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Bill C-68

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Royal Assent

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	(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.
	Trafficking Offences
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.
	Assembling Offence
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.
	Export and Import Offences
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.

Bill C-68

Trafficking Offences

Assembling Offence

Export and Import Offences