the summary manner in which this has been done in his case and that of other firearm owners.”

[Interesting Read]

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