Liberal ‘Grandfathering’ Is Concealed Confiscation: Rick Hemmingson

TheGunBlog.ca — The Liberal Party of Canada uses the term “grandfathering” to conceal the reality of their instant gun prohibitions, according to from Rick Hemmingson, a lawyer swith Hemmingson Law in Lacombe, Alberta.

Hemmingson e-mailed TheGunBlog.ca yesterday evening in response to our report: Liberals Plan ‘Grandfathering’ Under Bans: Minister of Justice.

An early version of the article equated “grandfathering” with “confiscation upon death.”

Hemmingson’s comments led us to revise the report.

We are publishing his e-mail below with his permission. TheGunBlog.ca added headings and additional paragraph breaks.


Liberal ‘Grandfathering’ Is Concealed Confiscation

By Rick Hemmingson

A law that restricts my ability to enjoy and use my guns to nothing more than being a storage facility until I die is not “confiscation upon death.”

It is confiscation.

A gun that must stay in my safe is worth nothing. A gun that cannot be used has been turned into an ornament. An ornament is not a grandfathered gun; it is an ornament.

Not Just Semantics

Confiscation is not just about semantics. We must look to the effect; not just the words used.

It is about whether the government has taken away my right to use, enjoy, sell, not sell my property, as I see fit. That is what I had. That is what has been taken … not later. Not when I die.

It was taken NOW!

Restaurant Example

Grandfathering is typically used in a rezoning situation, for instance. If I am operating a restaurant at 101 Street and my property is rezoned to allow only a cannabis store to be built or operated at 101 Street, I can still continue to operate my restaurant because it is “grandfathered.” I can also sell my operating restaurant to someone else because that use is grandfathered. My restaurant continues to have value and I continue to do what I expected when I spent the money to build it. I am not, for instance, allowed to “grandfather” my restaurant but only if I don’t serve food!

Liberal ‘Grandfathering’ Is a Lie

Words matter. These words are a lie.

Our guns have been confiscated.

Charge for Storage

In fact, it would make more sense for gun owners to charge the federal government storage charges for keeping securely stored indefinitely the guns it has confiscated.

The value of these guns is gone because they cannot be sold.

We have been left with nothing other than the legal (criminal) obligation to provide free storage until death or to surrender them immediately.

When something is grandfathered, the status quo remains for those who lawfully owned and used a certain property.

Gun Owners Aren’t ‘Grandfathered’

Nothing has been grandfathered here simply because the government will delay marching in and taking, then destroying, my property until I die, but it is sterilized until then.

We must reject their term because it is false.

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Correction July 23: Corrects name and location of law firm in first paragraph.