RCMP ISSUE NOTICE CLARIFYING STANCE ON 10/22 MAGAZINES

A full 20 days after information leaked out that the RCMP were moving towards a prohibition of 10+ round 10/22 magazines, an official notice has been posted to the RCMP Canadian Firearms Website:

22 Long Rifle calibre magazines for 10/22 platform firearms

In light of several inquiries received recently regarding the legal status of 22 Long Rifle calibre magazines for 10/22 platform firearms, please see the following information:

This further explains the Special Bulletin for Business No. 72 that was issued in September 2013.

The maximum capacity of a cartridge magazine is set out in Part 4 of the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted (the Regulations) under the Criminal Code. Pursuant to the Regulations, a magazine that has a capacity which exceeds the maximum permitted capacity is a prohibited device.

Specifically, paragraph 3 (1)(b) of the Regulations prohibit a cartridge magazine that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

22 Long Rifle calibre magazines designed or manufactured for 10/22 platform rifles are also inherently designed or manufactured for 10/22 platform handguns. Because 22 Long Rifle calibre 10/22 platform magazines are designed or manufactured for use in a semi-automatic handgun, they are prohibited devices if they are capable of containing more than 10 cartridges. The 10 cartridge limit for the 10/22 platform applies irrespective of the type of firearm it is used in.

Questions and Answers

What are the latest changes to the legal status of 22 Long Rifle calibre magazines designed for the 10/22 platform of firearms?

The legal status of 22 Long Rifle calibre magazines designed for the 10/22 platform of firearms has not changed.

The Regulations prohibit a cartridge magazine that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

What magazines are prescribed as prohibited?

Magazines designed for 22 Long Rifle calibre 10/22 platform firearms that have not been altered, or "pinned", so that they can hold more than 10 cartridges are prohibited devices.

Are 10 cartridge 22 Long Rifle calibre 10/22 platform magazines prohibited?

No. Factory made 22 Long Rifle calibre 10/22 platform magazines that cannot hold more than 10 cartridges are not prohibited.

Am I criminally in possession of a 22 Long Rifle calibre magazine?

If you are in possession of a 22 Long Rifle calibre magazine for 10/22 platform firearms that is not permanently altered, or "pinned" to meet the maximum capacity of a cartridge magazine, as set out in the Regulations, you may be in possession of a prohibited device.

If I am in possession of a 10/22 Long Rifle calibre magazine, how do I comply with the law?

A 10/22 platform magazine permanently altered, or "pinned", so that it cannot hold more than 10 cartridges, is no longer considered to be prohibited. Subsections 3(4) and 3(5) of Part 4 of the Regulations as outlined below describe the acceptable methods of altering or re-manufacturing a cartridge magazine so that it cannot hold more than the legal limit.

• 3(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.
• 3(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes:
  • (a) the indentation of its casing by forging, casting, swaging or impressing;
  • (b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or
  • (c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.

Lawful disposition options are available if you no longer wish to possess an overcapacity magazine. Please contact the Canadian Firearms Program at 1-800-731-4000 for further details.

Source: http://www.rcmp.gc.ca/cfp-pcaf/notice-avis-2016-07-27-eng.htm#q1

Editorial Note

Just over a year ago, I wrote that in light of the Trudeau victory at the ballot boxes, we as gun owners must come together as one unit for precisely this situation. Regardless of whether or not you happen to own one of these magazines, we absolutely must stand up to this, and make our voice heard as a community.

What will we be doing? Well, we'll be doing what we hope we do best: Keeping everyone informed. Calibre staff are already in communication with stakeholders in various gun rights and advocacy groups, and are working to ensure that all groups have all the relevant information at their disposal. To that end there will be a new category on this website replacing our SHOT Show coverage with new 10/22 magazine information as it becomes available. That section will also serve as a repository for all our Calibre-prepared form letters, online mailing tools, social media plans and shareables, and phone campaigns so you too can help us fight.

But before we can do that we need to make sure we know what direction we're pushing. Between the gun industry organization (CSAAA), our largest gun rights organization (CSSA), and the newest advocacy group (CCFR) working on public education, and ourselves as a firearm media creator and outlet, there are a lot of people involved in fighting this and step one is making sure that there is a clear and actionable plan that spans all the involved parties. Including us!

So what can you do? First, join the CSSA. As we wrote in that previous article:

We need a single group, with a single vision, representing as many of Canada’s two million gun owners as possible. Without that, we are a fractured entity pushing and pulling in any number of ways at one time, rather than a single force capable of exerting massive pressure in a single direction.

That front is the Canadian Shooting Sports Association. It literally cannot be made simpler than that eight word sentence. But why?

Because what we need, first and foremost, is a single group that has three attributes: A knowledge of legislative process and possessing a high level of legislative credibility, an infrastructure to manage membership and contributions responsibly, and the ability to develop a single cohesive strategy with which to engage government. The CSSA is the only group extant that possesses all of these attributes right now. And we need to rally behind one group right now. Every day that we do not is another day with which the anti-gun movements gets ahead of us.

We understand that other firearm-centric groups exist in Canada, and we respect them, their members and their efforts. As a business, we love anyone that puts effort into fighting for gun rights. But as much as each group serves a purpose, what we will need more than anything is a single group with a large membership, in order to sway legislators. This election saw the Liberals eke out a victory with a surprisingly small percentage of the actual ballots cast, which ensures that our success will ride upon the amount of voter support our organizational representatives can bring to the table… and that means we need at least one organization with as many members as we can muster. To put it in perspective, the difference between an overwhelming Liberal majority and the second-place CPC voter turnout was 1.5 million. There are over 2 million licensed gun owners in Canada. The sooner we can provide our lobbyists with membership numbers that better reflect our voting power, the sooner the issue of gun control stops being a matter for partisan politics.

Now, we ask that all gun owners follow through on that for one very simple reason that we won't beat around the bush on: Funding. This is going to be a long fight and as the largest organization the CSSA already has the deepest pockets and the infrastructure to support them. Making those pockets deeper simply allows them to make better use of any economies of scale that are available to them. Producing any sort of PR campaign, lobbying government, hiring lawyers, and investigation what government is doing all costs money.

But we won't stop there. So, we would ask that you not only join, but get involved. From volunteering on up, an organization is only as good as it's members, so don't just pay your dues... wade in, help out, and get involved! It's literally as easy as emailing them and saying you want to volunteer. We're sure they'll find something for you to do!

Finally, we won't go as far as to say if you're not with us you're against us, but we will remind all our readers that if you aren't at least a member of a gun organization, and you're not sending letters or phoning your local MP, you are not helping us. And we need you... all of you. So please help.

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