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One of the most important reasons that statists hate to have citizens with guns is that it makes a clear limits to state power.
1 posted on 02/24/2012 8:53:22 AM PST by marktwain
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To: marktwain

Is ownoing a gun a privilege or a right in canada?

The Criminal Code of Canada allows self defence as a “right”.

And the use of deadly force is a “right” of self defence, if warranted by the situation.

Self Defense and the Canadian Criminal Code:
Below is how self defense is defined by the Canadian Criminal Code:

Defense of Person

Self-Defence Against Unprovoked Assault
... / Extent of justification.

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm. [R.S. c.C-34, s.34.]
Self-Defence In Case Of Aggression.

35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose. [R.S. c.C-34, s.35.]
Provocation.

36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures. [R.S. c.C-34, s.36.]

Preventing Assault
... / Extent of justification.

37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent. [R.S. c.C-34, s.37.]

Reference: Departartment of Justice Canada: Criminal Code

Its about time the gun grabbers of canada were put in their place and shut up for good.


2 posted on 02/24/2012 9:49:27 AM PST by Candor7 (Obama fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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