Article

Firearm Legal Defence – Vancouver, British Columbia, June 15, 2024

June 19, 2024 3:58 pm

Successful Firearm Prohibition Challenge

Firearm Legal Defence has successfully challenged a firearm prohibition application in Vancouver, British Columbia. An application for a prohibition order is made by law enforcement personnel to a provincial court to prohibit a legal gun owner from possessing any firearm or related item. An investigative approach to the incident discovered pertinent information which was applied to the law and the case was won on merit.

The Insured is a licensed gun owner and holds a Firearm Legal Defence policy. FLD directly covered approximately $40,000 in legal expenses, demonstrating the value of its legal expense insurance for gun owners.

The Incident. The Insured called police for assistance to prevent a potential home invasion, but the perpetrators fled before police arrived. Since the Insured had opened his gun safe, ready to defend himself against this potential home invasion, police, upon arrival, interrogated the Insured, leading to his arrest under the Mental Health Act and thereafter conducted a thorough search of his apartment without a warrant. The Insured was taken to hospital, found mentally sound, and released within two hours.

Despite finding no illegal activity or grounds for criminal charges, the police seized the Insured’s firearms and ammunition and applied for a prohibition order under Section 117.04 of the Criminal Code. The Insured subsequently activated his Firearm Legal Defence policy. Ed Burlew, a Canadian lawyer specializing in firearm law and a panel lawyer for Firearm Legal Defence led the defence, collaborating with local lawyer, Mr. Michael Klein.

An Initial trial date was set and attended, but the case required adjournment. Following negotiations and exposure of police inconsistencies, the Crown Prosecutor withdrew the prohibition application only a week before the resumed trial.

The outcome of this case was a victory for the Insured and his firearms and license were returned. This case underscores the importance of due process and the protection of lawful gun owners’ rights in Canada. It also highlights Firearm Legal Defence’s commitment to defending the legal rights of gun owners, providing crucial support through experienced legal representation.

About Firearm Legal Defence

Firearm Legal Defence offers legal expense insurance for Canadian gun owners, covering all provinces and territories. Membership provides:

  • Legal Costs Coverage: Full payment of defence costs.
  • Professional Legal Access: Connection to experienced lawyers like Ed Burlew.
  • Support Services: Free legal help line and comprehensive legal support.

This case illustrates the critical support provided by Firearm Legal Defence in protecting the legal rights of gun owners, ensuring fair treatment under the law, and maintaining access to legal recourse.