Firearms Law in Canada FA5

What is the role of the Prosecutor in a criminal trial?

To present evidence and prove the accused's guilt beyond a reasonable doubt

What is the role of the Defence in a criminal trial?

To challenge the prosecution's case and defend the accused

What is the role of the Judge in a criminal trial?

To ensure a fair trial

What is Section 245 of the Criminal Code about?

Administering a noxious thing to another person

What are the possible penalties under Section 245?

Up to 14 years for intent to harm or endanger life

up to 2 years for intent to annoy or aggrieve

How many sections does the Criminal Code of Canada have?

Around 840 sections plus forms and regulations

What other statutes also contain criminal offences?

Controlled Drugs and Substances Act

When was handgun registration first required in Canada?

1934

Since when have permits to carry handguns been restricted?

Since 1968

When were fully automatic weapons banned in Canada?

1977

What does the 2nd Amendment of the U.S. Constitution state?

"The right of the people to keep and bear Arms shall not be infringed."

Who has jurisdiction over firearms laws in Canada?

The federal government

What are the goals of the 1995 Firearms Act?

To deter misuse, control access, and control specific weapons

What types of firearm-related offences are covered in the Criminal Code?

Possession, careless use, use in commission of an offence, carrying concealed weapon, trafficking

What is a firearm-related "bump-up" offence in the CCC?

A crime where use of a firearm increases the minimum penalty

How does the Criminal Code define a "weapon"?

Anything used or intended to cause injury or intimidate

How does the Criminal Code define a "firearm"?

A barrelled weapon capable of discharging a projectile causing serious injury or death

What are common challenges with firearm definitions?

Whether unloaded or broken firearms

What was the key issue in R. v. Maguire (2012)?

Whether an air pistol was considered a firearm under the law

What air guns qualify as firearms under both the Firearms Act and Criminal Code?

Those with velocity over 500 ft/s and energy over 5.7 joules

What air guns are exempt under the Firearms Act but still considered firearms under the Criminal Code?

Ones below 500 ft/s or 5.7 joules

What are the three categories of firearms under Canadian law?

Non-restricted, restricted, prohibited

What did the 1995 Firearms Act require?

National registration of firearms and licensing of owners by 2003

What is the CFC?

Canadian Firearms Centre

What is a restricted firearm in Canada?

A non-prohibited handgun

What is a prohibited firearm in Canada?

Short-barrelled handguns

Can Canadians own prohibited firearms?

Only if "grandfathered" in under specific conditions

What is Section 86 of the Criminal Code about?

Careless use

What does Section 102 of the CCC prohibit?

Manufacturing or altering firearms to be automatic

What does Section 106 of the CCC prohibit?

Failing to report destroyed firearms

What does Section 108 of the CCC prohibit?

Tampering with or possessing a firearm with an altered serial number