Quotulatiousness

February 7, 2023

Making Canada’s gun laws more illogical, but appealing to urban Liberal voters, regardless of the political cost elsewhere

Filed under: Bureaucracy, Cancon, Government, Law, Politics, Weapons — Tags: , , — Nicholas @ 05:00

In The Line, Matt Gurney recounts the federal government’s political gyrations over their attempt to ban vast numbers of rifles and shotguns owned by law-abiding Canadians:

Classifying guns is complicated. There are a lot of ways to do it. You can do it by the “action”: is it a pump action? A lever action? Is it semi-automatic, or even fully automatic? You can do it by the length of the total firearm, or the length of just the barrel. You can do it by the caliber of the ammunition. You can do it by the type of magazine the firearm uses, and what its capacity is (the magazine is the compartment, which can be removable or integrated with the firearm, that holds the ammunition). You can try and be targeted with your definitions, or you can just go across the board and say “All rifles are allowed but all handguns are banned.” The point here isn’t to argue what the policy should be, but simply to note that whatever your policy is, you have to be able to define it in a way that makes sense.

Canada’s current gun laws date, more or less, to the 1990s. They’ve been changed a bunch of times since, for better or worse, but that’s when the current overall system of firearms legislation began. We came up with three broad categories of firearm then. There are “non-restricted” firearms, which you must be licensed to own, and mostly mean very typical rifles and shotguns, of which millions of licensed Canadians own many millions. There’s also the “restricted” category, which basically meant handguns — either semi-automatic pistols or revolvers. These require extra licensing, more background checks and training, and are subject to much stricter conditions for storage and use. And then there’s the very rare “prohibited” firearms, which are mostly either very compact handguns, or fully automatic weapons, including machine guns, which were owned by Canadians already when the new laws came in almost 30 years ago. These owners were given a special and highly limited rights to retain the firearms they already owned, but not to transfer them to others, except to someone else with a rare prohibited licence, or to a direct descendent. (That last bit was to cover family heirlooms.)

None of the above is as simple as I’ve just described it. Weird absurdities have been part of the system from the outset. The reason for these absurdities was always political. Back in the 1990s, the Liberals, under then-prime minister Jean Chrétien, realized that the categories above would result in certain kinds of rifle (including the AR-15) being classified as non-restricted, and subject to the least onerous controls. Unhappy with the optics of that, and other similar examples, they wrote in exceptions to the way some firearms are categorized. A firearm would be categorized by its technical specifications unless the government specifically ordered it classified as something else, is probably the easiest way to summarize a complicated policy.

Using the AR-15 again, according to the “evergreen” technical definitions we settled on in the 1990s, that’s a non-restricted gun. To avoid awkward political questions, the then-Liberals deemed it a “restricted” firearm, and therefore subject to tighter controls.

There were other similar examples, and they resulted, as noted above, in a lot of absurdities, with very similar guns categorized differently, but since only a relatively small number of firearms were so specially categorized, the system more or less functioned reasonably well for decades. The absurdities were limited enough to be broadly known and adapted to, and the overall system made enough sense to function coherently enough to do a reasonably good job regulating the sale, ownership and use of firearms in Canada. And very successfully: gun crime by licensed gun owners in Canada is, as is well known, quite rare. The system basically worked, and was working.

[…]

But hey, then politics happened. The sunny ways days ended. Liberal fortunes waned. Scandals and baggage and awkward photos of the PM in his younger days accumulated. And suddenly, the Liberals were talking a lot about banning assault rifles. They talked about it even more after the 2019 election reduced them to a parliamentary minority, leaving them dependent on a cluster of urban and suburban ridings in Quebec and Greater Toronto where support for just about any half-coherent sounding gun-control measure is typically high. The Liberals didn’t do much of anything — mostly just talk, as is their style. Then, in early 2020, there was the horrific massacre in Nova Scotia, and within days, the Liberals announced they were banning 1,500 models of assault rifle. (It was actually far fewer — closer to 20 — but the Liberals counted each different version and brand as an entirely different rifle to get to a more-impressive sounding figure. Those fierce opponents of disinformation at work again!)

Anything even close to meeting a broadly shared definition of “assault rifle” was already banned in Canada, of course — it had been classified “prohibited” back in the 1990s. There’s no universally agreed upon definition of an “assault rifle”, but those who know guns could agree in broad terms what it would mean — and in Canada, they were all banned, and had been for decades. So the Liberals, keen to have their lookin’-tough-and-bold moment, started talking about “assault-style” rifles.

Appending “-style” to anything is a gigantic red flag for bullshit, as I’ve noted here before. That somehow failed to deter them, alas, setting the stage for their current woes.

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