Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-04-29 and last amended on 2013-03-27. Previous Versions

Marginal note: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.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) where the object in question is a 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

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (3) In any other case, a person who commits an offence under subsection (1) 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 one year.

  • R.S., 1985, c. C-46, s. 100;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F);
  • 1990, c. 16, s. 2, c. 17, s. 8;
  • 1991, c. 40, s. 12;
  • 1992, c. 51, s. 33;
  • 1995, c. 22, ss. 10, 18(F), c. 39, s. 139;
  • 1996, c. 19, s. 65;
  • 2008, c. 6, s. 11.
Previous Version
Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 101;
  • 1991, c. 40, s. 13;
  • 1995, c. 39, s. 139.

Assembling Offence

Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 102;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1991, c. 28, s. 9, c. 40, s. 14;
  • 1995, c. 39, s. 139.