Weapons and Firearms Offences: Difference between revisions

From Criminal Law Notebook
Line 29: Line 29:
• [[Possession of a Firearm in an Unauthorized Place (Offence)|Unauthorized possession in a motor vehicle]] (94)   
• [[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)
• Possessing weapon obtained by commission of offence (96)  
[[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)
• Unauthorized transfer (s.101)   
[[Miscellaneous Firearms Offences|Unauthorized transfer]] (101)   
• Making automatic firearm (s.102), etc.
[[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 excempted firearm-like devices such as BB guns, flare guns, etc].
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==
==Firearm Use Offences==

Revision as of 11:15, 7 August 2020

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

See Definition of Weapons

Firearms

See Definition of Firearms

Weapons-related Offences

There are also several offence that include a weapon as an essential element:

Firearm Possession Offences

Unauthorized possession in a motor vehicle (94)

Possessing weapon obtained by commission of offence (96)

Unauthorized transfer (101) • Making automatic firearm (102)

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

• Criminal negligence causing death with firearm (s.220) • Manslaughter with firearm (236) • Attempted murder with firearm (s.239) • Discharging Firearm with Intent (s.244) • Sexual assault with firearm (s.272) • Aggravated sexual assault with firearm (s.273) • Kidnapping with firearm (s.279) • Hostage-taking with firearm (s.279.1)

• Extortion with firearm (346)

Defences

See Also