Hi David~I have a question for you~I had my car searched as a "Nexus Compliance requirement" by Homeland Security.
In the glovebox the Canadian officer found a 3 inch Domestic Dog Repellant-made in Canada. Please see attachment pictures...
The officer told me I had a weapon-she then gave it back to me???? Doesn't this qualify me to have my card re-instated, as having the "WEAPON" returned to me????? ( I DON'T BELIEVE IT SHOULD HAVE BEEN RETURNED to me if the issue was so important!!!)
Then a couple of days later, they cancelled my NEXUS card.
Can you please respond to this issue for me.
Thanking you for your expertise, always
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-------------------------------------------------------------------david ingram replies:There is no doubt that your cannister was illegal in Canada and I do not understand why it was returned.The law clearly states that dog or bear spray is only legal if in a 225 ml or larger container. This is to stop its being concealed in the palm of your hand.Read on— Prohibited Weapons Order, No. 8, made by Order in Council P.C. 1979-2141 of August 9, 1979.
The Criminal Code itself includes switchblades and flick knives in the definition of "prohibited weapon" in subsection 84(1). Prohibited weapons can be possessed only by specially licensed businesses, such as those that supply movie productions with a variety of weapons for use in filming or those that supply police with items such as pepper spray.
The only substantive change which is being made to the prohibited weapons class involves pepper spray. Prohibited Weapons Order, No. 1 currently covers devices designed to incapacitate people. This has led to uncertainty in enforcement where devices are marketed as being intended as animal repellents, such as for the control of dogs in urban settings or bears in wilderness areas. The redrafted item — part 3, item 2 — makes it clear that any device that is capable of being used to incapacitate people is a prohibited weapon if it involves tear gas, mace or pepper spray. An exception is made for devices involving pepper spray if they are designed for the control of wild animals, such as bears, and have a capacity of 225 grams or 225 millilitres or more.Smaller pepper spray devices, which are intended for use against people and which come in canisters that are easily concealable, will be clearly prohibited, as it is these devices that pose the major risk of criminal use and the most risk to public safety. Large "bear spray" devices, which have a legitimate use, will be clearly exempted.
The picture you showed is clearly too small and prohibited in Canada because it is too small. Why the Caandian guard gave it back to you to return to the US is beyond me. Maybe she phoned ahead and was hoping there was a more severe penalty in the US.
However, your unit is is clearly legal in every state in the USA.
There do not seem to be any restrictions in Washington State. And the size issue is interesting.
Wisconsin with a population of 5,500,000 will only allow you to have a canister which is between 15 and 60 ml.. Michigan with a poplation of 10,000,000says nothing bigger than 35 grams.
New York State, with a population of 19,000,000, will only allow you to buy it from a Licenced Firearms dealer or pharmacist but has no size restrictions and Massachusetts with a population of 6,400,000 will only allow purchase from a licenced firearms dealer.
With no rules in the other states, any size would seem to be legal.
No wonder we are all confused.
I have not had a chance to talk to anyone at NEXUS. However, I am throwing this out to the newsletter group which has both US and Canadian border people as members to see if anyone wants to offer an opinion and in particular to see if anyone knows of an appeal process.
And this is a warning to anyone else who has bear spray or dog repellent in their car or luggage. For the time being, it would seem to be a good idea to leave it at home if crossing a border. In this case the dog repellent has been in the lady's glove compartment (when she is not jogging) for at least seven years and she crosses the border 4 or 5 times a week.
What is that - 52 x's 4 = 208 times a year x 7 years is 1400 times across the border without a problem.
Another recent client was turned back from the US after about 150 times across the border and I am talking about multi-million dollars of Canadian Investment. That's a real border out there.
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David Ingram wrote:
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It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when i am out of town.
However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. As an example, as I write this on June 28th, since June 16th (12 days), my 'spammed out' box has 7,118 unread messages, my deleted box has 2630 I have actually looked at and deleted and I have answerd 63 email questions I have answered for clients and strangers. I have also put aside 446 messages that I am maybe going to try and answer because they look interesting.
Therefore, if an email is not answered in 24 to 36 hours, it is lost in space. You can try and resend it but if important, you will have to phone to make an appointment. Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321
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Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada.
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no rental
$1,200 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
$1,500 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits no move in or out
$1,600 would be for two people with income from two countries
$2,800 would be all of the above and you moved in and out of the country.
This is just a guideline for US / Canadian returns
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely $450
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to $100.00 each.
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
Capital gains *sales) are likely $50.00 for the first and $20.00 each after that.
Just a guideline not etched in stone.
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax Immigration Wizard Antarctica Rwanda Guru Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention
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