Definition of Prohibited Firearms

From Criminal Law Notebook

General Principles

See also: Definition of Firearms and Definition of Restricted Firearms

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

As described in s. 84, prohibited weapons consist of:

  1. handgun with a barrel length of 105 mm or less;
  2. handgun designed or adapted to discharge 25 or 32 calibre ammunition;
  3. rifle or shotgun that has been altered to make it less than 660 mm (26 inches) in overall length;
  4. rifle or shotgun that has been altered to make the barrel length less than 457 mm (18 inches) where the overall firearm length is 660 mm (26 inches) or more;
  5. automatic firearm or converted automatic firearm; or
  6. any firearm prescribed as prohibited.

Handguns

All handguns with a barrel length of equal or less than 105mm (~4.1 inches) and handguns capable of firing 25 or 32 calibre bullets are prohibited.

Glock G22, Glock G21, Kimber Custom Raptor, Dan Wesson Commander, Smith & Wesson .357, Ruger Blackhawk .357, Ruger SP101, Sig Sauer P220 Combat.
25 calibre bullet [1]
32 calibre bullet [2]

Barrel Length

As stated in 84(1), any rifle or shotgun with dimensions of being:

  1. "is less than 660 mm in length, or"
  2. "is 660 mm or greater in length and has a barrel less than 457 mm in length"
Measuring Barrel

84
...

Barrel length

(2) For the purposes of this Part, the length of a barrel of a firearm is

(a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and
(b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.
...


CCC

Firearm length requirements


Length does not take into account any muzzle attachment such as a suppressor or silencer.

Automatic Firing Mechanism

As defined in s. 84(1) any firearm that is "an automatic firearm" is prohibited. This includes firearms that "has been altered to discharge only one projectile with one pressure of the trigger".

Prescribed Firearms

The regulations prescribe certain firearms as restricted stating:

2 The firearms listed in Part 1 of the schedule are prohibited firearms for the purposes of paragraph (d) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code.


The prescribed prohibited firearms are:

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. R v Rogan, (1994), 19 Alta. L.R. (3d) 90(*no CanLII links)
  3. R v Puddy, 2011 ONCJ 399 (CanLII), 2011 OJ No 3690 (ONCJ)
  4. R v Montgomery, 2009 ABCA 197 (CanLII), [2009] AJ No 559 (Alta. C.A.)


Photos of Prescribed Prohibited Firearms

AK-47 assault rifle with curved magazine and wooden stock facing left
AK-47, Fires a 7.62×39mm M43 round. [prohibited firearm]
Colt-Thompson Submachine Gun Model of 1921. [prohibited firearm]
MP5 A3. This is the retractable buttstock version of the MP5. A submachine gun by Heckler & Koch, built 1976. [prohibited firearm]
Daewoo Precision Industries USAS-12 automatic shotgun. [prohibited firearm]