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Definition of Prohibited Device and Ammunition

From Criminal Law Notebook

Prohibited Device

See also: Definition of Weapons

s. 84
...
"prohibited device" means

(a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,
(b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,
(c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(d) a cartridge magazine that is prescribed to be a prohibited device, or
(e) a replica 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; 2015, c. 3, s. 45, c. 27, s. 18.


– CCC


The regulation state this about prohibited devices:

5 The components and parts of weapons, accessories, and cartridge magazines listed in Part 4 of the schedule are prohibited devices for the purposes of paragraphs (a) and (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.


– Regs

Part 4 of the Regulations state:

PART 4

Prohibited Devices

Former Prohibited Weapons Order, No. 9
1 Any electrical or mechanical device that is designed or adapted to operate the trigger mechanism of a semi-automatic firearm for the purpose of causing the firearm to discharge cartridges in rapid succession.
2 Any rifle, shotgun or carbine stock of the type known as the “bull-pup” design[1], being a stock that, when combined with a firearm, reduces the overall length of the firearm such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position.

Former Cartridge Magazine Control Regulations

3 (1) Any cartridge magazine

(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in
(i) a semi-automatic handgun that is not commonly available in Canada,
(ii) a semi-automatic firearm other than a semi-automatic handgun,
(iii) an automatic firearm whether or not it has been altered to discharge only one projectile with one pressure of the trigger,
(iv) the firearms of the designs commonly known as the Ingram M10[2] and M11 pistols[3], and any variants or modified versions of them, including the Cobray M10[4] and M11 pistols[5], the RPB M10, M11 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols,
(v) the firearm of the design commonly known as the Partisan Avenger Auto Pistol, and any variant or modified version of it, or
(vi) the firearm of the design commonly known as the UZI pistol[6], and any variant or modified version of it, including the Micro-UZI pistol[7]; or
(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

(2) Paragraph (1)(a) does not include any cartridge magazine that

(a) was originally designed or manufactured for use in a firearm that
(i) is chambered for, or designed to use, rimfire cartridges,
(ii) is a rifle of the type commonly known as the “Lee Enfield” rifle[8], where the magazine is capable of containing not more than 10 cartridges of the type for which the magazine was originally designed, or
(iii) is commonly known as the U.S. Rifle M1 (Garand)[9] including the Beretta M1 Garand rifle, the Breda M1 Garand rifle and the Springfield Armoury M1 Garand rifle;
(b) is not a reproduction and was originally designed or manufactured for use in a firearm that
(i) is commonly known as the Charlton Rifle[10],
(ii) is commonly known as the Farquhar-Hill Rifle[11], or
(iii) is commonly known as the Huot Automatic Rifle[12];
(c) is of the “drum” type, is not a reproduction and was originally designed or manufactured for use in a firearm commonly known as
(i) the .303 in. Lewis Mark 1 machine-gun[13], or any variant or modified version of it, including the Lewis Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Lewis SS and .30 in. Savage-Lewis,
(ii) the .303 in. Vickers Mark 1 machine-gun[14], or any variant or modified version of it, including the Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Mark 4B, Mark 5, Mark 6, Mark 6* and Mark 7, or
(iii) the Bren Light machine-gun[15], or any variant or modified version of it, including the Mark 1, Mark 2, Mark 2/1, Mark 3 and Mark 4;
(d) is of the “metallic-strip” type, is not a reproduction and was originally designed or manufactured for use in conjunction with the firearm known as the Hotchkiss machine-gun[16], Model 1895 or Model 1897, or any variant or modified version of it, including the Hotchkiss machine-gun, Model 1900, Model 1909, Model 1914 and Model 1917, and the Hotchkiss machine-gun (Enfield), Number 2, Mark 1 and Mark 1*;
(e) is of the “saddle-drum” type (doppeltrommel or satteltrommel)[17], is not a reproduction and was originally designed or manufactured for use in the automatic firearms known as the MG-13, MG-15, MG-17, MG-34, T6-200 or T6-220, or any variant or modified version of it; or
(f) is of the “belt” type consisting of a fabric or metal belt, is not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945.

(3) Paragraph (1)(b) does not include any cartridge magazine that

(a) is of the “snail-drum” type (schneckentrommel) that was originally designed or manufactured for use in a firearm that is a handgun known as the Parabellum-Pistol, System Borchardt-Luger, Model 1900, or “Luger”, or any variant or modified version of it, including the Model 1902, Model 1904 (Marine), Model 1904/06 (Marine), Model 1904/08 (Marine), Model 1906, Model 1908 and Model 1908 (Artillery) pistols;
(b) was originally designed or manufactured for use in a firearm that is a semi-automatic handgun, where the magazine was manufactured before 1910;
(c) was originally designed or manufactured as an integral part of the firearm known as the Mauser Selbstladepistole C/96 (“broomhandle”)[18], or any variant or modified version of it, including the Model 1895, Model 1896, Model 1902, Model 1905, Model 1912, Model 1915, Model 1930, Model 1931, M711 and M712; or
(d) was originally designed or manufactured for use in the semi-automatic firearm that is a handgun known as the Webley and Scott Self-Loading Pistol[19], Model 1912 or Model 1915.

(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.
(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes

(a) the indentation of its casing by forging, casting, swaging or impressing;
(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or
(c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.

...
SOR/2015-213, s. 3.


– Regs

A magazine casing with a 30-round capacity and can be used in an AR15 rifle can be a "prohibited device".[1]

  1. ↑ R v Cancade, 2011 BCCA 105 (CanLII), per Hall JA

Illustrations

Suppressors (Silencers) [s. 84(c)]
Magazine > 5 cartridges for certain semi-automatics [Reg Pt 4, s. 3(1)(a)]
Bump stock [Reg Pt 4, s. 1]

Ammunition

Definitions

84. (1) In this Part,
...
“ammunition” means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell;
...
"cartridge magazine" means a device or container from which ammunition may be fed into the firing chamber of a firearm; (chargeur)
...
"prohibited ammunition" means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; (munitions prohibées)
...
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; 2015, c. 3, s. 45, c. 27, s. 18.


– CCC

Part 5 of the Regulations state:

6 The ammunition and projectiles listed in Part 5 of the schedule are prohibited ammunition for the purposes of the definition “prohibited ammunition” in subsection 84(1) of the Criminal Code.


PART 5

Prohibited Ammunition
Former Prohibited Weapons Order, No. 10

1 Any cartridge that is capable of being discharged from a commonly available semi-automatic handgun or revolver and that is manufactured or assembled with a projectile that is designed, manufactured or altered so as to be capable of penetrating body armour, including KTW, THV and 5.7 x 28 mm P-90 cartridges.

2 Any projectile that is designed, manufactured or altered to ignite on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

3 Any projectile that is designed, manufactured or altered so as to explode on impact, where the projectile is designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.

4 Any cartridge that is capable of being discharged from a shotgun and that contains projectiles known as “fléchettes” or any similar projectiles.

SOR/2015-213, s. 3.


– Regs



Evidence

Proof that the ammunition was capable of being discharged is usually done by way of the actual discharging of at least one cartridge. However, it can also be proven by way of opinion from an expert upon examination of the cartridge and the context of the finding of the cartridge. [1]

There generally is no need for expert evidence to prove that certain items fit the definition of ammunition. [2]The officer's observational description of the items as bullets should be sufficient.[3]

  1. ↑ R v Wong, 2012 ONCA 432 (CanLII), per Weiler JA at paras 38-40
  2. ↑ R v Singh, 2004 BCCA 428 (CanLII), per Hall JA, at paras 14 to 15
  3. ↑ Singh, ibid.

Common Sizes of Ammunition (Caliber and Gauge)

Caliber
Imperial Caliber .172 .204 .221 .22 .224 .243 .25 .26 .27 .284 .308 .311 .312 .323 .338 .355 .356 .357 .40 .44 .45 .50
Metric Caliber 4 mm 5 mm 5.45 mm 5.6 mm 5.7 mm 6 mm 6.35 mm 6.5 mm 6.8 mm 7 mm 7.62 mm 7.9 mm 7.94 mm 8 mm 8.6 mm 9 mm 9.3 mm 9.5 mm 10 mm 10.9 mm 11.43 mm 12.7 mm
Gauge
1 Pound / gauge = weight of lead sphere Caliber of lead sphere is then measured
gauge pounds mm inches
0.25 4 67.34 2.651
0.5 2 53.45 2.103
0.75 1 / 1 46.70 1.838
1 1 42.42 1.669
1.5 2 / 3 37.05 1.459
2 1 / 2 33.67 1.326
3 1 / 3 29.41 1.158
4 1 / 4 26.72 1.052
5 1 / 5 24.80 0.976
6 1 / 6 23.35 0.919
6.278 1 / 6.278 23.00 0.906
7 1 / 7 22.18 0.873
8 1 / 8 21.21 0.835
9 1 / 9 20.39 0.803
10 1 / 10 19.69 0.775
11 1 / 11 19.07 0.751
12 1 / 12 18.53 0.729
13 1 / 13 18.04 0.710
14 1 / 14 17.60 0.693
15 1 / 15 17.21 0.677
16 1 / 16 16.83 0.663
17 1 / 17 16.50 0.650
18 1 / 18 16.19 0.637
20 1 / 20 15.63 0.615
22 1 / 22 15.13 0.596
24 1 / 24 14.70 0.579
26 1 / 26 14.31 0.564
28 1 / 28 13.97 0.550
32 1 / 32 13.36 0.526
36 1 / 36 12.85 0.506
40 1 / 40 12.40 0.488
67.62 1 / 67.62 10.41 0.410
Table of American standard birdshot size
Size Caliber Pellets/10 g lead Pellets/10 g steel
FF 5.84 mm (.230") 8 12
F 5.59 mm (.220") 10 14
TT 5.33 mm (.210") 11 16
T 5.08 mm (.200") 13 19
BBB 4.83 mm (.190") 15 22
BB 4.57 mm (.180") 18 25
B 4.32 mm (.170") 21 30
1 4.06 mm (.160") 25 36
2 3.81 mm (.150") 30 44
3 3.56 mm (.140") 37 54
4 3.30 mm (.130") 47 68
5 3.05 mm (.120") 59 86
6 2.79 mm (.110") 78 112
7 2.41 mm (.100") 120 174
8 2.29 mm (.090") 140 202
9 2.03 mm (.080") 201 290
Table of buckshot size
Size Caliber Pellets/10 g lead
000 or LG ("triple-aught") 9.1 mm (.36") 2.2
00 or SG ("double-aught") 8.4 mm (.33") 2.9
0 ("one-aught") 8.1 mm (.32") 3.1
1 7.6 mm (.30") 3.8
2 or SSG 6.9 mm (.27") 5.2
3 6.4 mm (.25") 6.6
4 6.1 mm (.24") 7.4

Illustrations

7.62×51mm NATO Orange-tipped Full metal jacket bullet tracer ammunition in a 5-round stripper clip
Steyr-Mannlicher ACR flechette cartridge
.270 ammunition. Left to right:
100-grain (6.5 g) – hollow point
115-grain (7.5 g) – FMJBT
130-grain (8.4 g) – soft point
150-grain (9.7 g) – round nose
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