Gun possession at Canadian Border

[Geiner]

Hi guys, I was wondering if anyone has had any experience w/ dealing with being arrested at the Canadian border w/ a pistol? Any attorney advice?

What happened is, my parents were on a month long travel vacation to the west coast. Among the places they were visiting was San Francisco. While there, they decided to go up through Oregon to Seattle, WA. Then the mistake: they decided to take a ferry over to Canada to Victoria. Once they landed, they were asked if they had anything to declare and they said no. Being in an RV they were targeted for a search, where they found the pistol. My step father was arrested for smuggling a weapon into Canada. (even though they declared it to the ppl doing the search). They seized all the cash from them & eventually allowed them to get back on the ferry and return to the US. They were told to get a canadian lawyer. (This sounds fishy). My parents are retired 72 & 74 yrs old and spending their time traveling the US. My mom has been robbed at gunpoint before, hence the pistol for protection. These aren't hardened criminals smuggling tons of arms into Canada to start a rebellion or mass murder. Sheesh. It's an honest mistake. Now they are being treated like Al Capone. Any help or nudge in the right direction would be greatly appreciated.

Thanks,

Geiner

 

[rebelracer79]

At their age, I'd just avoid Canada

 

[caojyn]

That's awful man, I'd imagine they told them to get a Canadian lawyer bc they're probably more versed in Canadian law than a US attorney. Did you mean to say they were asked if they had anything to declare and their response was no, and then later when their RV was about to be searched they then declared it?

 

[joesnipes7]

don't know about now but in the 90's when I drove over the road I had to go into Canada,one of the questions the border guard asked was if I had a handgun in the truck,told me they were prohibited and if they searched my truck after I crossed the border and found one it was an automatic 6 month sentence,seems it may have changed some since they were allowed to leave

 

[Geiner]

Yes, something like that caojyn. I haven't spoken to them at length, but from what I understand, they were asked to declare anything and said no. Then after they were told they were going to be searched, the guys doing the search asked them again before they went into the RV if they had anything in there that could hurt them and he told them about the gun. I am not implying that they lied to the 1st guy and only fessed up after the fact. Believe it or not, ppl do forget sometimes that they have a gun on them. (I.E. ppl getting on planes w/ one in their bag.) They store that gun in the RV and rarely pull it out, so after 3 to 4 weeks on the road and by not even packing it in the 1st place for the trip, because it was already there, they weren't thinking when asked the question. Then while they were waiting to be searched, it hit him like a ton of bricks. Kind of an "Oh ****" moment. He then informed them it was there. I'll have more details when I speak with them again.

 

[caojyn]

That's what I figured was the case, that really stinks. I hope it turns out well.

 

[dennishoddy]

don't know about now but in the 90's when I drove over the road I had to go into Canada,one of the questions the border guard asked was if I had a handgun in the truck,told me they were prohibited and if they searched my truck after I crossed the border and found one it was an automatic 6 month sentence,seems it may have changed some since they were allowed to leave

When I drove over the road in the 70's, any weapon was not allowed in the cab of the tractor. We all carried tire Billy's. Stick of wood with a lead head on it to "hit the tire to see if it had air in it".
Valid test for the tire, but it also offered a weapon that was allowed. 2013, weapons are not allowed in DOT interstate commerce.

 

[twoguns?]

At their age, I'd just avoid Canada

Stats and stories are cool....but heres your answer!!

.But dont despair...we have Rijas Arms round this area....

 

[NightShade]

Found this after a quick look

http://usgovinfo.about.com/od/rightsandfreedoms/a/gunstocanada.htm

They will never get their firearm back so I personally would plan to avoid Canada, plus they may be flagged for no crossing even if things are taken care of because of the violation. As far as a lawyer from Canada, most US lawyers will not have taken their tests to practice law in Canada in the first place and will not have as good an understanding of their laws anyway.

If they are NRA members I believe they can contact someone there about it what happened and they will likely be able to advise them a bit and definitely point them to a good attorney to use.

I don't know if just avoiding the problem will be the best course of action though. A law was broken in their eyes and if they don't deal with it things will only get worse which could end up with warrants, extradition hearings and a lot more money spent. And it probably would not hurt to have an attorney here for just in case as well who has dealt with problems in crossing the border.

 

[rebelracer79]

Found this after a quick look

I don't know if just avoiding the problem will be the best course of action though. A law was broken in their eyes and if they don't deal with it things will only get worse which could end up with warrants, extradition hearings and a lot more money spent. And it probably would not hurt to have an attorney here for just in case as well who has dealt with problems in crossing the border.

This would be my answer if they were not in their 70s. All those warrants and extradition hearings take time, time they might not have. It's kinda like not paying a parking ticket in another state.