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An Act to amend the Criminal Code and the Firearms Act (S.C. 2012, c. 6)

Assented to 2012-04-05

Marginal note:2008, c. 6, s. 8(1)

5. The portion of subsection 95(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession of prohibited or restricted firearm with ammunition

  • 95. (1) Subject to subsection (3), 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, without being the holder of

Marginal note:1995, c. 39, s. 139

6. Paragraphs 106(1)(a) and (b) of the Act are replaced by the following:

  • (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

  • (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

Marginal note:1995, c. 39, s. 139

7. Subsection 108(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

Marginal note:1995, c. 39, s. 139

8. Subsections 117.03(1) and (2) of the Act are replaced by the following:

Marginal note:Seizure on failure to produce authorization

  • 117.03 (1) Despite section 117.02, a peace officer who finds

    • (a) a person in possession of a 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

    • (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

    may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

  • Marginal note:Return of seized thing on production of authorization

    (2) If a person from whom any thing is seized under subsection (1) claims the thing within 14 days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

    • (a) a licence under which the person is lawfully entitled to possess it, and

    • (b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,

    the thing shall without delay be returned to that person.