Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Tampering with serial number

• 108. (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person,

  • (a) alters, defaces or removes a serial number on a firearm; or

  • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

• 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.

• 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:Evidence

  (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

Marginal note:Mandatory prohibition order

• 109. (1) Where a person is convicted, or discharged under section 730, of

  • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

  • (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

  • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

  • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

  the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

• Marginal note:Duration of prohibition order — first offence

  (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

  • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

    • (i) begins on the day on which the order is made, and

    • (ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

  • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

• Marginal note:Duration of prohibition order — subsequent offences

  (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

• Definition of “release from imprisonment”

  (4) In subparagraph (2)(a)(ii), “release from imprisonment” means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

• Marginal note:Application of ss. 113 to 117

  (5) Sections 113 to 117 apply in respect of every order made under subsection (1).