r/canadaguns • u/Careful_Passage969 • 14d ago
Application / Regulation advice home defense and Verney-Carron Flash-Ball
i was wondering with the violence increasing (i am in montreal, people break in houses is increasing) why Verney-Carron Flash-Ball is not allowed?
I check the law and I saw the joules etc but can we decrease the PSI of it? I know they're mostly associated with law enforcement in some countries.
just wondering if a company had release a news for an equivalent.
Edit: for **self-defense**
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u/Barbarian_818 14d ago
When you claim self defense, the burden of proof shifts to you. This is to prevent "self defense" becoming a get out of jail card.
Possession for self defense being a "purpose dangerous to public peace" is established through legal precedent. Judges cite Section 88 when doing so.
In theory, this is to prevent a person with malevolent intent from claiming a weapon is for self defense. In practice, well established in legal precedent, that possession of any weapon by anyone other than a military service member, a member of law enforcement in the course of their duties or a civilian who has been granted the (unobtainable) ATC permit is presumed to be possessing it for a purpose dangerous to the public peace.
Runkle of the Bailey has a few videos in the subject. The most relevant one is in regards to the Byrna device.
The bottom line is that, while you have the right to self defence, the courts have defined that very narrowly. You cannot possess a weapon with the intent of self or home defence. But if you are attacked in public, you can use whatever is to hand to end the attack. I have a heavy, rather stout, cane that I use as a mobility aid. If I am attacked, I can use that to defend myself. And I can use jo techniques from karate to do so. But an able bodied person has no such legal justification for carrying that cane. Similarly, if you live in an area where you might encounter dangerous wild life or hostile feral animals, you can legally carry pepper spray (aka bear spray) to defend yourself. But someone living in downtown Toronto or other major city can't.
If you are attacked within your own home and you happen to have a weapon at hand, you can use it to defend your life, or the lives of other people at risk within the home but not your property. I can grab a baseball bat and go after a thug in my living room if he is between me and my completely disabled son. But I can't go after him if he's carrying my TV set and is headed for the door.
And a catch there is, if you have time to unlock the trigger lock and load the shotgun, then arguably you were not in immediate threat to life. If you kept it loaded and/or unsecured with a trigger lock or locked case, then you are in violation of the safe storage requirements and can face penalties for that.