POSSESSING AND TRAFFICKING ARMS IN CANADA – EXPLAINED

Illegal Possession And Trafficking Of Arms In Canada

Illegal possession and trafficking of arms are regulated under strict provisions of the Arms Regulations and the Criminal Code of Canada. Given the rising concerns over arms-related crimes and violence, Canada has implemented robust mechanisms to curb the import and export of arms through stringent border controls and investigative procedures, as outlined in the Canadian Customs Act.

What Are Arms?

Arms can be broadly categorized into two primary forms: weapons and firearms.

A weapon is defined under the Criminal Code of Canada as:

“weapon means anything used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, anything used, designed to be used or intended for use in binding or tying up a person against their will.”

A firearm is defined as:

“a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.”

Possession Of Firearms And Their Categories

In order to legally possess a firearm in Canada, an individual must hold a Possession and Acquisition Licence (PAL). The Firearms Act of Canada categorizes firearms into three classes:

• Non-Restricted: Includes rifles and shotguns. These typically require a PAL and registration.
• Restricted: Includes most handguns and certain types of semi-automatic long guns. These are subject to stricter storage and transportation rules.
• Prohibited: This class includes fully automatic firearms, certain handguns, and modified weapons. Possession of a prohibited firearm is a serious criminal offence.

Arms Trafficking Defined

Arms trafficking refers to the unauthorized sale, export, import, or manufacture of weapons or firearms. The Canada Border Services Agency (CBSA) has extensive powers to confiscate arms suspected to lack proper documentation or licensing, or that are linked to criminal activity. Under section 117.03 of the Criminal Code, law enforcement can seize any weapon or firearm lacking proper authorization.

Penalties For Trafficking

Penalties for weapons trafficking are set out in the Criminal Code:

• Section 99(2) addresses the unauthorized manufacture or transfer of firearms or ammunition.
• Section 103(1) pertains to unauthorized export or import of firearms.

A person convicted under these sections is guilty of an indictable offence and liable to:

• Imprisonment for up to 14 years;
• A minimum sentence of:
  • Three years for a first offence;
  • Five years for any subsequent offence.

Additional consequences may include forfeiture of property, travel restrictions, and revocation of any authorization to possess weapons.

Legal Process

Handling a weapons or firearms trafficking case in Canada typically involves several steps:

1. Investigation by law enforcement;
2. Arrest upon substantiated suspicion;
3. Formal charges under the Criminal Code;
4. Trial proceedings.

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