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Bill C-68

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Royal Assent

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Meaning of ``holder''	(4) For the purposes of this Part, a person is the holder of
	(a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and
	(b) a registration certificate for a firearm if
	(i) the registration certificate has been issued to the person and the person continues to hold it, or
	(ii) the person possesses the registration certificate with the permission of its lawful holder.
	Use Offences
Using firearm in commission of offence	85. (1) Every person commits an offence who uses a firearm
	(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent - firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),
	(b) while attempting to commit an indictable offence, or
	(c) during flight after committing or attempting to commit an indictable offence,
	whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm.
Using imitation firearm in commission of offence	(2) Every person commits an offence who uses an imitation firearm
	(a) while committing an indictable offence,
	(b) while attempting to commit an indictable offence, or
	(c) during flight after committing or attempting to commit an indictable offence,
	whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Punishment	(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
	(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year;
	(b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and
	(c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.
Sentences to be served consecutively	(4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).
Careless use of firearm, etc.	86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
Contravention of storage regulations, etc.	(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.
Punishment	(3) Every person who commits an offence under subsection (1) or (2)
	(a) is guilty of an indictable offence and liable to imprisonment
	(i) in the case of a first offence, for a term not exceeding two years, and
	(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
	(b) is guilty of an offence punishable on summary conviction.
Pointing a firearm	87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
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.
	Possession Offences
Possession of weapon for dangerous purpose	88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing 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; or
	(b) is guilty of an offence punishable on summary conviction.
Carrying weapon while attending public meeting	89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
Carrying concealed weapon	90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.
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.
Unauthorized possession of firearm	91. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm, unless the person is the holder of
	(a) a licence under which the person may possess it; and
	(b) a registration certificate for the firearm.
Unauthorized possession of prohibited weapon or restricted weapon	(2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless the person is the holder of a licence under which the person may possess it.
Punishment	(3) Every person who commits an offence under subsection (1) or (2)
	(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.
Exceptions	(4) Subsections (1) and (2) do not apply to
	(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
	(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
	(i) lawfully disposes of it, or
	(ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.
Borrowed firearm for sustenance	(5) Subsection (1) does not apply to 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 firearm knowing its possession is unauthorized	92. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of
	(a) a licence under which the person may possess it; and
	(b) a registration certificate for the firearm.
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized	(2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
Punishment	(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
	(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
	(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
	(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
Exceptions	(4) Subsections (1) and (2) do not apply to
	(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
	(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
	(i) lawfully disposes of it, or
	(ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.
Borrowed firearm for sustenance	(5) Subsection (1) does not apply to 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.
Evidence for previous conviction	(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112.1(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
Possession at unauthorized place	93. (1) Subject to subsection (3) and section 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is
	(a) indicated on the authorization or licence as being a place where the person may not possess it;
	(b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or
	(c) other than a place where it may be possessed under the Firearms Act.
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.
Exception	(3) Subsection (1) does not apply to a person who possesses a replica firearm.
Unauthorized possession in motor vehicle	94. (1) Subject to subsections (3) to (5) and section 98, every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless
	(a) in the case of a firearm,
	(i) the person or any other occupant of the motor vehicle is the holder of
	(A) an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and
	(B) a registration certificate for the firearm,
	(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of
	(A) an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and
	(B) a registration certificate for the firearm, or
	(iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was 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; and

Bill C-68

Use Offences

Possession Offences