May 20, 2012
Detachment Commander
Lake Country RCMP
3231 Berry Road
Lake Country, BC V4V 1T8
Phone: 250-766-2288
Dear Sir;
I read a news article in the Vernon Morning Star newspaper concerning a young man whose pellet gun was seized by members of your detachment. (http://www.vernonmorningstar.com/news/151611305.html)
The part of the story that left me so disturbed was this:
The gun was seized by police and will be destroyed.
I have absolutely no issue with the fact that the RCMP investigated the complaint of someone shooting a handgun from north side of the dock at Turtle Bay Pub. In fact I would have been horrified had your constables not investigated. However, once it was determined that no crime had been committed that should have been the end of the matter.
Quality pellet guns can cost many hundreds of dollars, so by seizing this young man’s property you have essentially fined him the cost of his pellet gun. Such a fine has no basis in law that I am aware of, and the destruction of his pellet gun without a court order from a judge is most likely illegal.
Individual RCMP constables and RCMP detachments do NOT have the authority to destroy the legally-owned property of Canadian citizens without a court order.
On behalf of the young man whose property your constables have seized I am requesting that you return his property immediately.
I would appreciate it if you would notify me as soon as you have returned this young man’s property.
If you will not be returning his property, I would appreciate your response telling me which section of the Criminal Code gives you the power to seize the private property of Canadians who have not been charged with or convicted of a crime, as well as which section of the Criminal Code allows you to destroy a person’s private property without a court order authorizing that destruction.
Sincerely,
Christopher di Armani
PO Box 507
Lytton, BC V0K 1Z0
C.C. RCMP Superintendent Robert Paulson
Hi Chris,
The “Slippery Side”……The Compainant said…”He was Shooting at Ducks”…I’m sure there’s a few “Laws” around that.
Secondly….what was the rated “Feet Per Second” of this Pellet Gun?
I “Think” there is a maximum FPS allowed…not toally sure.
Thanks,
Norm
Agreed, Norm, but since they didn’t charge him with an offense there was no criminal wrongdoing found. Unless they can prove he was shooting at wildlife there is no case. (Remember the morons who posted a video on YouTube of them shooting a rifle at ducks on a pond?) Had the pellet gun fired a projectile at higher than 500 FPS (over that is considered a firearm under the law) they would have charged him with Firearms Act offenses. They didn’t. Hence my belief they need to apologize to the young man and return his private property.