While firearm-related violent crime accounts for a relatively small proportion of all violent crime in Canada, it can have considerable physical, emotional, and psychological effects on those who are victimized, on families, and on the community. As a result, firearm-related violent crime is a significant social concern. In addition, about one in five (21%) firearm-related deaths in Canada is the result of a criminal offence, while the majority (79%) are the result of suicide, accident, or legal intervention.
What Laws Control Firearms in Canada?
Primarily firearms are regulated by the Firearms Act and by Part III of the Criminal Code. The Firearms Act set out the rules for possessing a firearm whereas …show more content…
For example, provinces are responsible for regulating hunting. They may put restrictions on where hunting can take place and on the caliber or gauge of firearms that may be used for hunting particular game.
What Is Considered To Be A Firearm For Purposes Of The Firearms Act And For Offences Related To The Firearms Act In The Criminal Code?
According to Section 2 of the Criminal Code, “firearm” means:
• 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, as well as
• anything that can be adapted for use as a firearm.
Purchasing a Firearm
In order to purchase firearms in Canada, you must obtain a Possession and Acquisition Licence (PAL).
The steps required to obtain this licence are as …show more content…
However, recently in R v. Nur [2015] 1 SCR 773, 2015 SCC 15 the Supreme Court of Canada struck down the three-year and five-year mandatory minimum sentences for first and subsequent offences, respectively under this section due to it being unconstitutional labelling the law cruel and unusual .
In R. v. Hasselwander, [1993] 2 S.C.R. 398 the Supreme Court of Canada determined that a submachine gun is classified as a prohibited weapon within the meaning of s. 84 of the Criminal Code. The judge held that since the gun was readily convertible from semi‑automatic to fully automatic, it was "capable of firing bullets in rapid succession upon single pressure of the trigger" and concluded that it was a "prohibited weapon" within the meaning of s. 84(1). The court concluded that the word "capable" means "capable in its present condition" rather than a capability which could be achieved of an adaptation of the weapon and set aside the forfeiture