Miscellaneous Firearms Offences: Difference between revisions

Latest revision as of 07:10, 23 July 2024

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< Offences

Possession of Weapon Obtained by Commission of Offence

Possession of weapon obtained by commission of offence

96 (1) Subject to subsection (3) [possession of weapon obtained by commission of offence – exception], every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

Punishment

(2) Every person who commits an offence under subsection (1) [possession of weapon obtained by commission of offence – offence]

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

(b) is guilty of an offence punishable on summary conviction.

Exception

(3) Subsection (1) [possession of weapon obtained by commission of offence – offence] does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.
R.S., 1985, c. C-46, s. 96; 1995, c. 39, s. 139; 2019, c. 25, s. 26; 2022, c. 15, s. 5; 2023, c. 32, s. 14; 2023, c. 32, s. 71.

– CCC (CanLII), (DOJ)

Note up: 96 (1), (2) and (3)

Constitutionality

The mandatory minimum associated with s. 96(2)(a) was found in violation of s. 12 of the Charter for being grossly disproportionate.^[1]

↑ R v Robertson, 2020 BCCA 65 (CanLII), per Frankel JA
see also Mandatory Minimum Penalties

Breaking and Entering to Steal Firearm

Breaking and entering to steal firearm

98 (1) Every person commits an offence who

(a) breaks and enters a place with intent to steal a firearm located in it;

(b) breaks and enters a place and steals a firearm located in it; or

(c) breaks out of a place after
(i) stealing a firearm located in it, or

(ii) entering the place with intent to steal a firearm located in it.

Definitions of “break” and “place”

(2) In this section, "break" has the same meaning as in section 321 [offences against rights of property – definitions], and "place" means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

Entrance

(3) For the purposes of this section,

(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

(b) a person is deemed to have broken and entered if he or she
(i) obtained entrance by a threat or an artifice or by collusion with a person within, or

(ii) entered without lawful justification or excuse by a permanent or temporary opening.

Punishment

(4) Every person who commits an offence under subsection (1) [breaking and entering to steal firearm] is guilty of an indictable offence and liable to imprisonment for life.
R.S., 1985, c. C-46, s. 98; R.S., 1985, c. 27 (1st Supp.), s. 13; 1991, c. 40, s. 11; 1995, c. 39, s. 139; 2008, c. 6, s. 9.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 98 (1), (2), (3), and (4)

Robbery to Steal Firearm

Robbery to steal firearm

98.1 Every person who commits a robbery within the meaning of section 343 [robbery – forms of offence] with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
2008, c. 6, s. 9.

– CCC (CanLII), (DOJ)

Note up: 98.1

Making an Automatic Weapon

Assembling Offence

Making automatic firearm

102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 102 R.S., 1985, c. 27 (1st Supp.), s. 203 1991, c. 28, s. 9, c. 40, s. 14; 1995, c. 39, s. 139; 2019, c. 25, s. 27.

– CCC (CanLII), (DOJ)

Note up: 102 (1) and (2)

3D Printer Firearm Templates

Possession of computer data

102.‍1 (1) Every person commits an offence who possesses or accesses computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Distribution of computer data

(2) Every person commits an offence who distributes, publishes or makes available computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing that the computer data are intended to be used for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

(b) is guilty of an offence punishable on summary conviction.

Definitions of computer data and computer system

(4) In this section, "computer data" and "computer system" have the same meaning as in subsection 342.‍1(2).
2023, c. 23, s. 1.4.

– CCC (CanLII), (DOJ)

Note up: 102.1 (1), (2) and (3)

Section 102.1(1) comes into force 30 days from December 15, 2023.

Exporting and Importing Firearms

Export and Import Offences

Importing or exporting knowing it is unauthorized

103 (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Punishment — firearm

(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
(3) [Repealed, 2019, c. 25, s. 28]
R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s. 139; 2008, c. 6, s. 12; 2015, c. 27, s. 26; 2019, c. 25, s. 28.

– CCC (CanLII), (DOJ)

Note up: 103 (1), (2) and (2.1)

Unauthorized importing or exporting

104 (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

(3) [Repealed, 2019, c. 25, s. 29]
R.S., 1985, c. C-46, s. 104; 1991, c. 40, s. 16; 1995, c. 39, s. 139; 2015, c. 27, s. 27; 2019, c. 25, s. 29.

– CCC (CanLII), (DOJ)

Note up: 104 (1) and (2)

Altering Cartridge Magazines

Offence Relating to Altering Cartridge Magazine

Altering cartridge magazine

104.1 (1) Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

2023, c. 32, s. 2

– CCC (CanLII), (DOJ)

Note up: 104.1 (1) and (2)

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Losing or finding

105 (1) Every person commits an offence who

(a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

(b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 105; 1991, c. 28, s. 10, c. 40, ss. 18, 39; 1994, c. 44, s. 7; 1995, c. 39, s. 139.

– CCC (CanLII), (DOJ)

Note up: 105 (1) and (2)

Destroying

106 (1) Every person commits an offence who

(a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

(b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 106; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991, c. 40, s. 19; 1995, c. 22, s. 10, c. 39, s. 139; 2012, c. 6, s. 6.

– CCC (CanLII), (DOJ)

Note up: 106 (1) and (2)

False statements

107 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Definition of “report” or “statement”

(3) In this section, "report" or "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.
R.S., 1985, c. C-46, s. 107; 1991, c. 40, s. 20; 1995, c. 39, s. 139.

– CCC (CanLII), (DOJ)

Note up: 107 (1), (2) and (3)

Tampering with serial number

108 (1) Every person commits an offence who, without lawful excuse,

(a) alters, defaces or removes a serial number on a firearm; or

(b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Exception

(3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

Evidence

(4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.
R.S., 1985, c. C-46, s. 108; 1991, c. 40, s. 20; 1995, c. 39, s. 139; 2012, c. 6, s. 7; 2018, c. 29, s. 6.

– CCC (CanLII), (DOJ)

Note up: 108 (1), (2), (3), and (4)

Possession Contrary to Order

Possession contrary to order

117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

Failure to surrender authorization, etc.

(2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

Exception

(4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).
1995, c. 39, s. 139.

– CCC (CanLII), (DOJ)

Note up: 117.01 (1), (2), (3), and (4)

@@ Line 1: / Line 1: @@
+[[Fr:Infractions_diverses_relatives_aux_armes_à_feu]]
 {{LevelOne}}{{HeaderOffences}}
-==Possession of weapon obtained by commission of offence==
+==Possession of Weapon Obtained by Commission of Offence==
 {{quotation2|
 ; Possession of weapon obtained by commission of offence
 (1) Subject to subsection (3) {{AnnSec0|96(3)}}, every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.
-<br>
 ; Punishment
 (2) Every person who commits an offence under subsection (1) {{AnnSec0|96(1)}}
-:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
+:(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or
 :(b) is guilty of an offence punishable on summary conviction.
@@ Line 16: / Line 17: @@
 R.S., {{LegHistory80s|1985, c. C-46}}, s. 96;
 {{LegHistory90s|1995, c. 39}}, s. 139;
-{{LegHistory10s|2019, c. 25}}, s. 26.
+{{LegHistory10s|2019, c. 25}}, s. 26;
-|[{{CCCSec|96}} CCC]
+{{LegHistory20s|2022, c. 15}}, s. 5;
+{{LegHistory20s|2023, c. 32}}, s. 14;
+{{LegHistory20s|2023, c. 32}}, s. 71.
+|{{CCCSec2|96}}
 |{{NoteUp|96|1|2|3}}
 }}
@@ Line 23: / Line 28: @@
 ; Constitutionality
 The mandatory minimum associated with s. 96(2)(a) was found in violation of s. 12 of the Charter for being grossly disproportionate.<Ref>
-{{CanLIIR|Robertson|j5ht3|2020 BCCA 65 (CanLII)}}{{perBCCA|Frankel JA}}
+{{CanLIIRx|Robertson|j5ht3|2020 BCCA 65 (CanLII)}}{{perBCCA|Frankel JA}}<Br>
+see also [[Mandatory Minimum Penalties]]
 </ref>
 {{reflist|2}}
-==Breaking and entering to steal firearm==
+==Breaking and Entering to Steal Firearm==
 {{quotation2|
 ; Breaking and entering to steal firearm
@@ Line 39: / Line 45: @@
 ; Definitions of “break” and “place”
-(2) In this section, “break” has the same meaning as in section 321 {{AnnSec3|321}}, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
+(2) In this section, '''"break"''' has the same meaning as in section 321 {{AnnSec3|321}}, and '''"place"''' means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
 <br>
 ; Entrance
@@ Line 57: / Line 63: @@
 {{LegHistory00s|2008, c. 6}}, s. 9.
 {{Annotation}}
-|[{{CCCSec|98}} CCC]
+|{{CCCSec2|98}}
 |{{NoteUp|98|1|2|3|4}}
 }}
-==Robbery to steal firearm==
+==Robbery to Steal Firearm==
 {{quotation2|
 ; Robbery to steal firearm
-.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
+.1 Every person who commits a robbery within the meaning of section 343 {{AnnSec3|343}} with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
 <br>
 {{LegHistory00s|2008, c. 6}}, s. 9.
-|[{{CCCSec|98.1}} CCC]
+|{{CCCSec2|98.1}}
 |{{NoteUp|98.1}}
 }}
 ==Making an Automatic Weapon==
@@ Line 88: / Line 93: @@
 {{LegHistory90s|1995, c. 39}}, s. 139;
 {{LegHistory10s|2019, c. 25}}, s. 27.
-|[{{CCCSec|102}} CCC]
+|{{CCCSec2|102}}
 |{{NoteUp|102|1|2}}
 }}
+==3D Printer Firearm Templates==
+{{Quotation2|
+; Possession of computer data
+.‍1 (1) Every person commits an offence who possesses or accesses computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
+; Distribution of computer data
+(2) Every person commits an offence who distributes, publishes or makes available computer data that pertain to a firearm — other than a firearm that is deemed under subsection 84(3) not to be a firearm — or a prohibited device and that are capable of being used with a 3D printer, metal milling machine or similar computer system knowing that the computer data are intended to be used for the purpose of manufacturing or trafficking a firearm or prohibited device derived from that computer data otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
+; Punishment
+(3) Every person who commits an offence under subsection (1) or (2)
+:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
+:(b) is guilty of an offence punishable on summary conviction.
+; Definitions of computer data and computer system
+(4) In this section, '''"computer data"''' and '''"computer system"''' have the same meaning as in subsection 342.‍1(2).
+{{LegHistory20s|2023, c. 23}}, s. 1.4.
+|{{CCCSec2|102.1}}
+|{{NoteUp|102.1|1|2|3}}
+}}
+Section 102.1(1) comes into force 30 days from December 15, 2023.
 ==Exporting and Importing Firearms==
@@ Line 117: / Line 146: @@
 {{LegHistory10s|2015, c. 27}}, s. 26;
 {{LegHistory10s|2019, c. 25}}, s. 28.
-|[{{CCCSec|103}} CCC]
+|{{CCCSec2|103}}
 |{{NoteUp|103|1|2|2.1}}
 }}
@@ Line 140: / Line 169: @@
 {{LegHistory10s|2015, c. 27}}, s. 27;
 {{LegHistory10s|2019, c. 25}}, s. 29.
-|[{{CCCSec|104}} CCC]
+|{{CCCSec2|104}}
 |{{NoteUp|104|1|2}}
+}}
+==Altering Cartridge Magazines==
+{{quotation2|
+;Offence Relating to Altering Cartridge Magazine
+;Altering cartridge magazine
+.1 (1) Every person commits an offence who, without lawful excuse, alters a cartridge magazine that is not a prohibited device so that it becomes a prohibited device.
+; Punishment
+(2) Every person who commits an offence under subsection (1)
+:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
+:(b) is guilty of an offence punishable on summary conviction.
+, c. 32, s. 2
+|{{CCCSec2|104.1}}
+|{{NoteUp|104.1|1|2}}
 }}
@@ Line 159: / Line 205: @@
 R.S., {{LegHistory80s|1985, c. C-46}}, s. 105; {{LegHistory90s|1991, c. 28}}, s. 10, c. 40, ss. 18, 39; {{LegHistory90s|1994, c. 44}}, s. 7; {{LegHistory90s|1995, c. 39}}, s. 139.
-|[{{CCCSec|105}} CCC]
+|{{CCCSec2|105}}
 |{{NoteUp|105|1|2}}
 }}
@@ Line 177: / Line 223: @@
 R.S., {{LegHistory80s|1985, c. C-46}}, s. 106; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203; {{LegHistory90s|1991, c. 40}}, s. 19; {{LegHistory90s|1995, c. 22}}, s. 10, c. 39, s. 139; {{LegHistory10s|2012, c. 6}}, s. 6.
-|[{{CCCSec|106}} CCC]
+|{{CCCSec2|106}}
 |{{NoteUp|106|1|2}}
 }}
@@ Line 194: / Line 240: @@
 R.S., {{LegHistory80s|1985, c. C-46}}, s. 107; {{LegHistory90s|1991, c. 40}}, s. 20; {{LegHistory90s|1995, c. 39}}, s. 139.
-|[{{CCCSec|107}} CCC]
+|{{CCCSec2|107}}
 |{{NoteUp|107|1|2|3}}
 }}
@@ Line 216: / Line 262: @@
 <br>
 R.S., {{LegHistory80s|1985, c. C-46}}, s. 108; {{LegHistory90s|1991, c. 40}}, s. 20; {{LegHistory90s|1995, c. 39}}, s. 139; {{LegHistory10s|2012, c. 6}}, s. 7; {{LegHistory10s|2018, c. 29}}, s. 6.
-|[{{CCCSec|108}} CCC]
+|{{CCCSec2|108}}
 |{{NoteUp|108|1|2|3|4}}
 }}
-==Possession contrary to order==
+==Possession Contrary to Order==
 {{quotation2|
 ; Possession contrary to order
@@ Line 237: / Line 283: @@
 <br>
 {{LegHistory90s|1995, c. 39}}, s. 139.
-|[{{CCCSec|117.01}} CCC]
+|{{CCCSec2|117.01}}
 |{{NoteUp|117.01|1|2|3|4}}
 }}