Gun law ‘difficult, confusing’

March 1st, 2012


Gun law ‘difficult, confusing’
http://www.canoe.ca/EdmontonNews/es.es-01-14-0007.html

By KEITH BRADFORD, EDMONTON SUN

Edmonton police backtracked on plans to charge former sergeant-at-arms Oscar Lacombe under new firearms legislation yesterday, calling the law “difficult and confusing.”

The 74-year-old was interviewed by investigators at downtown police headquarters around 4 p.m., but was released minutes later without charge.

Police spokesman Wes Bellmore said investigators will now defer a decision on whether to lay charges to provincial Crown prosecutors.

“The overall implementation of this law is difficult, it is confusing,” said Bellmore. “And police right across the country will find out that laying these charges (is) difficult.”

Lacombe led an anti-gun-registry protest outside the Alberta Legislature on New Year’s Day, carrying what he described as an unregistered rifle. He was later stopped by police and had his gun confiscated, but was not arrested or charged.

On Friday, police told Lacombe they intended to charge him yesterday under Criminal Code Section 92 (1). Because Section 92 was amended Jan. 1 to include unregistered firearms, Lacombe’s lawyer Richard Fritze said it would “effectively” be the first charge laid in Canada under new legislation.

Instead, police released Lacombe and said it could be “weeks or months” before a final decision is made about whether to lay charges.

“They asked (Lacombe) a few questions, but he declined to make a statement,” said Fritze. “He wants to be charged, but it doesn’t necessarily mean he wants to be convicted.”

Bruce Hutton, a founder of the Law-Abiding Unregistered Firearms Association, said he doesn’t blame police for declining to lay charges.

“I don’t think there’s any doubt that the Edmonton police were telephoned (by prosecutors) and told not to lay any charges,” said Hutton. “I don’t envy the police. They are damned if they do, damned if they don’t.”

Bellmore said investigators had “absolutely not” been in contact with Crown prosecutors or been subject to political pressure.

The province has already said it won’t prosecute charges under the new Firearms Act. But Fritze said the case could still be referred to federal prosecutors.

After being interviewed by police yesterday, Lacombe said “I’m feeling great,” but declined further comment.