Thread: Mail order firearm loophole??????????

That's what I thought. Therefore that means they can require you to fill that for out if they request you to, does it not?

Originally Posted by Jexla

That's what I thought. Therefore that means they can require you to fill that for out if they request you to, does it not?

They would have to create a regulation (ie a legal document in itself) stating that their particular form is required - but that would probably contradict the Arms Act which says (as mentioned above) that it just has to be a written order etc. Acts are more powerful than regulations, as the regulation would be created under the authority of the act.

However if they were refusing to sign a written order which didn't use their form, I think you would have to really want to make an issue of it to be worth the cost and hassle of a legal challenge.

Originally Posted by Jexla

That's what I thought. Therefore that means they can require you to fill that for out if they request you to, does it not?

No.

If they want a specific form to be used, which isn't already specified in the act, then they need either:
-an Order In Council by the Governor General, or
- an Amendment to the Act.

Once a form is prescribed, then they could insist that you complete all fields. However, if the information requested isn't specified in the order/amendment than you could certainly challenge than he requirement to fill it out.

A "written order" is not a prescribed form.

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Originally Posted by Koshogi

No.

If they want a specific form to be used, which isn't already specified in the act, then they need either:
-an Order In Council by the Governor General, or
- an Amendment to the Act.

Once a form is prescribed, then they could insist that you complete all fields. However, if the information requested isn't specified in the order/amendment than you could certainly challenge than he requirement to fill it out.

A "written order" is not a prescribed form.

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Good luck arguing that in court when the cop tells you to complete the form he gave you 100%.