Canada's National Firearms Association - NFA, National Firearms ...

Legal
Corner
By Grayson Penney
by Sean & Grayson Penney
Legal Update
& R. v. Manzer
Canada’s National Firearms Association
continues to pursue a very aggressive
legal agenda aimed at protecting and
preserving our rights as responsible
firearms owners. In addition to one-onone
legal advice, briefing papers and
related aid we provide, at no charge,
to members of Canada’s recreational
firearms community (you don’t have to
be a member!), we are actively engaged
in three important legal challenges at the
present moment.
Mini-update:
R. v. Cancade
Issue of concern: Are individual parts of magazines
considered to be prohibited weapons, as some
government agencies have contended?
Status: Heard by BC Court of Appeal, awaiting
decision.
Norinco Type 97A Reference Hearing –
Issues of concern: May the RCMP arbitrarily
reclassify and prohibit firearms on their own
authority? Should the Type-97A be prohibited
on the basis of the RCMP’s contention that it is
“easily converted to fully automatic?” Who or
what has the authority to establish when such
a conversion meets an acceptable definition or
standard of “easy conversion” given the highly
subjective nature of the debate.
Status: In process - hearing scheduled February
2011. (Donations can be made on-line at www.nfa.
ca or phone, toll free: 1-877-818-0393)
R. v. Manzer
Issue of concern: Manzer charged under CCC,
s. 88 (1) Possession of Weapon for Dangerous
Purpose.
Was Manzer properly exercising his right to selfdefence
and defence of property as laid out in
the CCC? Is it reasonable for a citizen to confront
potential criminals while armed?
Status: Hearing scheduled in Burton, New
Brunswick on June 28th & 29th. Please see below
for more details.
46 January - February www.nfa.ca
Self Defence & the Case of
Lawrence Manzer
Meet Lawrence, “Laurie” Manzer. Laurie is a retired
member of the Canadian Forces, a loving husband and
doting father of four -- three boys and one girl. If his
local police have their way, he’ll also be a convicted
criminal very soon. Laurie is in legal hot water for
doing what any reasonable person would do when
confronted in the middle of the night by roving thugs,
and a call for immediate help from a neighbour and
friend. Laurie jumped out of bed and went to help.
For his own protection, Laurie took an unloaded
shotgun with him and some shells in case they were
needed; fortunately, they weren’t. As a retired member
of the Canadian Forces and a recreational shooter
and hunter, Laurie understands how to use firearms
responsibly. He was specifically trained to safely use
firearms, even under the most adverse of conditions,
and in high-stress environments. Confronting three
unknown prowlers in the dark would certainly qualify
in that respect.
As it turned out, Laurie never even had to load
his shotgun. Brian Fox, Fox’s son and Laurie were
successful in apprehending the three miscreants in
short order. The latter turned out to be a trio of area
youths who were feeling the liquor they had been
consuming that evening, and who were looking to see
what trouble they could get into.
No shots were fired in the apprehension of the vandals,
and no injuries resulted from the actions of either
Manzer or Fox. Local police arrived shortly thereafter
to take the erstwhile prowlers into custody. But the
vandals weren’t the ones in real trouble – instead,
Laurie Manzer found himself facing charges relating
to his carrying a firearm with him when he went to the
aid of his neighbour.
Without reservation, Canada’s National Firearms
Association firmly supports every Canadian’s legal
right to self-defence.
Laurie’s actions, that dark night last year, were wholly
justified in our estimation. Laurie was correct in the
assumptions he made, he took reasonable safety
precautions that were in the best interests of the public
good, and from our perspective, offered a wholly
proportional level of force in relation to the perceived
threat posed by the miscreants involved.
Rather than being treated as a criminal, and being
forced to defend himself against such outrageous
charges, having his reputation damaged, and now
facing potential financial ruin in order to pay for his
legal defence -- Laurie Manzer should have been
lauded by the police for his courageous actions in
standing by his neighbours, and for assuming an active
role in ending the wave of property crimes, thefts and
vandalism that had been wracking his community.
Lawrence Manzer while still on active duty with the
Canadian Forces.
Local police and the Crown attorney need only to have
looked to Peel’s Principles of Policing for guidance in
the Manzer case. As Peel wrote:
“Police, at all times, should maintain a relationship
with the public that gives reality to the historic
tradition that the police are the public and the public
are the police; the police being only members of the
public who are paid to give full-time attention to duties
which are incumbent on every citizen in the interests
of community welfare and existence.”
Laurie merely did what each of us not only has a
right to do, but that which we have an obligation to
do as responsible citizens. He accepted the awesome
responsibility of protecting himself, his family and his
property; while offering the same aid to his friend and
neighbour Brian Fox.
Despite past requests for police help, Manzer and
Fox were left with few options in the face of the
local police being unable or unwilling to take more
proactive measures to end the mini-crime wave being
perpetrated against the pair that night, and in the
months preceding the incident in question. Left with
no other option, Laurie accepted the risks inherent in
facing the unknown so that he could protect his home
and family.
Unbelievably, Laurie is currently scheduled to appear
at the Burton Courthouse this June 28th & 29th
to answer the charges. His lawyer is already hard
at work prepping for the trial, but his legal bills are
accumulating quickly. Laurie is one of the good guys
and he can certainly use our support. If you can
afford to help this good citizen defend himself, and
prevent a gross miscarriage of justice, please send
your donations in trust to Laurie’s legal counsel made
payable to:
“Lawrence Manzer - In Trust of Blair McKay”
c/o Mr. Blair McKay, Attorney-at-Law,
291 Restigouche Road, Oromocto,
New Brunswick, Canada E2V 2H2
www.nfa.ca January - February 47