“The police officers who testified about the search of (Jacobs’) residence testified about observed facts regarding what items were or were not present in (his) residence,” Justices Patricia Rowbotham, Elizabeth Hughes and Dawn Pentelechuk wrote.

“We do not view this evidence as improper opinion evidence requiring an expert opinion and the relevance of this evidence is readily apparent in light of the facts of this case.”

In Canada, handguns are restricted weapons and can only be used at ranges approved by the chief firearms officer. A police corporal who testified at Jacobs’ trial said handgun ownership is usually limited to target shooters and collectors.

Jacobs came onto police radar in 2019 when, after a six-year span in which he did not buy any handguns, he bought $13,000 in pistols, many of them Glocks of the same calibre, some with folding handles. On Oct. 23, 2019,  police observed him pick up three handguns from a store in Edmonton, take them to a townhome and leave without the weapons about 20 minutes later. Jacobs was arrested, along with several people who fled the townhome on foot. A search of the house turned up the three guns bearing fingerprints of two of the residents, none of whom had RPALs.

Police later searched Jacobs’ home and found none of the handguns that were legally supposed to be stored there. Investigators also failed to locate any items one would expect to find in the home of a sport shooter, including targets, cleaning equipment, and ear and eye protection.

At trial, Jacobs said he had merely been showing the handguns to a friend inside the townhome and never intended to resell them. He offered a variety of theories for the absence of the other handguns from his home, including that they had been stolen, that they were hidden, and that police failed to conduct a thorough investigation.

Alberta Court of Justice Justice Rhonda Tibbitt rejected these theories, finding Jacobs’ version of events “had changed over time and his testimony was evasive and inconsistent with his police statements.”

Tibbitt found no reason to require a police investigator who testified about the common signs of a straw buyer to be qualified as an expert witness, and the defence at the time raised no objections.