History of Weapons Trafficking (Offence): Difference between revisions
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{{seealso|Weapons Trafficking (Offence)}} | {{seealso|Weapons Trafficking (Offence)}} | ||
===2015 to present=== | ===2015 to present=== | ||
{{ | {{quotation1| | ||
; Weapons trafficking | ; Weapons trafficking | ||
99 (1) Every person commits an offence who | 99 (1) Every person commits an offence who | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Possession for purpose of weapons trafficking | ; Possession for purpose of weapons trafficking | ||
100 (1) Every person commits an offence who possesses a <u>prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition</u> for the purpose of | 100 (1) Every person commits an offence who possesses a <u>prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition</u> for the purpose of | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Transfer without authority | ; Transfer without authority | ||
101 (1) Every person commits an offence who transfers <u>a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition</u> to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. | 101 (1) Every person commits an offence who transfers <u>a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition</u> to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Making automatic firearm | ; 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. | 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. | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Importing or exporting knowing it is unauthorized | ; Importing or exporting knowing it is unauthorized | ||
103 (1) Every person commits an offence who imports or exports | 103 (1) Every person commits an offence who imports or exports | ||
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===2008 to 2015=== | ===2008 to 2015=== | ||
{{ | {{quotation1| | ||
; Weapons trafficking | ; Weapons trafficking | ||
99. (1) Every person commits an offence who | 99. (1) Every person commits an offence who | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Possession for purpose of weapons trafficking | ; Possession for purpose of weapons trafficking | ||
100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of | 100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of | ||
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{{ | {{quotation1| | ||
; Importing or exporting knowing it is unauthorized | ; Importing or exporting knowing it is unauthorized | ||
103. (1) Every person commits an offence who imports or exports | 103. (1) Every person commits an offence who imports or exports | ||
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===1995 to 2008=== | ===1995 to 2008=== | ||
{{ | {{quotation1| | ||
; Weapons trafficking | ; Weapons trafficking | ||
99. (1) Every person commits an offence who | 99. (1) Every person commits an offence who | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Possession for purpose of weapons trafficking | ; Possession for purpose of weapons trafficking | ||
100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of | 100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Transfer without authority | ; Transfer without authority | ||
101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. | 101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament. | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Making automatic firearm | ; 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. | 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. | ||
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}} | }} | ||
{{ | {{quotation1| | ||
; Importing or exporting knowing it is unauthorized | ; Importing or exporting knowing it is unauthorized | ||
103. (1) Every person commits an offence who imports or exports | 103. (1) Every person commits an offence who imports or exports | ||
Revision as of 13:19, 28 January 2020
- < Criminal Law
- < Legislative History
History
2015 to present
- Weapons trafficking
99 (1) Every person commits an offence who
- (a) manufactures or transfers, whether or not for consideration, or
- (b) offers to do anything referred to in paragraph (a) in respect of
a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition 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 any 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, any ammunition 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
(3) 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.
R.S., 1985, c. C-46, s. 99; 1995, c. 39, s. 139; 2008, c. 6, s. 10; 2015, c. 27,s. 23.– CCC
- Possession for purpose of weapons trafficking
100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of
- (a) transferring it, whether or not for consideration, or
- (b) offering to transfer it,
knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any 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, any ammunition 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
(3) 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.
R.S., 1985, c. C-46, s. 100; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F); 1990, c. 16, s. 2, c. 17, s. 8; 1991, c. 40, s. 12; 1992, c. 51, s. 33; 1995, c. 22, ss. 10, 18(F), c. 39, s. 139; 1996, c. 19, s. 65; 2008, c. 6, s. 11; 2015, c. 27,s. 24.– CCC
- Transfer without authority
101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person 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.
R.S., 1985, c. C-46, s. 101; 1991, c. 40, s. 13; 1995, c. 39, s. 139; 2015, c. 27,s. 25.
– CCC
- 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 and liable to imprisonment for a term not exceeding one year.
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.
– CCC
- 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.
- Attorney General of Canada may act
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
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.– CCC
2008 to 2015
- Weapons trafficking
99. (1) Every person commits an offence who
- (a) manufactures or transfers, whether or not for consideration, or
- (b) offers to do anything referred to in paragraph (a) in respect of
a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition 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 any Act of Parliament.
; Punishment — firearm (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition 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 (3) 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.
R.S., 1985, c. C-46, s. 99; 1995, c. 39, s. 139; 2008, c. 6, s. 10.– CCC
- Possession for purpose of weapons trafficking
100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of
- (a) transferring it, whether or not for consideration, or
- (b) offering to transfer it,
knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.
; Punishment — firearm (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition 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 (3) 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.
R.S., 1985, c. C-46, s. 100; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F); 1990, c. 16, s. 2, c. 17, s. 8; 1991, c. 40, s. 12; 1992, c. 51, s. 33; 1995, c. 22, ss. 10, 18(F), c. 39, s. 139; 1996, c. 19, s. 65; 2008, c. 6, s. 11.– CCC
- Importing or exporting knowing it is unauthorized
103. (1) Every person commits an offence who imports or exports
- (a) a 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) where the object in question is a 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.
- Attorney General of Canada may act
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s. 139; 2008, c. 6, s. 12.– CCC
1995 to 2008
- Weapons trafficking
99. (1) Every person commits an offence who
- (a) manufactures or transfers, whether or not for consideration, or
- (b) offers to do anything referred to in paragraph (a) in respect of
a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition 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 any Act of Parliament.
- Punishment
(2) Every person who commits an offence under subsection (1) 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.
R.S., 1985, c. C-46, s. 99; 1995, c. 39, s. 139.–
- Possession for purpose of weapons trafficking
100. (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of
- (a) transferring it, whether or not for consideration, or
- (b) offering to transfer it,
knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.
- Punishment
(2) Every person who commits an offence under subsection (1) 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.
R.S., 1985, c. C-46, s. 100; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F); 1990, c. 16, s. 2, c. 17, s. 8; 1991, c. 40, s. 12; 1992, c. 51, s. 33; 1995, c. 22, ss. 10, 18(F), c. 39, s. 139; 1996, c. 19, s. 65.–
- Transfer without authority
101. (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person 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.
R.S., 1985, c. C-46, s. 101; 1991, c. 40, s. 13; 1995, c. 39, s. 139.
– CCC
- 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 and liable to imprisonment for a term not exceeding one year.
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.
– CCC
- Importing or exporting knowing it is unauthorized
103. (1) Every person commits an offence who imports or exports
- (a) a 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
(2) Every person who commits an offence under subsection (1) 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.
- Attorney General of Canada may act
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s. 139.– CCC