CSSA NEWS LETTER JULY 25th 2013

CANADIAN SHOOTING SPORTS ASSOCIATION / CANADIAN INSTITUTE FOR LEGISLATIVE ACTION

TEAM CSSA E-NEWS – July 25, 2013
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COMMENTARY: GUN-GRABBERS COST BIG MONEY WITHOUT EVEN LAYING CHARGES

Responsible firearms owners do not want to see irresponsible people owning firearms. But, potential gun owners should not be screened out based on whimsy.

Let’s turn our attention to University of Ottawa student Boris Vardomskiy, 24, who had all of his firearms taken away for writing some cryptic comments on a 2011 test paper. (Could it be mere coincidence that U of O’s president is self-avowed gun-hater and gun registry draftsman Allan Rock?)

Boris Vardomskiy is the guy who decided to scribble his opinion of a woman sitting nearby on his test paper, describing her as “behaving in a wanton manner almost slut/whore like.” He also wrote the words, “TAP, RACK, BANG” on the same ecotoxicology exam. A teacher’s assistant marking the test passed it upstream through the university brain trust until the cops were called.

Boris is a target shooter and gun collector, so they showed up at his door, impounded his $15,000 firearm collection and had him checked out for mental stability. He was never charged with breaking the law, because it’s legal to pass judgment on a person’s perceived virtues. (But, it’s probably why some parents suggest, “If you don’t have anything nice to say about someone…”)

In 2012, Ontario Court Justice Dianne Nicholas was advised by a forensic psychiatrist that Boris did not pose a threat to himself or others. Even Judge Nicholas suggested Boris was a “conscientious, safe and responsible target shooter and gun collector,” yet she refused to believe the shrink. She decided Boris was so insincere that the Crown wouldn’t even have to prove Boris is a threat – he would instead have to convince her that he deserved to own guns. She reversed the onus and deemed that this young man’s shooting days were over.

The Ottawa Citizen ran a story this month that notes Superior Court Justice Brian Abrams concluded Judge Nicholas made “serious errors” in her legal analysis. He wants a new hearing in front of a different judge. Judge Abrams simply didn’t buy the reverse onus and said the Crown must prove Boris is a threat. It is worth noting that Boris was never charged, was properly licensed and stored his firearms in a manner that exceeded legal requirements. Oh, and he has apologized for his inane remarks, according to an Ottawa Sun report.

Not good enough for the publicly-funded-by-taxpayers Crown. It is appealing Judge Abrams’ decision that Boris’ hearing was botched. The Crown claims that Judge Abrams failed to interpret the Criminal Code section that deals with firearms seizure for public safety. A traditional search warrant requires proof that a crime has taken place and a search of the suspect’s home could produce evidence of that crime. But, the Crown says Boris couldn’t stop himself from writing gun-related remarks, and therefore, can’t be trusted with a gun.

Boris Vardomskiy’s lawyer, Solomon Friedman, says Boris wants to keep the case alive as a matter of principle. He says it has nothing to do getting his guns back because the guns are no longer his. Boris had to sell them to pay his legal costs. And there’s the intimidation-based lesson that the police and the government want to teach gun owners. Win or lose in court, the outcome will deplete your savings big time. Boris had to sell his $15,000 gun collection, but has never even been charged for anything save bad penmanship. And that’s why anyone who legally owns a firearm can be subjected to the legal system’s anti-gun bias. The process is the punishment.

Time to insure yourself against expensive legal fees, perhaps?

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NEWS OF NOTE:

QUEBEC JUDGE SAYS THE REGISTRY IS NOT USEFUL: Quebec has suffered another legal setback in its fight to get the provincial data from the federal long gun registry.

Last month, the Quebec Court of Appeal ruled in favour of the federal government, saying it doesn’t have to hand over the data to Quebec.

The Court of Appeal has now rejected the request by Quebec’s attorney general for an injunction that would have prevented the federal government from destroying the gun registry information pending an appeal before the Supreme Court. And it would have ensured the information remained updated and accessible to police.

Court of Appeal Judge Pierre Dalphond, in a 10-page ruling, said that the only prejudice suffered by Quebec would be financial and that this would not cause irreparable or serious prejudice. He said Quebec could always set up its own registry and ask the federal government for compensation.

Dalphond dismissed the argument that it would deprive Quebec police forces of a useful tool, arguing that other police forces have been working without the registry since October 2012 when the information was to have been destroyed. The judge also cited the prejudice to the federal government which he said would have had, at its own cost, to keep, maintain and update data already done away with through its own legislation.
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MISUNDERSTANDING OVER GOPHER SHOOTING BRINGS RCMP TO FOAM LAKE – 911 calls reported a man firing a gun in the town

A misunderstanding involving a rifle in Foam Lake has police looking for better communication.

On Monday (sic) a pair of 911 calls took Mounties to the town north west of Yorkton. They reported a man with a rifle near a residential area. When the officer found the truck the callers described and pulled it over in a field the driver got out.

He was holding the rifle. Despite the officers calls to drop the gun he hesitated, turning to face the officer before finally letting go of the weapon. He was taken into custody immediately and when the officer secured the rifle he discovered it was loaded.

“It was only at that point that we learned the person was a pest control officer that was looking after the gopher population in the area,” explained RCMP Sergeant Paul Dawson in an interview Friday. He admits all sides are fortunate that the incident didn’t end badly.

“Once you have all the facts everything is easily explainable but once you put yourself in the shoes of either the officer or the subject that was involved you can see how the confusion could lead to a serious incident.”

Dawson says the incident underlines the importance of listening to officers and obeying their commands in the heat of the moment.

He also applauds the people who called their reports in to 911, saying people need to report any behaviour that could be seen as potentially dangerous. (ED – See what we mean?)

Dawson says the Mounties will work with this pest control officer to make sure they know when he’s out in the area. They can then pass that information along to anyone who calls in. But he adds that there’s a lesson other towns and cities can learn about better and safer communication in similar situations. (NEWSTALK 650)

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SPORT SHOOTER SELLS GUNS TO PAY LEGAL FEES: The legal fight over the seizure of guns from a University of Ottawa student is headed to the Ontario Court of Appeal in a case that could define what constitutes a “legitimate concern” about when a gun owner lacks the responsibility and discipline to possess firearms.

But no matter what the appeal court decides, Boris Vardomskiy won’t be getting back his $15,000 collection of guns. Vardomskiy, 24, has already agreed to transfer the 11 guns to a third party and they’ve been sold, according to his lawyer. He intends to use the money from the sale to pay his mounting legal costs, says Solomon Friedman.

“This is about his ability to own guns now, not the guns themselves,” Friedman said. “He is fighting for his ability to own firearms.”

Police seized Vardomskiy’s guns on a judge’s order after he wrote “TAP, RACK, BANG” on a 2011 ecotoxicology exam as well as a slur about a female student sitting in front of him who he believed was “behaving in a wanton manner, almost slut/whore like. Despicable!”

Vardomskiy’s case has already been the subject of a pair of court hearings.

Last year, Ontario Court Justice Dianne Nicholas banned Vardomskiy from owning firearms for two years and ordered the guns seized by police be forfeited. Nicholas acknowledged Vardomskiy was a “conscientious, safe and responsible target shooter and gun collector,” but she disregarded a psychiatrist’s finding that Vardomskiy didn’t pose a risk to himself or others. Instead, Nicholas said Vardomskiy didn’t make a good impression on her and she believed he was disingenuous and manipulative before concluding he hadn’t convinced her the guns should be returned.

But Superior Court Justice Brian Abrams overturned that decision last month, concluding that Nicholas had made “serious errors” in her legal analysis and ordered a new hearing in front of a different judge. In overturning Nicholas’ ruling, Abrams concluded that Nicholas reversed the onus, requiring that Vardomskiy prove he was a responsible gun owner instead of requiring the Crown to prove he was a danger. Vardomskiy wasn’t charged with any crime, was properly licensed and stored his registered guns and ammunition in a manner that exceeded legal requirements, Abrams said.

Last week, the Crown appealed Abrams’ decision, indicating in their notice of appeal that they would argue Abrams was the one who erred in finding that Nicholas reversed the burden of proof. They also argued he treated the matter like a criminal trial and substituted his own view of the evidence. Abrams misinterpreted and misapplied the test under the section of the Criminal Code dealing with the seizure of firearms for public safety, the Crown argues.

The guns were seized under a section of the Criminal Code that allows police to obtain a warrant to search a home when they believe on reasonable grounds that a person possesses a firearm and that it is not in the interest of public safety for the person to have it. That is different from a traditional search warrant, which requires proof a crime has been committed and grounds to believe evidence will be found during the search.

During the hearing in front of Abrams, assistant Crown attorney Moiz Karimjee asked whether someone who couldn’t control his own hands to keep himself from writing sexually inappropriate and gun-related remarks on an exam should be trusted with a gun.

Karimjee argued that Vardomskiy’s conduct created “legitimate concerns” that Vardomskiy — who initially lied to police — lacked the responsibility and discipline the law requires of a gun owner. If the Ontario Court of Appeal hears the case, it is believed it will be the first time they will have to interpret the precise meaning of a “legitimate concern.”

Friedman, Vardomskiy’s lawyer, said Vardomskiy is fighting as a “matter of principle. He strongly believes that Justice Nicholas was in error,” said Friedman.

Friedman said once someone is prohibited from owning firearms — even for two years — it is “extremely unlikely” the Chief Firearms Officer will permit them to ever have a license again. That makes the stakes very high for Vardomskiy, an avid target shooter.

Friedman said the Crown’s appeal is “very, very broad. It looks like they think a bad precedent has been set for the police and the Crown here,” said Friedman, who has co-authored the Annotated Firearms Act and testified before Parliamentary and Senate committees.

“My client is certainly disappointed that this odyssey at great financial cost for him continues,” said Friedman. “For someone who has never been charged with a criminal offence and is simply trying to retain the privilege of owning firearms has spent in excess of $15,000 defending that.” (Ottawa Citizen – July 15, 2013)

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WILD WEST OUTDOOR EXPO IN EDMONTON: Don’t miss one of Canada’s best events for sports shooters in Edmonton on September 6-8. For tickets and information see www.wildwestexpo.ca

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THE ALBERTA TRAPPERS ASSOCIATION 40th Annual Rendezvous and Outdoorsman Show in Grimshaw, Alberta, July 19 & 20, 2013 http://www.albertatrappers.com/show.html
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EZRA LEVANT’S HOME-RUN — “MEDIA PARTY” HAS ITS OWN ENEMIES LIST:
http://www.sunnewsnetwork.ca/video/2551523859001

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CDC: ARMED VICTIMS LESS LIKELY TO BE HARMED BY ATTACKERS: A $10 million government report on gun violence ordered by President Barack Obama has concluded that people who are armed are less likely to be harmed by their attackers. President Barack Obama issued an executive order in January calling for the report by the Centers for Disease Control and Prevention. “Recent, highly publicized, tragic mass shootings in Newtown, Conn.; Aurora, Colo..; Oak Creek, Wisc. and Tucson, Ariz., have sharpened the American public’s interest in protecting our children and communities from the harmful effects of firearm violence,” according to the report.

The document – “Priorities For Research to Reduce the Threat of Firearm-Related Violence” – reports “studies that directly assessed the effect of actual defensive uses of guns (i.e., incidents in which a gun was ‘used’ by the crime victim in the sense of attacking or threatening an offender) have found consistently lower injury rates among gun-using crime victims compared with victims who used other self-protective strategies.”

An article published in the NRA News said “If the president was looking to the CDC report for support on how to reduce the threat of firearm-related violence through legislation restricting the rights of American citizens, he was sorely disappointed.”

The report also noted that most firearm violence does not result in death. In 2010, for example, some 105,000 Americans where injured or killed by guns, but more than two times as many suffered nonfatal wounds as those who were killed. Most deaths from guns were the result of suicide, not homicide. “Between the years 2000 and 2010, firearm-related suicides significantly outnumbered homicides for all age groups, annually accounting for 61 percent of the more than 335,600 people who died from firearm-related violence in the United States,” the report said.

The report also noted that most felons get their guns from what researchers described as “informal sources,” and that stolen guns account for a small percentage of those used by convicted criminals. “Whether gun restrictions reduce firearm-related violence is an unresolved issue,” the report said. Researchers said that it was still unclear whether passage of right-to-carry laws decrease or increase violent crime and that “gun turn-in programs are ineffective.” (NEWSMAX – July 20, 2013)

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HEY OZ, HOW’S THAT GUN REGISTRY WORKING FOR YA? An independent audit will be undertaken of the NSW Firearms Registry including looking at the adoption of a new “smartcard” licence that will “better protect” gun owners’ private information.

The audit was announced last Friday by the state government, which said gun owners and stakeholders want the firearm licensing regime updated. Questions have been asked over the past year about whether the firearms registry has been compromised after a spate of guns were stolen from the homes of registered firearm owners.

Nearly 200 guns were stolen from premises across the state in five months at the end of last year but NSW police have always remained adamant the gun registry has not been accessed illegally. Three premises were broken into and guns stolen across NSW last week.

Eight guns – four shotguns and four rifles – were stolen from a locked safe at a home in Griffith, two guns were taken from Goonellabah in the state’s north and another, a Ruger rifle, was stolen from from a home in Wilcannia.

Police have said they believe many of these types of thefts, which are predominantly carried out in rural areas, are likely to be locals stealing guns from other locals. There is no evidence the guns, mostly long arms and rifles, were being used to supply bikies or crime gangs in Sydney, police have said. These criminal groups prefer handguns.

There was another gang-related shooting in Sydney last Tuesday when Bassil Hijazi, 19, was shot in the neck as he sat in a car on Prince Street in Bexley in the city’s south. Witnesses said two vehicles chased Mr Hijazi’s sedan into the poorly lit street and cornered the vehicle, before someone emerged and fired up to six rounds, one of which struck the victim in the neck.

Mr Hijazi survived the shooting and staggered to a nearby home for help. His shooting is believed to be linked to an internal war within the ranks of the Comancheros. The next day police raided homes and properties connected to Hells Angel members, including a hotel in The Rocks where a high ranking bikie was charged with possessing a prohibited gun… (theage.com.au – July 22, 2013)

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JFPO DEFENDS “STAND YOUR GROUND” LAWS: African Americans benefit from Florida’s “stand Your Ground” self-defense law at a rate far out of proportion to their presence in the state’s population, despite an assertion by Attorney General Eric Holder that repealing “Stand Your Ground” would help African Americans.

Black Floridians have made about a third of the state’s total “Stand Your Ground” claims in homicide cases, a rate nearly double the black percentage of Florida’s population. The majority of those claims have been successful, a success rate that exceeds that for Florida whites.

Nonetheless, prominent African Americans including Holder and “Ebony and Ivory” singer Stevie Wonder, who has vowed not to perform in the Sunshine State until the law is revoked, have made “stand Your Ground” a central part of the Trayvon Martin controversy.

Holder, who was pressured by the National Association for the Advancement of Colored People (NAACP) and other progressive groups to open a civil rights case against acquitted neighborhood watchman George Zimmerman in the 2012 shooting death of 17-year-old Martin, criticized Florida’s “stand Your Ground” self-defense law in a speech Tuesday before the NAACP.

The law was not invoked by Zimmerman’s defense team but was included in instructions to the jury.
“We must confront the underlying attitudes, the mistaken beliefs and the unfortunate stereotypes that serve too often as the basis for police action and private judgments. Separate and apart from the case that has drawn the nation’s attention, it’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhood,” Holder said to applause in his speech before the NAACP Tuesday.

“These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if — and the ‘if” is important — if no safe retreat is available. But we must examine laws that take this further by eliminating the common-sense and age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely. By allowing and perhaps encouraging violent situations to escalate in public, such laws undermine public safety,” Holder said.

“The list of resulting tragedies is long and, unfortunately, has victimized too many who are innocent. It is our collective obligation; we must stand OUR ground to ensure — (cheers, applause, music) — we must stand our ground to ensure that our laws reduce violence, and take a hard look at laws that contribute to more violence than they prevent,” Holder said.

But approximately one third of Florida “stand Your Ground” claims in fatal cases have been made by black defendants, and they have used the defense successfully 55 percent of the time, at the same rate as the population at large and at a higher rate than white defendants, according to a Daily Caller analysis of a database maintained by the Tampa Bay Times. Additionally, the majority of victims in Florida “stand Your Ground” cases have been white.

African Americans used “stand Your Ground” defenses at nearly twice the rate of their presence in the Florida population, which was listed at 16.6 percent in 2012.

One hundred thirty three people in the state of Florida have used a “stand Your Ground” defense. Of these claims, 73 were considered “justified” (55 percent), while 39 resulted in criminal convictions and 21 cases are still pending.

Forty four African Americans in the state of Florida have claimed a “stand Your Ground” defense. Of these claims, 24 were considered “justified” (55 percent), while 11 resulted in convictions and nine cases are still pending.

Of the 76 white people who have used the defense, 40 were considered “justified” (less than 53 percent), while 25 were convicted and 11 cases are still pending. http://jpfo.org/articles-assd03/blacks-benefit-from-fl-law.htm (Jews for the Preservation of Firearms ownership — July 16, 2013)

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The CSSA is the voice of the sport shooter and firearms enthusiast in Canada. Our national membership supports and promotes Canada’s firearms heritage, traditional target shooting competition, modern action shooting sports, hunting, and archery. We support and sponsor competitions and youth programs that promote these Canadian heritage activities.

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CANADIAN SHOOTING SPORTS ASSOCIATION / CANADIAN INSTITUTE FOR LEGISLATIVE ACTION
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