City gun shops mount challenge of ban on ‘military-style’ firearms
The federal Liberal government’s sweeping ban of “military-style” assault weapons announced May 1 violates the Constitution, a court challenge by two Calgary gun shops says.
A notice of motion filed by the Shooting Edge Inc. and Sterling Arms International Inc. alleges Prime Minister Justin Trudeau’s government violated the law when it introduced a ban on more than 1,500 firearms.
Trudeau announced at the beginning of the month the government was keeping an election promise by reclassifying the guns as prohibited without the need for legislation in Parliament.
The prime minister announced a two-year amnesty period for current owners of such weapons.
But the court challenge says the section of the Criminal Code used to reclassify the weapons is not intended for such use and therefore is unlawful.
“The purpose of (that section) is not intended to permit the Governor in Council by decree and immune from Parliamentary oversight, to fulfil election promises on gun control,” says the claim, filed by Calgary lawyers Greg Dunn, Brendan Miller and Caitlin Taylor.
“Wide sweeping reclassifications of large numbers of firearms ... lies outside the legislative purpose of s.117.15 of the Criminal Code.”
The claim also says the ban is in violation of property rights under the Canadian Bill of Rights “by prohibiting the use of validly acquired property without due process of law.”
The claim seeks an interim injunction preventing the regulation from having any force or effect in Alberta until the court challenge can be fully heard.
No date for a hearing has been set.