r/canadaguns • u/AutoModerator • Jun 13 '22

Weekly Politics Thread

Please post all your Politics or Ban-related ideas, initiatives, comments, suggestions, news articles, and recommendations in this thread. Unless new information is published in the media, recurring articles related to the gov'ts ***possible*** legislation are to be posted here. These threads will be weekly, until it's necessary for another per-week.

Previous politics threads can be found here. Previous threads can be found here.

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23

u/floydsmoot Jun 17 '22

Wouldn't this be great!

UCP leadership contender Danielle Smith wants Alberta to ignore federal laws it doesn't like:

https://www.msn.com/en-ca/news/canada/ucp-leadership-contender-danielle-smith-wants-alberta-to-ignore-federal-laws-it-doesnt-like/ar-AAYzGes?li=AAggNb9

22

u/[deleted] Jun 17 '22

Kinda hoping the AB CFO just starts making ATCs shall issue as a form of protest

-2

u/RatherBoringggggg Jun 18 '22

shall issue is an American concept with no basis in Canadian law

4

u/[deleted] Jun 18 '22

Well techincally right we have a de facto shall issue might be called something different but it'sthe same concept. PALs are shall issue they would just need to make ATCs the same as PALs in that sense

2

u/happythomist Jun 19 '22 edited Jun 19 '22

I wouldn't call PALs "shall-issue". The CFO can refuse to issue a license if "it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm". There is a list of factors to consider, but there's still a lot of discretion.

2

u/[deleted] Jun 19 '22

"Shall issue means that as long as an applicant passes the basic requirements set out by state law, the issuing authority (county sheriff, police department, state police, etc.) is compelled to issue a permit." - That's exactly what the PALs are. What you described there is the basic requirements set out by law. Discretion or not as long as you pass those you will get your PAL

2

u/happythomist Jun 19 '22

This is the relevant section of the Firearms Act:

5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

Also worth noting is the license revocation section:

70 (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing, [...]

"Desirable, in the interests of...safety" and "good and sufficient reason" are too vague to make this a "shall issue" regime.