Common Sense Firearms Licensing Act (S.C. 2015, c. 27)
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Assented to 2015-06-18
R.S., c. C-46CRIMINAL CODE
Marginal note:1995, c. 39, s. 139
23. (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:
a prohibited firearm, a restricted firearm, a non-restricted 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.
Marginal note:2008, c. 6, s. 10
(2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
Marginal note:1995, c. 39, s. 139
24. (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Possession for purpose of weapons trafficking
100. (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of
Marginal note:2008, c. 6, s. 11
(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
Marginal note:1995, c. 39, s. 139
25. Subsection 101(1) of the Act is replaced by the following:
Marginal note:Transfer without authority
101. (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted 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.
Marginal note:1995, c. 39, s. 139
26. (1) Paragraph 103(1)(a) of the Act is replaced by the following:
(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
Marginal note:2008, c. 6, s. 12
(2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
Marginal note:1995, c. 39, s. 139
27. Paragraph 104(1)(a) of the Act is replaced by the following:
(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
Marginal note:1995, c. 39, s. 139
28. Paragraphs 105(1)(a) and (b) of the Act are replaced by the following:
(a) having lost a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or
(b) on finding a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.
Marginal note:1995, c. 39, s. 139
29. Subsection 107(1) of the Act is replaced by the following:
Marginal note:False statements
107. (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.
30. Subsection 109(1) of the Act is amended by adding the following after paragraph (a):
(a.1) an indictable offence in the commission of which violence was used, threatened or attempted against
(i) the person’s current or former intimate partner,
(ii) a child or parent of the person or of anyone referred to in subparagraph (i), or
(iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii),
Marginal note:1995, c. 39, s. 139
31. (1) Paragraph 110(1)(a) of the Act is replaced by the following:
(a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c), in the commission of which violence against a person was used, threatened or attempted, or
(2) Section 110 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception
(2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against
(a) the person’s current or former intimate partner;
(b) a child or parent of the person or of anyone referred to in paragraph (a); or
(c) any person who resides with the person or with anyone referred to in paragraph (a) or (b).
32. The Act is amended by adding the following after section 110:
Definition of “intimate partner”
110.1 In sections 109 and 110, “intimate partner” includes a spouse, a common-law partner and a dating partner.
Marginal note:2012, c. 6, s. 8
33. Paragraph 117.03(1)(a) of the Act is replaced by the following:
(a) a person in possession of a prohibited firearm, a restricted firearm or a non-restricted firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or
34. Section 117.15 of the Act is amended by adding the following after subsection (2):
Marginal note:Non-restricted firearm
(3) Despite the definitions “prohibited firearm” and “restricted firearm” in subsection 84(1), a firearm that is prescribed to be a non-restricted firearm is deemed not to be a prohibited firearm or a restricted firearm.
Marginal note:Restricted firearm
(4) Despite the definition “prohibited firearm” in subsection 84(1), a firearm that is prescribed to be a restricted firearm is deemed not to be a prohibited firearm.
R.S., c. 1 (2nd Supp.)RELATED AMENDMENT TO THE CUSTOMS ACT
35. Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (k):
(k.1) an official solely for the purpose of administering or enforcing the Firearms Act;
2012, c. 6CONSEQUENTIAL AMENDMENT TO THE ENDING THE LONG-GUN REGISTRY ACT
36. Subsection 30(3) of the Ending the Long-gun Registry Act is amended by replacing the paragraph 36(1)(a) that it enacts with the following:
(a) the expiry of 60 days after the importation, in the case of a non-restricted firearm; or
TRANSITIONAL PROVISION
Marginal note:Conversion of possession only licence
37. A licence that is issued under the Firearms Act and that is held by an individual referred to in paragraph 7(4)(c) of that Act, as it read immediately before the day on which this section comes into force, authorizes the holder to acquire any firearms that they are authorized to possess under the licence and that are acquired by the holder on or after that day and before the expiration or revocation of the licence.
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