Weapons and Firearms Offences: Difference between revisions
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==Introduction== | ==Introduction== | ||
Firearms and other weapon offences is set out in Part III of the Criminal Code. | Firearms and other weapon offences is set out in Part III of the Criminal Code. | ||
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On April 5, 2012, the Long-Gun Registry was eliminated removing the requirement that non-restricted firearms be registered. | On April 5, 2012, the Long-Gun Registry was eliminated removing the requirement that non-restricted firearms be registered. | ||
== | ==Definitions== | ||
; Weapons | |||
See [[Definition of Weapons]] | See [[Definition of Weapons]] | ||
; Firearms | |||
See [[Firearms]] | See [[Definition of Firearms]] | ||
==Weapons-related Offences== | ==Weapons-related Offences== | ||
* [[Possession of a Weapon for a Dangerous Purpose (Offence)|Possession of a Weapon for a Dangerous Purpose]] (88) | * [[Possession of a Weapon for a Dangerous Purpose (Offence)|Possession of a Weapon for a Dangerous Purpose]] (88) | ||
* [[Assault with a Weapon or Causing Bodily Harm (Offence)|Assault with a Weapon]] (267) | |||
* [[Assault Peace Officer (Offence)|Assault Peace Officer with a Weapon]] (270 to 270.02) | |||
* [[Sexual Assault with a Weapon or Causing Bodily Harm (Offence)|Sexual Assault with a Weapon]] (272(1)) | |||
There are also several offence that include a weapon as an essential element: | |||
==Firearm Possession Offences== | |||
* [[Careless Use or Storage of a Firearm (Offence)|Unsafe Storage, Handling of a Firearm]] (86(1)) | |||
* [[Careless Use or Storage of a Firearm (Offence)|Contravention of Firearm Storage Regulations]] (86(2)) | |||
* [[Carrying a Concealed Weapon (Offence)|Carrying a Concealed Weapon]] (90) | * [[Carrying a Concealed Weapon (Offence)|Carrying a Concealed Weapon]] (90) | ||
* [[Unauthorized Possession of a Firearm (Offence)|Unauthorized Possession of a Firearm]] (91) | * [[Unauthorized Possession of a Firearm (Offence)|Unauthorized Possession of a Firearm]] (91) | ||
* [[Possession of Unauthorized Firearm (Offence)|Possession of Unauthorized Firearm]] (92) | * [[Possession of Unauthorized Firearm (Offence)|Possession of Unauthorized Firearm]] (92) | ||
* [[Possession of a Firearm in an Unauthorized Place (Offence)|Unauthorized possession in a motor vehicle]] (94) | |||
* [[Possession of a Restricted or Prohibited Firearm (Offence)|Possession of a Restricted or Prohibited Firearm]] (95) | * [[Possession of a Restricted or Prohibited Firearm (Offence)|Possession of a Restricted or Prohibited Firearm]] (95) | ||
* [[Miscellaneous Firearms Offences|Possessing weapon obtained by commission of offence]] (96) | |||
* [[Weapons Trafficking (Offence)|Weapons Trafficking]] (99, 100) | * [[Weapons Trafficking (Offence)|Weapons Trafficking]] (99, 100) | ||
* [[Miscellaneous Firearms Offences|Unauthorized transfer]] (101) | |||
* [[Miscellaneous Firearms Offences|Making automatic firearm]] (102) | |||
* [[Miscellaneous Firearms Offences|Exporting and importing firearms]] (103, 104) | |||
* [[Miscellaneous Firearms Offences|Failure to report (or giving false stmt re) lost or recovered restricted/prohibited firearm]] (105, 107) | |||
* [[Miscellaneous Firearms Offences|Destroying or tampering with a restricted/prohibited firearm]] (106, 108) | |||
* [[Possession of a Weapon Contrary to an Order (Offence)|Possession of a Weapon Contrary to an Order]] (117.01) | * [[Possession of a Weapon Contrary to an Order (Offence)|Possession of a Weapon Contrary to an Order]] (117.01) | ||
Offences relating to the "possession" of firearms are subject to exemptions under s. 84(3) [re exempted firearm-like devices such as BB guns, flare guns, etc]. | |||
* [[ | |||
* Assault | ==Firearm Use Offences== | ||
* Sexual Assault with a | * [[Use of Firearm in Commission of an Offence (Offence)|Use of Firearm in Commission of an Offence]] (85) | ||
* [[Robbery (Offence)|Robbery with a | * [[Pointing a Firearm (Offence)|Pointing a Firearm]] (87) | ||
* [[Criminal Negligence (Offence)|Criminal negligence causing death with a firearm]] (220) | |||
* [[Manslaughter (Offence)|Manslaughter with a firearm]] (236) | |||
* [[Attempted Murder (Offence)|Attempted murder with a firearm]] (239) | |||
* [[Discharging a Firearm (Offence)|Discharging Firearm with Intent]] (244) | |||
* [[Sexual Assault (Offence)|Sexual assault with firearm]] (272) | |||
* [[Aggravated Sexual Assault (Offence)|Aggravated sexual assault with a firearm]] (273) | |||
* [[Kidnapping and Unlawful Confinement (Offence)|Kidnapping with a firearm]] (279) | |||
* [[Hostage Taking (Offence)|Hostage-taking with a firearm]] (279.1) | |||
* [[Robbery (Offence)|Robbery with a firearm]] (344) | |||
* [[Extortion (Offence)|Extortion with a firearm]] (346) | |||
==Defences== | ==Defences== | ||
* [[Persons Exempted from Firearm Offences]] | * [[Persons Exempted from Firearm Offences]] | ||
==See Also== | |||
* [[Miscellaneous Firearms Offences]] | |||
{{OffencesNavBar/Weapons}} | {{OffencesNavBar/Weapons}} | ||
{{OffenceCategories}} | {{OffenceCategories}} | ||
Latest revision as of 10:34, 26 July 2024
Introduction
Firearms and other weapon offences is set out in Part III of the Criminal Code.
Lawful possession of firearms is governed by the Firearms Act.
On April 5, 2012, the Long-Gun Registry was eliminated removing the requirement that non-restricted firearms be registered.
Definitions
- Weapons
- Firearms
- Possession of a Weapon for a Dangerous Purpose (88)
- Assault with a Weapon (267)
- Assault Peace Officer with a Weapon (270 to 270.02)
- Sexual Assault with a Weapon (272(1))
There are also several offence that include a weapon as an essential element:
Firearm Possession Offences
- Unsafe Storage, Handling of a Firearm (86(1))
- Contravention of Firearm Storage Regulations (86(2))
- Carrying a Concealed Weapon (90)
- Unauthorized Possession of a Firearm (91)
- Possession of Unauthorized Firearm (92)
- Unauthorized possession in a motor vehicle (94)
- Possession of a Restricted or Prohibited Firearm (95)
- Possessing weapon obtained by commission of offence (96)
- Weapons Trafficking (99, 100)
- Unauthorized transfer (101)
- Making automatic firearm (102)
- Exporting and importing firearms (103, 104)
- Failure to report (or giving false stmt re) lost or recovered restricted/prohibited firearm (105, 107)
- Destroying or tampering with a restricted/prohibited firearm (106, 108)
- Possession of a Weapon Contrary to an Order (117.01)
Offences relating to the "possession" of firearms are subject to exemptions under s. 84(3) [re exempted firearm-like devices such as BB guns, flare guns, etc].
Firearm Use Offences
- Use of Firearm in Commission of an Offence (85)
- Pointing a Firearm (87)
- Criminal negligence causing death with a firearm (220)
- Manslaughter with a firearm (236)
- Attempted murder with a firearm (239)
- Discharging Firearm with Intent (244)
- Sexual assault with firearm (272)
- Aggravated sexual assault with a firearm (273)
- Kidnapping with a firearm (279)
- Hostage-taking with a firearm (279.1)
- Robbery with a firearm (344)
- Extortion with a firearm (346)
Defences
See Also
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