Firearms

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General Principles

See also: Definition of Weapons

Firearms are a type of weapon. They are designed to kill or wound and so are less likely to have legitimate purposes. Thus, unlike knives and clubs which do have more varied purposes, firearms are always considered weapons.[1]

2. In this Act,
...
“Firearm” means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;


CCC

Further definitions — firearms
2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).
2009, c. 22, s. 1.


A firearm can include many types of barreled weapons. It is not significant whether there is ammunition available.[2]

All firearms are weapons regardless of the intention of the holder.[3]

A BB gun may not be a firearm only unless it has been established that it is "capable of causing serious bodily harm or death".[4] It may be a weapon where it is "used or intended to be used for a dangerous purpose".[5]

A paint-gun has be considered a "firearm".[6]

Generally speaking, firearms can be classified into two types:

  • Long Guns (rifles, carbines, and shotguns) and
  • Handguns (revolvers, pistols)

A handgun is defined under s. 84(1):

84
...
“handgun” means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands;
...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45, c. 27, s. 18.


CCC

  1. R v Felawka, 1993 CanLII 36 (SCC), [1993] 4 SCR 199 (“A firearm is expressly designed to kill or wound. It operates with deadly efficiency in carrying out the object of its design...A firearm is quite different from an object such as a carving knife or an ice pick which will normally be used for legitimate purposes. A firearm, however, is always a weapon. No matter what the intention may be of the person carrying a gun, the firearm itself presents the ultimate threat of death to those in its presence.”) See also: R v Formosa (1993), 79 CCC (3d) 95(*no link)
  2. R v Covin, 1983 CanLII 151, [1983] 1 SCR 725 at p. 728
    R v Cheetham, (1980), 53 CCC (2d) 109(*no link) - unloaded rifle was a firearm
  3. R v Felawka ("A firearm, however, is always a weapon. No matter what the intention may be of the person carrying a gun, the firearm itself presents the ultimate threat of death to those in its presence.")
  4. R v Seyed-Nabian, 2008 ABPC 219 (CanLII) at paras 30 to 35
    R v James, 2011 ONCJ 125 (CanLII)
  5. Labrecque, 2011 ONCA 360 (CanLII)
  6. R.H.S., 2007 ONCA 311 (CanLII)

Firearm Action

The "action" of the firearm refers to the speed at which the firearm can fire.

Firearms can have:

  • Single vs. Double Action (revolvers)
  • Pump action (Shotguns)
  • Break action (Shotguns)
  • Lever action (Shotguns, Rifles)
  • Bolt action (Rifles)

Section 84(1) states:

“automatic firearm” means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger;


CCC

Section 1 of the Regulations, SOR/98 98-462 462 states:

“Semi-Automatic Automatic”: a firearm that is equipped with a mechanism that, following the discharge of the cartridge, automatically operates to complete any part of the reloading cycle necessary to prepare for the discharge of the next cartridge


Certain weapons can be adapted to be both semi-automatic and fully automatic.

Inoperable Firearms

An inoperable firearm will be a "Firearm" within the meaning of s.2, if it is capable of being made operable. The Crown holds the burden of establishing that an inoperable firearm is capable of operation through fixing or assembling.[1]

An inoperable weapon otherwise fitting the definition of firearm can be a firearm if it can be fixed into operating order in a relatively short period of time and with relative ease.[2] Likewise, if there is at least some evidence indicating or inferring that the alleged firearm, because of a defect or inadequacy, is incapable of being fired, then it is not a firearm.[3]

A firearm does not cease to meet the definition merely by being in a state of disrepair or disassembly such that it can be easily repaired.[4]

An air gun will generally be classified as a firearm.[5]

However, an inoperable air pistol is not a firearm as it is incapable of causing serious bodily harm.[6]

The use of an inoperable firearm during the commission of an offence such as during a robbery may still be a "firearm".[7]

  1. R v Dufour (1982), 3 CCC (3d) 14, [1982] NSJ No. 549 (NSCA)(*no link)
  2. R v Sinclair, 2005 ABCA 443 (CanLII)
    R v Covin, [1983] 1 SCR 725, 1983 CanLII 151 (SCC)
    R v Dufour
    R v Belair, 1981 CanLII 1625 (ON CA), (1981), 24 C.R. (3d) 133, [1981] O.J. No. 3129 (Ont. C.A.)
  3. R v Marchesani, 1969 CanLII 264 (ON SC), [1970] 1 CCC 350 (O.H.C.)
  4. R v Cairns (1962), 39 C.R. 154, [1962] BCJ No. 87 (BCCA)(*no link)
  5. R v Dunn, 2013 ONCA 539 (CanLII), upheld at 2014 SCC 69 (CanLII) overturning R v McManus and R v Labrecque
    R v Felawka, [1993] 4 SCR 199, 1993 CanLII 36 (SCC) at paras 11 to 14
  6. Covin
  7. R v Belair

Make-shift Firearms

Whether something can be adapted for use as a firearm depends on the amount, nature and time spent adapting the device.[1]

Certain devices such as pellet guns can be found to be a firearm where it is "used or intended to be used for a dangerous purpose".[2]

  1. R v Covin, [1983] 1 SCR 725, 1983 CanLII 151 (SCC)
  2. R v Labrecque, 2010 ONSC 754 (CanLII) appeal denied at 2011 ONCA 360 (CanLII)
    see also R v McManus, 2006 CanLII 26568 (ON CA), [2006] O.J. No. 3175 (C.A.)
    Contra: Covin, supra

Imitation Firearms

An "imitation firearm" refers to "any thing that imitates a firearm, and includes a replica firearm;" (s. 84)

An object that is found to "resemble" a firearm will be an "imitation firearm".[1]

A real firearm is also a form of imitation firearm.[2]

A starting pistol is an "imitation firearm".[3]

A "prohibited device" refers to "(e) a replica firearm;"(s. 84)

A "replica firearm" refers to "any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;" (84)

  1. R v Taing, 1998 ABCA 108 (CanLII), [1998] A.J. No. 377 (Alta. C.A.) ("On the evidence, the only conclusion open to the trial judge was a finding that it resembled a firearm. To resemble something is to be an imitation of it.")
  2. R v Scott, 2000 BCCA 220 (CanLII), (2000), 145 CCC (3d) 52 (BCCA), affd 2001 SCC 73 (CanLII), [2001] 3 SCR 425 (S.C.C.), at para 45 ("Therefore, to avoid absurdities in firearms cases, and interpret s. 85(2) in harmony with the intention of Parliament, the term “imitation firearm” must include real firearms")
  3. R v Boutilier, [1974] 4 W.W.R. 443

Antique Firearms

84.
...
“antique firearm” means

(a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or
(b) any firearm that is prescribed to be an antique firearm;

...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2.


CCC

The Regulations Prescribing Antique Firearms, SOR/98-464, that came into force on December 1, 1998, further defines antique firearm as follows:

BLACK POWDER REPRODUCTIONS

1. A reproduction of a flintlock, wheel-lock or matchlock firearm, other than a handgun, manufactured after 1897.

RIFLES

2. A rifle manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
3. A rifle manufactured before 1898 that is capable of discharging centre-fire cartridges, whether with a smooth or rifled bore, having a bore diameter of 8.3 mm or greater, measured from land to land in the case of a rifled bore, with the exception of a repeating firearm fed by any type of cartridge magazine.

SHOTGUNS

4. A shotgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
5. A shotgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than 10, 12, 16, 20, 28 or 410 gauge cartridges.

HANDGUNS

6. A handgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
7. A handgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than a handgun designed or adapted to discharge 32 Short Colt, 32 Long Colt, 32 Smith and Wesson, 32 Smith and Wesson Long, 32-20 Winchester, 38 Smith and Wesson, 38 Short Colt, 38 Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt cartridges.


Regs

Prohibited Firearm

84. (1) In this Part,
...
“prohibited firearm” means

(a) a handgun that
(i) has a barrel equal to or less than 105 mm in length, or
(ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

(b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,
(i) is less than 660 mm in length, or
(ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,
(c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or
(d) any firearm that is prescribed to be a prohibited firearm;

...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2.


CCC

Regulations state:

PART 1
Prohibited Firearms

Former Prohibited Weapons Order, No. 3

1 Any firearm capable of discharging a dart or other object carrying an electrical current or substance, including the firearm of the design commonly known as the Taser Public Defender and any variant or modified version of it.

Former Prohibited Weapons Order, No. 8

2 The firearm known as the SSS-1 Stinger and any similar firearm designed or of a size to fit in the palm of the hand.

Former Prohibited Weapons Order, No. 11

3 The firearm of the design commonly known as the Franchi SPAS 12 shotgun, and any variant or modified version of it, including the Franchi LAW 12 shotgun.

4 The firearm of the design commonly known as the Striker shotgun, and any variant or modified version of it, including the Striker 12 shotgun and the Streetsweeper shotgun.

5 The firearm of the design commonly known as the USAS-12 Auto Shotgun, and any variant or modified version of it.

6 The firearm of the design commonly known as the Franchi SPAS-15 shotgun, and any variant or modified version of it.

7 The firearms of the designs commonly known as the Benelli M1 Super 90 shotgun and the Benelli M3 Super 90 shotgun, and any variants or modified versions of them, with the exception of the

(a) M1 Super 90 Field;
(b) M1 Super 90 Sporting Special;
(c) Montefeltro Super 90;
(d) Montefeltro Super 90 Standard Hunter;
(e) Montefeltro Super 90 Left Hand;
(f) Montefeltro Super 90 Turkey;
(g) Montefeltro Super 90 Uplander;
(h) Montefeltro Super 90 Slug;
(i) Montefeltro Super 90 20 Gauge;
(j) Black Eagle;
(k) Black Eagle Limited Edition;
(l) Black Eagle Competition;
(m) Black Eagle Slug Gun;
(n) Super Black Eagle; and
(o) Super Black Eagle Custom Slug.

8 The firearms of the designs commonly known as the Bernardelli B4 shotgun and the Bernardelli B4/B shotgun, and any variants or modified versions of them.

9 The firearm of the design commonly known as the American 180 Auto Carbine, and any variant or modified version of it, including the AM-180 Auto Carbine and the Illinois Arms Company Model 180 Auto Carbine.

10 The firearms of the designs commonly known as the Barrett “Light Fifty” Model 82A1 rifle and the Barrett Model 90 rifle, and any variants or modified versions of them.

11 The firearm of the design commonly known as the Calico M-900 rifle, and any variant or modified version of it, including the M-951 carbine, M-100 carbine and M-105 carbine.

12 The firearm of the design commonly known as the Iver Johnson AMAC long-range rifle, and any variant or modified version of it.

13 The firearm of the design commonly known as the McMillan M87 rifle, and any variant or modified version of it, including the McMillan M87R rifle and the McMillan M88 carbine.

14 The firearms of the designs commonly known as the Pauza Specialties P50 rifle and P50 carbine, and any variants or modified versions of them.

15 The firearm of the design commonly known as the Encom MK-IV carbine, and any variant or modified version of it.

16 The firearms of the designs commonly known as the Encom MP-9 and MP-45 carbines, and any variants or modified versions of them.

17 The firearm of the design commonly known as the FAMAS rifle, and any variant or modified version of it, including the MAS 223, FAMAS Export, FAMAS Civil and Mitchell MAS/22.

18 The firearm of the design commonly known as the Feather AT-9 Semi-Auto Carbine, and any variant or modified version of it, including the Feather AT-22 Auto Carbine.

19 The firearm of the design commonly known as the Federal XC-450 Auto Rifle, and any variant or modified version of it, including the Federal XC-900 rifle and Federal XC-220 rifle.

20 The firearm of the design commonly known as the Gepard long-range sniper rifle, and any variant or modified version of it.

21 The firearm of the design commonly known as the Heckler and Koch (HK) Model G11 rifle, and any variant or modified version of it.

22 The firearm of the design commonly known as the Research Armament Industries (RAI) Model 500 rifle, and any variant or modified version of it.

23 The firearm of the design commonly known as the Spectre Auto Carbine, and any variant or modified version of it.

24 The firearm of the design commonly known as the US Arms PMAI “Assault” 22 rifle, and any variant or modified version of it.

25 The firearm of the design commonly known as the Weaver Arms Nighthawk Carbine, and any variant or modified version of it.

26 The firearm of the design commonly known as the A.A. Arms AR9 Semi-Automatic Rifle, and any variant or modified version of it.

27 The firearms of the designs commonly known as the Claridge HI-TEC C, LEC-9 and ZLEC-9 carbines, and any variants or modified versions of them.

28 The firearm of the design commonly known as the Kimel Industries AR-9 rifle or carbine, and any variant or modified version of it.

29 The firearm of the design commonly known as the Grendel R-31 Auto Carbine, and any variant or modified version of it.

30 The firearms of the designs commonly known as the Maadi Griffin Rifle and the Maadi Griffin Carbine, and any variants or modified versions of them.

31 The firearm of the design commonly known as the AA Arms Model AR-9 carbine, and any variant or modified version of it.

32 The firearm of the design commonly known as the Bushmaster Auto Pistol, and any variant or modified version of it.

33 The firearm of the design commonly known as the Calico M-950 Auto Pistol, and any variant or modified version of it, including the M-110 pistol.

34 The firearm of the design commonly known as the Encom MK-IV assault pistol, and any variant or modified version of it.

35 The firearms of the designs commonly known as the Encom MP-9 and MP-45 assault pistols, and any variants or modified versions of them, including the Encom MP-9 and MP-45 mini pistols.

36 The firearm of the design commonly known as the Federal XP-450 Auto Pistol, and any variant or modified version of it, including the XP-900 Auto Pistol.

37 The firearm of the design commonly known as the Heckler and Koch (HK) SP89 Auto Pistol, and any variant or modified version of it.

38 The firearm of the design commonly known as the Intratec Tec-9 Auto Pistol, and any variant or modified version of it, including the Tec-9S, Tec-9M, Tec-9MS, and any semi-automatic variants of them, including the Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion, Tec-22T and Tec-22TN.

39 The firearms of the designs commonly known as the Iver Johnson Enforcer Model 3000 Auto Pistol and the Iver Johnson Plainfield Super Enforcer Carbine, and any variants or modified versions of them.

40 The firearm of the design commonly known as the Skorpion Auto Pistol, and any variant or modified version of it.

41 The firearm of the design commonly known as the Spectre Auto Pistol, and any variant or modified version of it.

42 The firearm of the design commonly known as the Sterling Mk 7 pistol, and any variant or modified version of it, including the Sterling Mk 7 C4 and Sterling Mk 7 C8.

43 The firearm of the design commonly known as the Universal Enforcer Model 3000 Auto Carbine, and any variant or modified version of it, including the Universal Enforcer Model 3010N, Model 3015G, Model 3020TRB and Model 3025TCO Carbines.

44 The firearm of the design commonly known as the US Arms PMAIP “Assault” 22 pistol, and any variant or modified version of it.

45 The firearm of the design commonly known as the Goncz High-Tech Long Pistol, and any variant or modified version of it, including the Claridge Hi-Tec models S, L, T, ZL-9 and ZT-9 pistols.

46 The firearm of the design commonly known as the Leader Mark 5 Auto Pistol, and any variant or modified version of it.

47 The firearm of the design commonly known as the OA-93 assault pistol, and any variant or modified version of it.

48 The firearm of the design commonly known as the A.A. Arms AP9 Auto Pistol, and any variant or modified version of it.

49 The firearm of the design commonly known as the Patriot pistol, and any variant or modified version of it.

50 The firearm of the design commonly known as the XM 231S pistol, and any variant or modified version of it, including the A1, A2 and A3 Flattop pistols.

51 The firearm of the design commonly known as the AA Arms Model AP-9 pistol, and any variant or modified version of it, including the Target AP-9 and the Mini AP-9 pistols.

52 The firearm of the design commonly known as the Kimel Industries AP-9 pistol, and any variant or modified version of it.

53 The firearms of the designs commonly known as the Grendel P-30, P-30 M, P-30 L and P-31 pistols, and any variants or modified versions of them.

54 The firearms of the designs commonly known as the Claridge HI-TEC ZL-9, HI-TEC S, HI-TEC L, HI-TEC T, HI-TEC ZT-9 and HI-TEC ZL-9 pistols, and any variants or modified versions of them.

55 The firearm of the design commonly known as the Steyr SPP Assault Pistol, and any variant or modified version of it.

56 The firearm of the design commonly known as the Maadi Griffin Pistol, and any variant or modified version of it.

57 The firearm of the design commonly known as the Interdynamics KG-99 Assault Pistol, and any variant or modified version of it.

Former Prohibited Weapons Order, No. 12

58 The firearm of the design commonly known as the Sterling Mk 6 Carbine, and any variant or modified version of it.

59 The firearm of the design commonly known as the Steyr AUG rifle, and any variant or modified version of it.

60 The firearm of the design commonly known as the UZI carbine, and any variant or modified version of it, including the UZI Model A carbine and the Mini-UZI carbine.

61 The firearms of the designs commonly known as the Ingram M10 and M11 pistols, and any variants or modified versions of them, including the Cobray M10 and M11 pistols, the RPB M10, M11, SM10 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols.

62 The firearm of the design commonly known as the Partisan Avenger Auto Pistol, and any variant or modified version of it.

63 The firearm of the design commonly known as the UZI pistol, and any variant or modified version of it, including the Micro-UZI pistol.

Former Prohibited Weapons Order, No. 13

64 The firearm of the design commonly known as the AK-47 rifle, and any variant or modified version of it except for the Valmet Hunter, the Valmet Hunter Auto and the Valmet M78 rifles, but including the

(a) AK-74;
(b) AK Hunter;
(c) AKM;
(d) AKM-63;
(e) AKS-56S;
(f) AKS-56S-1;
(g) AKS-56S-2;
(h) AKS-74;
(i) AKS-84S-1;
(j) AMD-65;
(k) AR Model .223;
(l) Dragunov;
(m) Galil;
(n) KKMPi69;
(o) M60;
(p) M62;
(q) M70B1;
(r) M70AB2;
(s) M76;
(t) M77B1;
(u) M78;
(v) M80;
(w) M80A;
(x) MAK90;
(y) MPiK;
(z) MPiKM;
(z.1) MPiKMS-72;
(z.2) MPiKS;
(z.3) PKM;
(z.4) PKM-DGN-60;
(z.5) PMKM;
(z.6) RPK;
(z.7) RPK-74;
(z.8) RPK-87S;
(z.9) Type 56;
(z.10) Type 56-1;
(z.11) Type 56-2;
(z.12) Type 56-3;
(z.13) Type 56-4;
(z.14) Type 68;
(z.15) Type 79;
(z.16) American Arms AKY39;
(z.17) American Arms AKF39;
(z.18) American Arms AKC47;
(z.19) American Arms AKF47;
(z.20) MAM70WS762;
(z.21) MAM70FS762;
(z.22) Mitchell AK-22;
(z.23) Mitchell AK-47;
(z.24) Mitchell Heavy Barrel AK-47;
(z.25) Norinco 84S;
(z.26) Norinco 84S AK;
(z.27) Norinco 56;
(z.28) Norinco 56-1;
(z.29) Norinco 56-2;
(z.30) Norinco 56-3;
(z.31) Norinco 56-4;
(z.32) Poly Technologies Inc. AK-47/S;
(z.33) Poly Technologies Inc. AKS-47/S;
(z.34) Poly Technologies Inc. AKS-762;
(z.35) Valmet M76;
(z.36) Valmet M76 carbine;
(z.37) Valmet M78/A2;
(z.38) Valmet M78 (NATO) LMG;
(z.39) Valmet M82; and
(z.40) Valmet M82 Bullpup.

65 The firearm of the design commonly known as the Armalite AR-180 Sporter carbine, and any variant or modified version of it.

66 The firearm of the design commonly known as the Beretta AR70 assault rifle, and any variant or modified version of it.

67 The firearm of the design commonly known as the BM 59 rifle, and any variant or modified version of it, including

(a) the Beretta
(i) BM 59,
(ii) BM 59R,
(iii) BM 59GL,
(iv) BM 59D,
(v) BM 59 Mk E,
(vi) BM 59 Mk I,
(vii) BM 59 Mk Ital,
(viii) BM 59 Mk II,
(ix) BM 59 Mk III,
(x) BM 59 Mk Ital TA,
(xi) BM 59 Mk Ital Para,
(xii) BM 59 Mk Ital TP, and
(xiii) BM 60CB; and
(b) the Springfield Armory
(i) BM 59 Alpine,
(ii) BM 59 Alpine Paratrooper, and
(iii) BM 59 Nigerian Mk IV.

68 The firearm of the design commonly known as the Bushmaster Auto Rifle, and any variant or modified version of it.

69 The firearm of the design commonly known as the Cetme Sport Auto Rifle, and any variant or modified version of it.

70 The firearm of the design commonly known as the Daewoo K1 rifle, and any variant or modified version of it, including the Daewoo K1A1, K2, Max 1, Max 2, AR-100, AR 110C, MAXI-II and KC-20.

71 The firearm of the design commonly known as the Demro TAC-1M carbine, and any variant or modified version of it, including the Demro XF-7 Wasp Carbine.

72 The firearm of the design commonly known as the Eagle Apache Carbine, and any variant or modified version of it.

73 The firearm of the design commonly known as the FN-FNC rifle, and any variant or modified version of it, including the FNC Auto Rifle, FNC Auto Paratrooper, FNC-11, FNC-22 and FNC-33.

74 The firearm of the design commonly known as the FN-FAL (FN-LAR) rifle, and any variant or modified version of it, including the FN 308 Model 44, FN-FAL (FN-LAR) Competition Auto, FN-FAL (FN-LAR) Heavy Barrel 308 Match, FN-FAL (FN-LAR) Paratrooper 308 Match 50-64 and FN 308 Model 50-63.

75 The firearm of the design commonly known as the G3 rifle, and any variant or modified version of it, including the Heckler and Koch

(a) HK 91;
(b) HK 91A2;
(c) HK 91A3;
(d) HK G3 A3;
(e) HK G3 A3 ZF;
(f) HK G3 A4;
(g) HK G3 SG/1; and
(h) HK PSG1.

76 The firearm of the design commonly known as the Galil assault rifle, and any variant or modified version of it, including the AP-84, Galil ARM, Galil AR, Galil SAR, Galil 332 and Mitchell Galil/22 Auto Rifle.

77 The firearm of the design commonly known as the Goncz High-Tech Carbine, and any variant or modified version of it.

78 The firearm of the design commonly known as the Heckler and Koch HK 33 rifle, and any variant or modified version of it, including the

(a) HK 33A2;
(b) HK 33A3;
(c) HK 33KA1;
(d) HK 93;
(e) HK 93A2; and
(f) HK 93A3.

79 The firearm of the design commonly known as the J & R Eng M-68 carbine, and any variant or modified version of it, including the PJK M-68 and the Wilkinson Terry carbine.

80 The firearm of the design commonly known as the Leader Mark Series Auto Rifle, and any variant or modified version of it.

81 The firearms of the designs commonly known as the MP5 submachine gun and MP5 carbine, and any variants or modified versions of them, including the Heckler and Koch

(a) HK MP5;
(b) HK MP5A2;
(c) HK MP5A3;
(d) HK MP5K;
(e) HK MP5SD;
(f) HK MP5SD1;
(g) HK MP5SD2;
(h) HK MP5SD3;
(i) HK 94;
(j) HK 94A2; and
(k) HK 94A3.

82 The firearm of the design commonly known as the PE57 rifle, and any variant or modified version of it.

83 The firearms of the designs commonly known as the SG-550 rifle and SG-551 carbine, and any variants or modified versions of them.

84 The firearm of the design commonly known as the SIG AMT rifle, and any variant or modified version of it.

85 The firearm of the design commonly known as the Springfield Armory SAR-48 rifle, and any variant or modified version of it, including the SAR-48 Bush, SAR-48 Heavy Barrel, SAR-48 Para and SAR-48 Model 22.

86 The firearm of the design commonly known as the Thompson submachine gun, and any variant or modified version of it, including the

(a) Thompson Model 1921;
(b) Thompson Model 1927;
(c) Thompson Model 1928;
(d) Thompson Model M1;
(e) Auto-Ordnance M27A-1;
(f) Auto-Ordnance M27A-1 Deluxe;
(g) Auto-Ordnance M1927A-3;
(h) Auto-Ordnance M1927A-5;
(i) Auto-Ordnance Thompson M1;
(j) Commando Arms Mk I;
(k) Commando Arms Mk II;
(l) Commando Arms Mk III;
(m) Commando Arms Mk 9; and
(n) Commando Arms Mk 45.

...
SOR/2015-213, s. 3.


Regs

Where a weapon can be quickly and readily converted to an automatic gun, then that weapon must fall within the definition of "prohibited weapon".[1] However, a gun frame or receiver, inoperable by itself because the selector button was welded to prevent it firing automatically, is not a prohibited weapon, because the modification required to remove the weld required specialized knowledge and considerable effort.[2]

When involving a knife that is found to be a prohibited weapon, the crown must also establish that the accused was aware of the feature that makes it a prohibited weapon.[3]

Brass knuckles are usually considered prohibited weapons. They do not have to have holes for all fingers to be prohibited. [4]

  1. R v Hasselwander, 1993 CanLII 90 (SCC), [1993] 2 SCR 398
  2. . v Rogan, (1994), 19 Alta. L.R. (3d) 90(*no link)
  3. R v Puddy, 2011 ONCJ 399 (CanLII), 2011 OJ No 3690 (ONCJ)
  4. R v Montgomery, 2009 ABCA 197 (CanLII), [2009] A.J. No. 559 (Alta. C.A.)

Restricted Firearm

Definitions
84. (1) In this Part,
...
“restricted firearm” means

(a) a handgun that is not a prohibited firearm,
(b) a firearm that
(i) is not a prohibited firearm,
(ii) has a barrel less than 470 mm in length, and
(iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,
(c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or
(d) a firearm of any other kind that is prescribed to be a restricted firearm;

“restricted weapon” means any weapon, other than a firearm, that is prescribed to be a restricted weapon;
...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2.


CCC


Regulations state:

PART 2
Restricted Firearms
Former Restricted Weapons Order
1 The firearms of the designs commonly known as the High Standard Model 10, Series A shotgun and the High Standard Model 10, Series B shotgun, and any variants or modified versions of them.
2 The firearm of the design commonly known as the M-16 rifle, and any variant or modified version of it, including the

(a) Colt AR-15;
(b) Colt AR-15 SPI;
(c) Colt AR-15 Sporter;
(d) Colt AR-15 Collapsible Stock Model;
(e) Colt AR-15 A2;
(f) Colt AR-15 A2 Carbine;
(g) Colt AR-15 A2 Government Model Rifle;
(h) Colt AR-15 A2 Government Model Target Rifle;
(i) Colt AR-15 A2 Government Model Carbine;
(j) Colt AR-15 A2 Sporter II;
(k) Colt AR-15 A2 H-BAR;
(l) Colt AR-15 A2 Delta H-BAR;
(m) Colt AR-15 A2 Delta H-BAR Match;
(n) Colt AR-15 9mm Carbine;
(o) Armalite AR-15;
(p) AAI M15;
(q) AP74;
(r) EAC J-15;
(s) PWA Commando;
(t) SGW XM15A;
(u) SGW CAR-AR;
(v) SWD AR-15; and
(w) any 22-calibre rimfire variant, including the
(i) Mitchell M-16A-1/22,
(ii) Mitchell M-16/22,
(iii) Mitchell CAR-15/22, and
(iv) AP74 Auto Rifle.

...
SOR/2015-213, s. 3.


Regs

Certificate of Registration

Onus on the accused
117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.
1995, c. 39, s. 139.


CCC

Ammunition

Definitions
84. (1) In this Part,
...
“ammunition” means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell;

...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45, c. 27, s. 18.


CCC

Part 5 of the Regulations state:

PART 5
Prohibited Ammunition
Former Prohibited Weapons Order, No. 10

1 Any cartridge that is capable of being discharged from a commonly available semi-automatic handgun or revolver and that is manufactured or assembled with a projectile that is designed, manufactured or altered so as to be capable of penetrating body armour, including KTW, THV and 5.7 x 28 mm P-90 cartridges.

2 Any projectile that is designed, manufactured or altered to ignite on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

3 Any projectile that is designed, manufactured or altered so as to explode on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

4 Any cartridge that is capable of being discharged from a shotgun and that contains projectiles known as “fléchettes” or any similar projectiles.

SOR/2015-213, s. 3.


Regs

Evidence
Proof that the ammunition was capable of being discharged is usually done by way of the actual discharging of at least one cartridge. However, it can also be proven by way of opinion from an expert upon examination of the cartridge and the context of the finding of the cartridge. [1]

There generally is no need for expert evidence to prove that certain items fit the definition of ammunition. [2]The officer's observational description of the items as bullets should be sufficient.[3]


  1. R v Wong, 2012 ONCA 432 (CanLII) at paras 38-40
  2. R v Singh, 2004 BCCA 428 (CanLII) at paras 14 to 15
  3. Singh

"Prohibited device"

s. 84
...
"prohibited device" means

(a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,
(b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,
(c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(d) a cartridge magazine that is prescribed to be a prohibited device, or
(e) a replica firearm;

...
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45, c. 27, s. 18.


CCC

The regulation state this about prohibited devices:

5 The components and parts of weapons, accessories, and cartridge magazines listed in Part 4 of the schedule are prohibited devices for the purposes of paragraphs (a) and (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.


Regs

Part 4 of the Regulations state:

PART 4
Prohibited Devices
Former Prohibited Weapons Order, No. 9
1 Any electrical or mechanical device that is designed or adapted to operate the trigger mechanism of a semi-automatic firearm for the purpose of causing the firearm to discharge cartridges in rapid succession.
2 Any rifle, shotgun or carbine stock of the type known as the “bull-pup” design, being a stock that, when combined with a firearm, reduces the overall length of the firearm such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position.
Former Cartridge Magazine Control Regulations
3 (1) Any cartridge magazine

(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in
(i) a semi-automatic handgun that is not commonly available in Canada,
(ii) a semi-automatic firearm other than a semi-automatic handgun,
(iii) an automatic firearm whether or not it has been altered to discharge only one projectile with one pressure of the trigger,
(iv) the firearms of the designs commonly known as the Ingram M10 and M11 pistols, and any variants or modified versions of them, including the Cobray M10 and M11 pistols, the RPB M10, M11 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols,
(v) the firearm of the design commonly known as the Partisan Avenger Auto Pistol, and any variant or modified version of it, or
(vi) the firearm of the design commonly known as the UZI pistol, and any variant or modified version of it, including the Micro-UZI pistol; or
(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

(2) Paragraph (1)(a) does not include any cartridge magazine that

(a) was originally designed or manufactured for use in a firearm that
(i) is chambered for, or designed to use, rimfire cartridges,
(ii) is a rifle of the type commonly known as the “Lee Enfield” rifle, where the magazine is capable of containing not more than 10 cartridges of the type for which the magazine was originally designed, or
(iii) is commonly known as the U.S. Rifle M1 (Garand) including the Beretta M1 Garand rifle, the Breda M1 Garand rifle and the Springfield Armoury M1 Garand rifle;
(b) is not a reproduction and was originally designed or manufactured for use in a firearm that
(i) is commonly known as the Charlton Rifle,
(ii) is commonly known as the Farquhar-Hill Rifle, or
(iii) is commonly known as the Huot Automatic Rifle;
(c) is of the “drum” type, is not a reproduction and was originally designed or manufactured for use in a firearm commonly known as
(i) the .303 in. Lewis Mark 1 machine-gun, or any variant or modified version of it, including the Lewis Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Lewis SS and .30 in. Savage-Lewis,
(ii) the .303 in. Vickers Mark 1 machine-gun, or any variant or modified version of it, including the Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Mark 4B, Mark 5, Mark 6, Mark 6* and Mark 7, or
(iii) the Bren Light machine-gun, or any variant or modified version of it, including the Mark 1, Mark 2, Mark 2/1, Mark 3 and Mark 4;
(d) is of the “metallic-strip” type, is not a reproduction and was originally designed or manufactured for use in conjunction with the firearm known as the Hotchkiss machine-gun, Model 1895 or Model 1897, or any variant or modified version of it, including the Hotchkiss machine-gun, Model 1900, Model 1909, Model 1914 and Model 1917, and the Hotchkiss machine-gun (Enfield), Number 2, Mark 1 and Mark 1*;
(e) is of the “saddle-drum” type (doppeltrommel or satteltrommel), is not a reproduction and was originally designed or manufactured for use in the automatic firearms known as the MG-13, MG-15, MG-17, MG-34, T6-200 or T6-220, or any variant or modified version of it; or
(f) is of the “belt” type consisting of a fabric or metal belt, is not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945.

(3) Paragraph (1)(b) does not include any cartridge magazine that

(a) is of the “snail-drum” type (schneckentrommel) that was originally designed or manufactured for use in a firearm that is a handgun known as the Parabellum-Pistol, System Borchardt-Luger, Model 1900, or “Luger”, or any variant or modified version of it, including the Model 1902, Model 1904 (Marine), Model 1904/06 (Marine), Model 1904/08 (Marine), Model 1906, Model 1908 and Model 1908 (Artillery) pistols;
(b) was originally designed or manufactured for use in a firearm that is a semi-automatic handgun, where the magazine was manufactured before 1910;
(c) was originally designed or manufactured as an integral part of the firearm known as the Mauser Selbstladepistole C/96 (“broomhandle”), or any variant or modified version of it, including the Model 1895, Model 1896, Model 1902, Model 1905, Model 1912, Model 1915, Model 1930, Model 1931, M711 and M712; or
(d) was originally designed or manufactured for use in the semi-automatic firearm that is a handgun known as the Webley and Scott Self-Loading Pistol, Model 1912 or Model 1915.

(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.
(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes

(a) the indentation of its casing by forging, casting, swaging or impressing;
(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or
(c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.

...
SOR/2015-213, s. 3.


Regs

A magazine casing with a 30-round capacity and can be used in an AR15 rifle can be a "prohibited device".[1]

  1. R v Cancade, 2011 BCCA 105 (CanLII)

Use of a Firearm

The use of a firearm must be more than mere possession and can be less than discharging it.

Use has been found to include:[1]

  • striking a person with it
  • pointing the firearm at a person
  • holding it to intimidate
  • brandishing the firearm

It is not use where the accused merely holds the weapon, makes a threatening reference to the firearm, close accessibility to a firearm with an intent to use it.[2]

Note that a party to a principle who is "using" a firearm can be considered a "user" of the firearm as well.[3]

  1. R v Cheetham (1980), 53 CCC (3d) 209 (ONCA)(*no link)
    R v Langevin (No.1) (1979), 47 CCC (2d) 138 (ONCA)(*no link)
    R v Stewart, 2010 BCCA 153 (CanLII)
    R v Steele, 2007 SCC 36 (CanLII), [2007] 3 SCR 3
  2. R v Steele, at para 32 ( use occurs where "the offender reveals by words or conduct the actual presence or immediate availability of a firearm. The weapon must then be in a physical possession of the offender or readily at hand.")
  3. See R v McGuigan, 1982 CanLII 41 (SCC), [1982] 1 SCR 284

Evidence

It is possible to prove that a weapon was a "firearm" within the meaning of s. 2 from the totality of the circumstances even where the weapon was not fired or recovered.[1]

  1. R v Wills, 2014 ONCA 178 (CanLII) at para 50

Certificate of Analysis

Certificate of analyst
117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.
Attendance of analyst
(2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
Notice of intention to produce certificate
(3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
(4) and (5) [Repealed, 2008, c. 18, s. 2]
1995, c. 39, s. 139; 2008, c. 18, s. 2.


See Also