Hypothetical gun abandonment question

[u/OCTS-Toronto]

I'm curious about the legal aspects of an abandoned restricted or prohibited firearm. If someone owned let's say an ar15 but went to live abroad for a while. They stored it at my house but then never returned. What is the legal status the the firearm? I would not have a registration certificate (in my name) and the owner can't be charged assuming they never return. Would I be in possession of an illegal firearm? If it was turned into the police and then the owner returned many years later would they be charged upon arrival with an offense?

Seems like lots of Canadians are leaving Canada lately and I wonder what happens if they don't live up to all the legislation on the way out.

[u/Benefit_Waste]

Gun abandonment is cruel

[u/Not-a-Cranky-Panda → u/Benefit_Waste]

It'll need a long boat trip to get over it now.

[u/DryPersonality7558]

if someone left a restricted at your place, and you didn't get an ATT or TSP you are not in a good spot legally.

[u/milanskiv → u/DryPersonality7558]

It was not his responsibility to get an ATT. It was the responsibility of the person who dropped it off. If OP has RPAL but no certificate and their location is not registered as alternative storage location for their friend, then OP is in an unauthorized possession of a prohibited firearm and should really get a lawyer for advice and not Reddit.

Hypothetically, op could shred the receiver set and not be in a possession of a prohibited firearm with no certificate and no alternative storage location… some could even argue that in the given scenario OP never had it …

[u/SwampyUndies → u/milanskiv]

Hmm. Destroy it and claim it was like that before the move.

[u/OCTS-Toronto → u/DryPersonality7558]

I think the owner would be in trouble for not obtaining an ATT. And if they don't return to Canada then how could they be charged?

I suppose in might in possession of a firearm not registered to me. But what if it was a formerly non-restrictrd and now reclassified? This is all just for discussion....I don't have anyone else's guns.

[u/DryPersonality7558 → u/OCTS-Toronto]

Not a lawyer but if it was given to you while non restricted and is now prohibited that is a lot more defensible.. if it was always restricted then you hypothetically would be in hot water as you are in possession of it.

[u/milanskiv → u/OCTS-Toronto]

Since this is AR15 in your scenario, whataboutism with “previously non restricted “ does not apply given that the amnesty is applicable to certificate holders only in case of restricted firearm.

[u/SquallZ34]

The same AR15 that perished in a boating accident?

You’re the one in possession. If you get caught with it, you’re the only one to blame here.

[u/1882greg]

1. Call Ian Runkle
   
2. Pay the man.
   
3. Ask this question
   
4. Follow his advice.

Optional: as a PSA, let us know what he says.

[u/Fern540]

It’s going to the Supreme Court this summer, hopefully it’s all overturned and there will be nothing to worry about. Hopefully!

[u/OCTS-Toronto → u/Fern540]

Not out of the woods. Carney is making anti-gun statements just like Trudeau. He has his stolen majority and might use it to make more problems.

[u/ablemount]

As the apocalypse approaches, there are no "illegal" firearms.

(Hypothetically speaking.) 😉

[u/Lurch_902 → u/ablemount]

No guns are illegal on stolen land or whatever Billie eyelash said

[u/Rogan403 → u/ablemount]

There are no illegal firearms irregardless of an approaching apocalypse or not. Only and individuals possession is either legal or not.

[u/thats-inappropriate → u/[deleted]]

This sounds like the most logical and least costly options. I wouldn’t fkn open a can of worms with a lawyer no thanks. Destroy that shit, get a grinder and cut it up into pieces. Put it in the garbage and that’s it

[u/OCTS-Toronto → u/[deleted]]

Thanks, but it's just a hypothetical. I don't have someone else's firearm.

I'm curious what happens when someone leaves Canada but doesn't dispose of their registered firearms. I figure if they never return then they can't be charged.

I fully realize it's not a good idea. But it must have happened before at some point.

[u/julienjj]

a former NR that is prohibited you are fine as long as you *dispose* of it by the deadline should the surpreme court says so. The amnesty protect you.

an R keep it locked per the rules. Your buddy committed the fault by moving it without an ATT.

You do not need an ATT to send it by mail to a gunsmith if they pick it up at your door.

I'd say that's a prime example to use the NFA services.

In theory they could probably also just transfer you the gun before their PAL expire while it's at the gunsmith assuming it's not a handgun.

[u/OCTS-Toronto → u/julienjj]

Thanks. Most of that matches with what I expected. Although the gunsmith idea is pretty cool.

[u/FRANK_R-I-Z-Z-O]

Hypothetically speaking, unless there was an ATT or transfer, your friend lost it in a boating accident.

😂

[u/King_Merovingian]

Let’s look at it like this. If you borrowed your friends car to go to the store and it happened to be stolen. And let’s say on the way to said store you got stopped by the police. Being in care / possession of the stolen car makes it YOUR stolen ride and you get to eat all the charges. You could tell the police it came from your friend, all that would do is get you both charged and the police would let the courts sort it out.

So currently you’d probably eat a charge for possessing a prohibited unit. And since you can’t prove ownership…. The system would fuck with your life for a decade

[u/FrozenReesesPieces]

Listen carefully. Either you take it far into the untravelled woods and burry it. Or you clamp it down to a work bench; and grind it to pieces, nd then dump the pieces in different locations. The legal fees. The lawyers. Etc. I couldnt imagine.

Im not a lawyer, this is not legal advice.

[u/JamieP081]

Lets think this out logically. Its not your gun, its not in your name, it may be in your address, but past keeping the firearm legally stored its not your responsibility. If your friend comes and picks it up and moves it, its not legally your responsibility what he does with it after that. If your friend isnt planning on coming back to canada, thats also not your issue. Do with that info what you will. You’ve been given a blessing.