2 Men arrested with Replica Handguns COBOURG

[Tinted]

why would they take their guns away and destroy them? thats silly if you ask me. I'd take the PD to court for destroying my property. i wonder if they had replica ninja swords if the same would happen?

Good luck with that.

"Hey, you guys took my replica guns but didn't charge me, so I want them back or else"

"Ok, you got us. Rather that face a court battle for confiscating property, we've decided to charge you with Mischief, Causing a Disturbance, and Possession of Prohibited Device. On top of that, we'll throw in Tresspass by Night. Is that better?"

And if you were caught running around with a fucking Ninja sword, you can bet you'd be charged, notwithstanding the confiscation of your dangerous weapon.

[Tankdude]

can't fix stupid

[teddybear]

my friend's window got shot out by punks with bb guns or the pellet guns u get at lebaron (the co2 powered ones).... i told them to call the cops, and file a report. middle of the ntie, n they were driving around.... n they were just shooting at random houses.

[Tinted]

Originally Posted by MadMorbius

"Ok, you got us. Rather that face a court battle for confiscating property, we've decided to charge you with Mischief, Causing a Disturbance, and Possession of Prohibited Device. On top of that, we'll throw in Tresspass by Night. Is that better?"

you cant be charged with any of that after the fact. they got your property, you take them to court for it. i know i would. an airsoft gun, a baseball bat, to a damn replica ninja sword.

[Greylocks]

That would go down well in front of the Judge; "Your Honour, I want the gun/sword/weapon I used carelessly in a crime/infraction back because I'm now a good boy?"

Some folks would benefit from going to sit as an observer in a criminal court to get a reality check.

[Lawdog]

Originally Posted by Tinted

you cant be charged with any of that after the fact. they got your property, you take them to court for it. i know i would. an airsoft gun, a baseball bat, to a damn replica ninja sword.

Actually you can be charged with all that "after the fact." You should ask for a refund on your legal courses.

The cost of bringing an application to get your property returned would grossly outstrip the value of the item. You're also likely not to get it.

If you try to get the return of your items you may actually force the police to charge you with something to make the process easier for them.

One of the great lessons in life is learning to pick your battles carefully.

LD

[Tinted]

Perhaps none of you guys have been involved in something like this where your property gets confiscated unlawfully. As long as you are not doing anything illegal with it they can not take it away from you. I’ve had things confiscated from me on number of occasions and I’ve got them back successfully every time with or without court's assistance.

As far as that news article explains those guys didn’t commit any crimes or illegal acts using the replicas. Running around and between houses with a plastic gun is not a crime. Trespassing is a chargeable offence, but not having a plastic gun in your hand. They were dumb for doing that but maybe they were just running up and down the street shooting each other. Bad judgment - yes! Illegal - not in any way. Did they shoot anyone or point it at anyone? Doesn’t appear to be that way.

So I guess next time im having a sword fight with my son on my drive way using our plastic replica ninja swords I hope no one calls the police and my swords get taken away.

Not sure why everyone is so scared of the law on this site? The law is there to protect you, your rights and your property. Not to put you away for something you did not commit or b/c you might appear to be a 'bad person'.

That would go down well in front of the Judge; "Your Honour, I want the gun/sword/weapon I used carelessly in a crime/infraction back because I'm now a good boy?"

Which crime exactly did they commit using those guns? They tresspassed at most, which has nothing to do with them having those guns, so they did not use any weapon carelessly, as you said, in their crime of tresspassng.

Please, forget whatever a cop tells you regarding air soft weapons. Cop is not the law nor is he the judge. Cop is there to charge you with anything he or she possibly can, but as long as you do not point your air soft at that cop or anyone else the charge will not stick and you have the right to get your property back.

Does talking on your cell phone about drugs make you a drug dealer? You'd be surprized but to a cop it does.

[techobo]

Originally Posted by Tinted

Which crime exactly did they commit using those guns?

88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

[frankiet]

Originally Posted by techobo

88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

Although I agree these guys were absolute tools, I think that you're stretching it. It's arguable that these guys were danger to public peace. Unless they were actually pointing it at each other or the public, they are no danger. They were not committing an offence either. Trespassing would be a stretch, and unless they were told to leave that property, it probably wouldn't stand.

This is probably why they weren't charged. Don't get me wrong, they deserve to get thrown in the clink for stupidity, and are lucky they aren't dead. But let's not go too far and say that they are criminals.

I think the police could have charged them with what you stated, but remember, it would not be worth a prosecuters time to try to prove it. It's really not clear cut enough to warrant the time.

[Tinted]

thank you!

[Brian McIlmoyle]

The choice not to charge rested with the police ... they could have charged them with any number of offenses....

but chose not to.. thinking that a warning.. and a loss of their property would likely be a better deterent than anything.

[Affliction]

Originally Posted by frankiet

Although I agree these guys were absolute tools, I think that you're stretching it. It's arguable that these guys were danger to public peace. Unless they were actually pointing it at each other or the public, they are no danger.

Hardly.

Carrying a replica weapon in public is quite a danger to the public peace. Replica firearms and real firearms are (nearly) indistinguishable with real firearms from a distance. A neighbor obviously felt threatened enough to give the local authorities a call.

-VM