Thread: New Updated Arms Code 2017

Originally Posted by GravelBen

Is it lawful for them to formulate policy that contradicts or is beyond the limits of the law?

when the law is established, then it would be unlawful to contradict the law. To go beyond the limits of the established law may not break the law, but the obligation of the state is to comply with the law in general. Where this becomes debateable is where the agency concerned can claim consistency with existing legislative intent...

For example... the police have a policy of inspection of security measure before they will issue a new FAL. Now give you cannot own a firearm before you have a licience, then clearly you cannot possess one either. The legislation requires securtiy only for firearms that you are in possession of.

Why then do the police insist on inspecting security that you are not legally obliged to have before that issue a FAL... they are acting outside of their legal authority afterall..

The answer of course is expediancy, education of a new FAL person and its a practical response... no court is going to spank them for that..