INTRODUCTION AND BRIEF DESCRIPTION
A person who does not report lost or stolen firearms or restricted weapons or does not report finding a firearm or weapon to a peace officer commits an offense.
SECTION WORDING
105(1) Every person commits an offence who (a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or (b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.
EXPLANATION
Section 105(1) of the Criminal Code of Canada is a provision that criminalizes the failure to report the loss or theft of a firearm, prohibited weapon, restricted weapon, or any prohibited ammunition to a peace officer, firearms officer, or chief firearms officer. The provision also requires individuals who find a lost or abandoned firearm, prohibited weapon, or any prohibited ammunition to deliver it to a peace officer, firearms officer, or chief firearms officer or report it to them. The criminalization of the failure to report the loss or theft of firearms and other related items is an important aspect of Canada's gun control laws. It aims to ensure that firearms and other weapons do not fall into the wrong hands and are not used to commit crimes. Moreover, it provides an effective way for law enforcement officers to trace and recover stolen or lost firearms that might otherwise be used in criminal activities. The provision requires that individuals report the loss or theft of firearms, prohibited weapons, restricted weapons, or any prohibited ammunition to a peace officer, firearms officer, or chief firearms officer with reasonable dispatch. This means that the report must be made as soon as possible, given the circumstances surrounding the loss or theft of the item. Additionally, the provision mandates that individuals who find a lost or abandoned firearm, prohibited weapon, or any prohibited ammunition to deliver it to a peace officer, firearms officer, or chief firearms officer as soon as possible. The reporting and delivery obligation applies to all individuals, including those who are not licensed to own or possess firearms. The penalty for breaching Section 105(1) of the Criminal Code of Canada is severe and may include imprisonment for up to five years. This underscores the seriousness of the offence and sends a clear message that the legal obligation to report lost or stolen firearms and to deliver found firearms to authorities is non-negotiable. In sum, Section 105(1) of the Criminal Code of Canada is an essential tool for law enforcement, aimed at safeguarding against the criminal use of firearms and related items. It places a legal obligation on individuals to report lost or stolen firearms and deliver found firearms to authorities, and failure to comply with these obligations may result in severe penalties.
COMMENTARY
Section 105(1) of the Criminal Code of Canada is an essential legal provision that highlights the importance of reporting lost or stolen firearms and the duty to hand over found weapons to proper authorities. This provision of the Criminal Code is applicable across Canada and applies to all firearms, restricted weapons, prohibited devices, ammunition, licenses, and registration certificates. Under this provision of the Criminal Code of Canada, two types of offenses are identified. The first offense is committed by the person who loses a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, authorization, license, or registration certificate but does not report the loss to a peace officer, chief firearms officer, or a firearms officer with reasonable dispatch. The second offense is committed by a person who finds a firearm, prohibited weapon, restricted weapon, prohibited device, or any prohibited ammunition that they have reasonable grounds to believe has been lost or abandoned but does not deliver it to a peace officer, chief firearms officer, or firearms officer with reasonable dispatch. The first offense is essential to ensure accountability of firearm owners, and failure to report such losses is detrimental to public safety. Reporting lost or stolen firearms allows the authorities to take measures to prevent criminal misuse of firearms, which can cause harm to innocent people. As such, firearm owners have a moral and ethical duty to report such missing items to the authorities without delay. Importantly, the section requires the person to report the loss with "reasonable despatch," which requires the reporting to be done swiftly and immediately after the loss is discovered. This provision ensures that the lost weapon is traced as soon as possible after the loss is reported, and there is a higher chance of recovery. The second offense is equally important because abandoned or found weapons can fall into the wrong hands, leading to dangerous situations. Therefore, the finder of a lost or abandoned weapon has an obligation to deliver the weapon to the authorities or report the finding to the appropriate authorities quickly. Moreover, people who find lost weapons and do not report them within a reasonable period may be liable to criminal charges for possessing the weapon illegally. Such charges may be even higher if the weapon is found to have been used for criminal activities. Reporting the weapon's discovery plays a significant role in preventing its further use for criminal activities, thus safeguarding the public. In conclusion, section 105(1) of the Criminal Code of Canada is an essential legal provision that enhances public safety by regulating the ownership and possession of firearms, restricted weapons, prohibited devices, and prohibited ammunition. It is crucial that firearm owners understand their legal obligations under this provision, report missing weapons or licenses promptly, and take necessary measures to prevent criminal misuse of such items. Similarly, individuals who find lost or abandoned weapons must also report them immediately to prevent potential harm or criminal use of the weapon. Compliance with this provision is thus imperative for the safety and security of the Canadian public.
STRATEGY
Section 105(1) of the Criminal Code of Canada imposes a duty on individuals to report the loss of, or abandonment of a firearm, weapon, ammunition, authorization, license, or registration certificate to a peace officer, firearms officer, or chief firearms officer. Failure to adhere to this duty may result in criminal charges. Because of this, it is important to consider strategic actions when dealing with this section of the Criminal Code. One strategic consideration is the timeframe in which an individual must report the loss or abandonment of a firearm or related item. The Criminal Code does not, in fact, provide a specific time frame, but merely requires that such reporting occur with reasonable despatch." This means that while there is no set time for reporting, individuals must report losses immediately, or as soon as it is practicable depending on the circumstances. Practically speaking, this may mean reporting within hours or days of the loss or abandonment. Given the open-ended nature of what constitutes reasonable despatch," individuals must exercise great care in ensuring they report such circumstances as soon as possible to avoid possible criminal charges. Another strategic consideration is the potential penalties that could result from failing to report a loss or abandonment. The Criminal Code stipulates that failing to report such circumstances constitutes an offense. The nature of this offense will depend on eighter the type of item or item lost or abandoned. If the item in question is a firearm, the offense is considered a hybrid offense, and hence, it is punishable by an imprisonment term that could range from six months to ten years, depending on the severity of the case. In more severe category offenses, sentences could escalate depending on the circumstances. Individuals, therefore, are encouraged to adhere to the Criminal Code to avoid severe criminal penalties. One of the strategies that could be employed to avoid issues that may lead to charges or penalties is increased awareness and education around the reporting requirements of section 105(1) of the Criminal Code. Firearms safety courses, briefings and training can go a long way in educating individuals and promoting best practices to reduce the risk of loss or abandonment of firearms. The training can also help individuals understand their legal obligations when it comes to firearms and how to comply accordingly. Another strategy would be to have a checklist that outlines the necessary steps to be taken when a firearm, weapon, or license is lost or abandoned. This checklist should include details such as the date and time of the loss, contact information for relevant authorities, and any other relevant information that could be helpful. Having such a list readily available and following it diligently may help ensure that individuals do not inadvertently forget to report a loss or abandonment, helping them comply with their legal obligations. Finally, another strategy could be to implement technology-aided tracking systems to keep track of firearms, weapons, ammunition, and licenses used within an organization by providing a clear chain of custody for every item. By keeping an electronic record of all firearms and equipment, one can quickly determine the chain of custody for any given item, making it easier to track losses or abandonments and ensuring compliance with reporting requirements. In conclusion, individuals who own firearms, weapons, ammunition, and licenses must be aware of their legal obligations regarding reporting losses and abandonments to avoid future hassles and possible criminal charges. By adhering to the regulations set out in the Criminal Code, individuals can take proactive steps to reduce the risk of loss or abandonment of firearms and promote best practices awareness in firearms safety. By promoting education and vigilance, individuals will be able to ensure the safety of themselves and others while also complying with legal requirements.