r/canadaguns 11d ago

Milsurps / Prohib First Nation Hunting Exemption in OIC

Since there's an exemption in the OIC that allows natives to hunt with their prohibited firearms, would I be allowed to take said firearm to the range to "sight it in" for hunting in the fall?

34 Upvotes

19 comments sorted by

141

u/varsil Firearms Lawyer (Verified) 11d ago

Firearms lawyer here:

There is an exemption in the OIC for Indigenous hunting.

It is incredibly narrow, and basically a legal trap.

So, the short answer is: DO NOT USE THE PROHIBITED FIREARM. Not for sighting in. Not for hunting. Not for anything.

You might win in court eventually. It'll be about $25,000 getting there, and all of your guns sitting in police storage in the meantime getting damaged, and never getting any of those prohibs back.

33

u/Ov3rReadKn1ght0wl 11d ago

This is great info! Thanks! I'm Indigenous as well and very much feeling the precarity here as well.

39

u/varsil Firearms Lawyer (Verified) 11d ago

I have a video on this, but among other things the exception is only until another firearm can be obtained.

So if you take a prohibited firearm out, you're going to have to explain how it was impossible for you to pick up a used Savage for $300 or whatever.

6

u/Ov3rReadKn1ght0wl 11d ago edited 11d ago

"Cost of living ain't great officer and the buyback cash was never guaranteed"...?

Or

"There was no replacement because everything else was banned officer. Reasonably,this was it!"

Joking (sort of). Thanks again! It's a really stupid way they went about this exemption stuff on top of the existing stupidity of the whole ban project.

32

u/varsil Firearms Lawyer (Verified) 10d ago

Even if you can establish that you fall within the exemption, it's going to be expensive as hell getting there.

Like, expect to need experts on the cost of firearms, availability, etc.

And then you'll get asked, "Well, you could afford the experts for this trial, and a lawyer. You couldn't afford a $300-500 gun?"

8

u/Ov3rReadKn1ght0wl 10d ago

Yeah, hence why your original advice stands lol. Best not take any risks in this area.

12

u/Tiflotin 10d ago

"You might win in court eventually. It'll be about $25,000 getting there," sums up modern legal systems just great. They'll take your property, put you in a cage, even if u did nothing wrong, and if you want to prove your innocence it costs a small fortune.

5

u/DryConfidence77 10d ago

They should reimburse you if you win imho

6

u/TheSockington 10d ago

Pretty sure I saw our Range Officer with his Tavor last weekend. People still out there being dumb with less protection than OP’s question. Deffo not worth it

6

u/waitwhatnothing 10d ago

I saw a guy shoot a tavor at my range  only a month or two after it was banned and an RSO kicked him out after like three shots. 

0

u/glassboxecology 10d ago

Doing the Lord’s work, thank you for your service in your field of practice.

20

u/Angsty-Shuppet 11d ago

NAL, but definitely not. I wouldn't even rely on that exemption for actual hunting, I don't remember the exact wording but it was something about being allowed to use them to hunt until it's reasonable to have acquired another legal firearm. It's not a real exemption, it's just there to cover their ass when challenged about respecting treaty rights.

19

u/DoYouGetSarcasm 11d ago

I'd recommend talking to a lawyer or your band council. They are the ones who will be fighting in court if needed.

My understanding is that the provision allows use only until you can get something else. So i would be concerned that they (the law) may think that by the fall you could have turned it over and gotten compensation (in their opinion) and thus you shouldn't be needing it to hunt in the fall.

8

u/h3IIfir3pho3nix N E R F G U N S 11d ago

Definitely talk to a lawyer. Sighting in isn't hunting, so you could end up in hot water if you're not careful.

5

u/throwaway11100217 10d ago

Tbh this rule is mainly for Aboriginals in remote wilderness areas like the North West Territories. I would never take a prohib to the range to sight it in, and the range leadership very likely does not want you bringing it to the range either.

If you think you are safe enough to try and use this exemption, my recommendation is to sight it in in the bush and I would highly advise you to be in a very remote area.

11

u/Expert_Document6932 11d ago

Need me a status card uncle

3

u/[deleted] 11d ago

[deleted]

6

u/__phil1001__ 10d ago

So we all need status cards as the workaround.

1

u/[deleted] 10d ago

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1

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