Team CSSA SPECIAL REPORT - July 22, 2016

THE RCMP MAKES UP NEW LAWS AGAIN
Canada’s national police force has chosen to continue its unabated attack on our nation’s law-abiding firearms community. This time its ire is directed at one of the most common and inoffensive firearms owned by Canadians: the Ruger 10/22 rifle. To be more specific, the attack is on the rifle’s magazines.

With the sweep of a bureaucratic pen, the crew in the firearms’ lab has declared that for the little Ruger rifle any magazine that holds over ten shots is now PROHIBITED. Apparently the logic is that the magazines can also fit the obsolete Ruger Charger pistol. As such they are being considered handgun magazines and must be limited to ten rounds.

They are wrong of course.

The law says in Section 3 (2) (magazine restrictions) of the Criminal Code Regulations:

(2) Paragraph (1)(a) does not include any cartridge magazine that
(a) was originally designed or manufactured for use in a firearm that
(i) is chambered for, or designed to use, rimfire cartridges

Most of the magazines in question were for sale decades before the Charger pistol was even thought of. They are clearly designed for the Ruger 10/22 RIFLE, and therefore are exempt from the restrictions.

Although these magazines are only for the little .22 LR rimfire, this is no small thing. Hundreds of thousands of these magazines are in circulation in Canada and have been for many years -- without incident. Owners have been plunged, without even the courtesy of a public announcement, into serious criminality. Possession of a prohibited device is a very serious crime. Nice of them to tell us – but deceit and entrapment seem to be the RCMP’s stock-in-trade.

It is puzzling why the RCMP seems to relish widening the animosity between itself and Canada’s lawful, licensed gun owners. Indeed, the actions of the RCMP seem to indicate utter contempt for our community. Undoubtedly, the RCMP will reap what it sows.

What should owners of these magazines do? The answer is nothing. We have received nothing official regarding the status of these magazines, although we are certain it is coming. Individuals should not attempt to pin or otherwise limit the magazine’s capacity as that could prove dangerous. As well, transporting a prohibited device without the proper paperwork can land one into criminality very quickly. Do nothing to the magazines – don’t move them and don’t use them. Even giving them away could constitute trafficking in prohibited devices.

Hang in there! We are currently examining several options with our sister organizations and members of the industry, and we will need your participation. An announcement of our actions will come within the next few days.

Meanwhile, write a letter (paper is best, but email works) expressing your outrage to the Prime Minister of Canada, The Rt. Hon. Justin Trudeau; to the Public Safety Minister, the Hon. Ralph Goodale; and, of course, to your own federal Member of Parliament. Please don’t waste time with petitions. Direct communication is the only sure fire route. Express (politely) how you feel about another unwarranted attack on our community by the seemingly incompetent firearms’ lab, and request that steps be taken to reverse this attempt to turn hundreds of thousands of Canadians into instant criminals.

You can find the contact information for MPs and Minsters here:

http://www.parl.gc.ca/Parliamentarians/en/members

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Below is the actual memo text sent from the RCMP to police agencies:

Issue

This concerns the classification of 22 Long Rifle (22LR) calibre cartridge magazines designed or manufactured for Ruger 10/22 rifles, Charger pistols and related firearms, commonly referred to as the “10/22 platform”.

History

The Canadian Firearms Program (CFP) has responded to numerous queries from individuals and firearms businesses concerning the classification of magazines designed or manufactured for Ruger brand 10/22 rifles and Charger pistols, plus clones of such firearms made by other manufacturers. The overall issue was that any 10/22 platform magazine which exceeded ten shots capacity was a prohibited device. This information was also well circulated on Canadian online forums specializing in firearms issues. The CFP specifically addressed one of the more common overcapacity 10/22 platform magazines, the Ruger BX-25 magazine, which contains 25 cartridges and is described by Ruger as being manufactured for both the Ruger 10/22 rifle series and 22 Charger pistol series, identifying the BX-25 magazine as a prohibited device (CFP Bulletin 72, 2013-09-05).

Additionally, the Canadian International Trade Tribunal (CITT) decided that a similar magazine, the Ruger BX-25x2 magazine (50 shots), was a prohibited device (AP-2013-059).

Magazines up to 110 shot capacity are available. Although the 22LR cartridge is less powerful than most, it is nonetheless lethal, and combined with high capacity magazines, presents a public safety hazard and an officer safety concern when responding to incidents involving these magazines.

Notwithstanding the steps taken to inform the Canadian public and firearms businesses, it appears that prohibited 10/22 platform magazines continue to be imported into Canada and sold by unqualified businesses and individuals.

Rationale

In short, 10/22 platform magazines are designed and/or manufactured for both rifles and handguns. While rimfire calibre rifle magazines are not regulated, the capacity of handgun magazines is universally limited to ten cartridges, and in consequence, 10/22 platform magazines are prohibited devices if the ten shot limit is exceeded. Whether the magazine is intended by the importer to be used in a rifle is not relevant to the classification determination.

Summary

All 22 Long Rifle calibre magazines for the 10/22 platform, regardless of brand, are prohibited devices at any capacity exceeding ten shots. The ten shot limit applies irrespective of the type of firearm it is used in. Magazines exceeding ten shots capacity are not prohibited devices if reduced in capacity to ten shots or less by pinning or by other means described in the magazine regulations.

Action Required

CFP will continue to distribute the information to law enforcement (CACP, CROPS, NWEST, Public Safety Canada), businesses and clients (through CFO's offices) concerning the classification of those magazines.

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