|
|
(b) in the case of a prohibited weapon, a
restricted weapon, a prohibited device or
any prohibited ammunition,
|
|
|
|
(i) the person or any other occupant of the
motor vehicle is the holder of an
authorization or a licence under which
the person or other occupant may
transport the prohibited weapon,
restricted weapon, prohibited device or
prohibited ammunition, or
|
|
|
|
(ii) the person had reasonable grounds to
believe that any other occupant of the
motor vehicle was
|
|
|
|
(A) the holder of an authorization or a
licence under which the other
occupant may transport the prohibited
weapon, restricted weapon, prohibited
device or prohibited ammunition, or
|
|
|
|
(B) a person who could not be
convicted of an offence under this Act
by reason of sections 117.07 to 117.1
or any other 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 ten years; or
|
|
|
|
(b) is guilty of an offence punishable on
summary conviction.
|
|
| Exception
|
(3) Subsection (1) does not apply to an
occupant of a motor vehicle who, on
becoming aware of the presence of the
firearm, prohibited weapon, restricted
weapon, prohibited device or prohibited
ammunition in the motor vehicle, attempted to
leave the motor vehicle, to the extent that it
was feasible to do so, or actually left the motor
vehicle.
|
|
| Exception
|
(4) Subsection (1) does not apply to an
occupant of a motor vehicle where the
occupant or any other occupant of the motor
vehicle is a person who came into possession
of the firearm, prohibited weapon, restricted
weapon, prohibited device or prohibited
ammunition by the operation of law.
|
|
| Borrowed
firearm for
sustenance
|
(5) Subsection (1) does not apply to an
occupant of a motor vehicle where the
occupant or any other occupant of the motor
vehicle is a person who possesses a firearm
that is neither a prohibited firearm nor a
restricted firearm and who is not the holder of
a registration certificate for the firearm if the
person
|
|
|
|
(a) has borrowed the firearm;
|
|
|
|
(b) is the holder of a licence under which the
person may possess it; and
|
|
|
|
(c) is in possession of the firearm to hunt or
trap in order to sustain the person or the
person's family.
|
|
| Possession of
prohibited or
restricted
firearm with
ammunition
|
95. (1) Subject to subsection (3) and section
98, every person commits an offence who, in
any place, possesses a loaded prohibited
firearm or restricted firearm, or an unloaded
prohibited firearm or restricted firearm
together with readily accessible ammunition
that is capable of being discharged in the
firearm, unless the person is the holder of
|
|
|
|
(a) an authorization or a licence under
which the person may possess the firearm in
that place; and
|
|
|
|
(b) the registration certificate for the
firearm.
|
|
| 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.
|
|
| Exception
|
(3) Subsection (1) does not apply to a person
who is using the firearm under the direct and
immediate supervision of another person who
is lawfully entitled to possess it and is using
the firearm in a manner in which that other
person may lawfully use it.
|
|
| Possession of
weapon
obtained by
commission
of offence
|
96. (1) Subject to subsection (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.
|
|
| 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.
|
|
| Exception
|
(3) Subsection (1) 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.
|
|
| Sale of
cross-bow to
person
without
licence
|
97. (1) Every person commits an offence
who at any time sells, barters or gives a
cross-bow to another person, unless the other
person produces for inspection by the person
at that time a licence that the person has no
reasonable grounds to believe is invalid or was
issued to anyone other than the other person.
|
|
| 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 two years; or
|
|
|
|
(b) is guilty of an offence punishable on
summary conviction.
|
|
| Exception
|
(3) Subsection (1) does not apply to a person
who lends a cross-bow to another person while
that other person is under the direct and
immediate supervision of a person who may
lawfully possess it.
|
|
| Transitional
- licences
|
98. (1) Every person who, immediately
before the coming into force of any of
subsections 91(1), 92(1), 93(1), 94(1) and
95(1), possessed a firearm without a firearms
acquisition certificate because
|
|
|
|
(a) the person possessed the firearm before
January 1, 1979, or
|
|
|
|
(b) the firearms acquisition certificate
under which the person had acquired the
firearm had expired,
|
|
|
|
shall be deemed for the purposes of that
subsection to be, until January 1, 2001 or such
other earlier date as is prescribed, the holder
of a licence under which the person may
possess the firearm.
|
|
| Transitional
- licences
|
(2) Every person who, immediately before
the coming into force of any of subsections
91(1), 92(1), 93(1), 94(1) and 95(1), possessed
a firearm and was the holder of a firearms
acquisition certificate shall be deemed for the
purposes of that subsection to be, until January
1, 2001 or such other earlier date as is
prescribed, the holder of a licence under
which the person may possess the firearm.
|
|
| Transitional
- registration
certificates
|
(3) Every person who, at any particular time
between the coming into force of subsection
91(1), 92(1) or 94(1) and the later of January
1, 1998 and such other date as is prescribed,
possesses a firearm that, as of that particular
time, is not a prohibited firearm or a restricted
firearm shall be deemed for the purposes of
that subsection to be, until January 1, 2003 or
such other earlier date as is prescribed, the
holder of a registration certificate for that
firearm.
|
|
|
|
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
|
|
|
|
| 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.
|
|
|
|
|
|
| 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.
|
|
| Unauthorized
importing or
exporting
|
104. (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,
|
|
|
|
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.
|
|
| 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.
|
|