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U.S. man fined and guns seized at Osoyoos border

A .25 calibre semi-automatic pistol seized at the Osoyoos border crossing on April 18. Investigation is ongoing by CBSA into the incident where a U.S. resident was seeking entry to Canada. - Submitted Photo
A .25 calibre semi-automatic pistol seized at the Osoyoos border crossing on April 18. Investigation is ongoing by CBSA into the incident where a U.S. resident was seeking entry to Canada.
— image credit: Submitted Photo

Guns and ammunition seized by Canadian Border Services Agency resulted in a forfeiture and fine for a U.S. man headed home to Alaska through Osoyoos.

In a joint submission between Crown counsel and defence, Darryl Failing pleaded guilty to possession of a prohibited/restricted firearm with ammunition. A stay of proceedings was given to other charges of smuggle goods into Canada, false or deceptive statement and unauthorized possession of a firearm charges. The 58-year-old was handed a $2,500 fine and the two revolvers and ammunition seized at the border were forfeited.

Defence counsel John Stowell said Failing was returning home to Alaska on Feb. 16 and told the border service officers that he did not have any firearms. He was referred for a secondary examination where he advised the border agents inside their office that he may have some ammunition in the vehicle. Border guards found a red suitcase in his vehicle which contained two revolvers and ammunition.

"He explained that he had received the firearms from his uncle in New York and he was returning them home," said Stowell.

The CBSA recently released their Spring 2013 border briefs, indicating it has been a busy year so far in the Okanagan and Kootenay District.

During the month of April, border service officers at the port of Osoyoos found of number of items prohibited in Canada in a secondary examination of a U.S. resident's truck and enclosed trailer including a .25 calibre semi-automatic pistol, a set of brass knuckles, two switchblade knives, one large twin-drum magazine, 41 high capacity rifle magazines and 19 high capacity pistol magazines. CBSA said the investigation on this remains ongoing.

On April 4, Jack Arnold Cross was charged after being referred to secondary examination returning from a trip to the United States. CBSA said they found firearm parts for two fully automatic machine guns hidden throughout his motor home. Both guns require import permits that are alleged to have not been obtained. A provincial court appearance has been set for June 19 where the Canadian man will be facing charges of smuggling or attempting to smuggle goods into Canada, making a false or deceptive statement and unlawful import or attempted import of controlled goods.

A detector dog services handler and his canine partner, Jack, conducted a secondary exam on a U.S. resident's vehicle who was seeking entry into Canada to attend a sporting event on Feb. 22. The U.S. resident was referred to the office for collection of applicable duty and taxes on $200 worth of goods. While examining the subject's vehicle, CBSA said Jack indicated on a backpack located in the bed of the subject's pickup truck. They found three grams of marijuana, a lighter and a pipe. The border services officers seized the marijuana and the traveller was allowed into Canada.

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