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Welland Canda check welland tribune sat. edition

Discussion in 'Off Topic Threads' started by dougp, Jan 4, 2013.

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  1. dougp

    dougp TS Member

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    Folks go on Google Canada. and bring up Welland Tribune Saturday editon jsut read this tonite . See what this poor guy went through dealing with protecting himself and his property and what he had to deal with in regard to storage of fire arms and ammo in Canada This guy waS a firearms instructor and seE what the police court system put him though , Gun owners in Canada donated money to assist in his defense because of the over zealous cops and court system After tweo years of hell he was acquitted and now hopes he gets his guns back if the case is not appealed . Could happen to you , Beware

    Doug
     
  2. Joe Potosky

    Joe Potosky Well-Known Member

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    Ian Thomson acquitted after shooting at his attackers

    It took two and a half years, but Port Colborne, Ont., resident Ian Thomson is finally done defending himself. First he fought the men who tried to murder him. Then, his own government.

    Mr. Thomson had long been involved in an increasingly angry property dispute with his neighbour. Early one August morning in 2010, four masked men shouting death threats began hurling firebombs at Mr. Thomson’s home. One of his pet dogs was injured; several fires in and around his home were set.

    Mr. Thomson, an experienced firearms instructor, called 911 immediately. He also armed himself with a .38 calibre revolver, stepped outside his home and fired three shots — one into his lawn, and two into a stand of trees. His attackers fled, and were later arrested. All four pleaded guilty to arson and disregard for human life, and were sentenced to between two and three years in prison.

    So ended the first threat against Mr. Thomson. The next began immediately thereafter.

    Mr. Thomson was charged with four crimes: careless use of a firearm, pointing a firearm and two charges of careless storage of a firearm, one for each of the pistols he had removed from his gun safe (the second, a 9mm pistol, was never fired during the incident). The first two charges were dropped — it’s hard to imagine a more cut-and-dry case of lawful self defence than firing on men trying to burn down your home while you’re inside it. But the Crown insisted on pursuing the charges of careless storage.

    On Friday, an Ontario judge acquitted Mr. Thomson of both those charges.

    The Crown had pursued two avenues of prosecution. First, it contended that Mr. Thomson kept at least one of his guns in his bedside table, not in a legally mandated secure locking container. As evidence, they pointed to the fact that when police arrived, they found the guns in his bedroom, as well as a box of ammunition in the bedside table.

    Nonsense. The guns were out because he’d just been fighting for his life. And a box of ammunition in his bedside table is proof only that Mr. Thomson kept a box of ammunition in his bedside table. If we accepted the Crown’s logic, I would apparently be in the habit of parking my car in my bedroom because I drop my car key onto a shelf there every evening.

    The judge found that video surveillance captured by Mr. Thomson’s security cameras offered convincing evidence that Mr. Thomson did not have easy and immediate access to his firearms. There was a gap of a minute between the attack beginning and Mr. Thomson opening fire — time during which Mr. Thomson claimed he was opening his gun safe to arm himself. The judge accepted this.

    But the Crown had also tried a novel argument — they contended that Mr. Thomson was guilty of unsafe storage because his ammunition was not stored in a securely locked container.

    Canadian law notes that, “Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.” (Emphasis mine.) But there are no further references to what would constitute careless storage of ammunition — one reason Canadian gun owners have long complained that the Firearms Act is a poorly written mess.

    The law specifies that firearms must not be readily accessible to ammunition, but also notes that firearms and ammunition can be stored in the same locked container. OK, then. And no definition of “readily accessible” is provided, either.

    The judge ultimately ruled that the exact details of where or how the ammunition was stored did not matter. It only mattered that a loaded firearm not be readily accessible at any time, and since Mr. Thomson’s guns were stored in a locked container, that was the case. The judge rejected the Crown’s suggestion that Mr. Thomson’s bedroom was too close to his guns, noting the law says nothing about proximity of firearms and ammunition. Having rejected both of the Crown’s arguments, the judge acquitted Mr. Thomson.

    There’s all kinds of good news here. First and foremost, Mr. Thomson did nothing wrong and should never have been charged in the first place. But an acquittal on all counts will have to do. Second, there is further clarification of Canada’s sloppy gun laws, and a reasonable one, at that.

    And best of all, a message has been sent to overreaching Crown attorneys. Canadians have the right to use firearms to defend themselves and their homes. Mr. Thomson’s victory will hopefully spare the next Canadian who defends themselves with a lawfully owned firearm the expense and ordeal of a long legal battle against their own government


    http://fullcomment.nationalpost.com/2013/01/04/matt-gurney-after-two-years-judge-acquits-man-who-defended-himself-with-a-gun/
     
  3. Ed C

    Ed C Active Member

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    See link to youtube footage of the attack (actual footage from Mr Thompson's security cameras). Be advised there is some foul language. The three charming young fellows shown are believed to have been hired by a neighbour as a result over a long term dispute about chickens... that's right chickens. Ian Thompson responded to this attack by going out on his own front porch with two handguns and firing only warning shots (the three thugs vamoosed at this point). I can only hope I'd have the same cool head and restraint Ian did in this situation. The Crown Attorney threw the book at Ian, but the only charges that made it all the way to a trial and verdict were the safe storage charges. Unless I'm very much mistaken, the crime bill passed in Canada last year imposed a minimum sentence of 2 years for any criminal code offense involving a firearm (and yes safe storage violations count). The point of all this? The three bad guys got 2-3 years each, by my math Ian was looking at 4 years.

    It's very good news that Ian was acquitted, but here's the real head scratcher: The Crown has already stated their intent to appeal. If that happens Ian will be on the hook for still more legal fees for the defense and the taxpayers will be on the hook for the prosecution. Unless I'm mistaken, legal fees are not recoverable in Canada.
     
  4. trapperwads

    trapperwads Well-Known Member

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    If Mr. Thompson was acquitted...he needs to get the best pro-gun attorney available and bring suit against any and all the city, town, province, officers anyone he can for the largest settlement possible, win or lose. Someone once said the best defense is a good OFFENSE. We have been complacent too long and look what its got us. These people need to know that there are consequences for screwing with our rights. ed nichols
     
  5. crusha

    crusha TS Member

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    ...and this is the kind of selective prosecution we put ourselves in for, if we accept some kind of "safe storage" law as a result of the CT shooting.


    Just saying.
     
  6. Ed C

    Ed C Active Member

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    The thing about this one for me is: what the heck could Ian have done better here? He even has video of the guys red handed. With how aggressive the crown was to get him on something, I have to think that in the absence of the video tape there could have been assault charges, attempted murder, you name it.
     
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