Criminal Code of Canada - section 117.01(4) - Exception

section 117.01(4)

INTRODUCTION AND BRIEF DESCRIPTION

Possessing a firearm is allowed with an authorization or licence issued under subsection 113(1).

SECTION WORDING

117.01(4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

EXPLANATION

Section 117.01(4) of the Criminal Code of Canada is an exemption clause that excludes a person from being charged with a criminal offense for possessing a firearm if that person possesses a valid authorization or license. Nevertheless, this authorization or license must be issued to the individual due to a specific order made under subsection 113(1) of the Criminal Code. People who fall under this clause are exempted from the restriction of possessing a firearm mentioned in Subsection 117.01(1) of the Criminal Code. Under Section 113(1) of the Criminal Code, a court may issue an order called a "Firearms Prohibition Order" against an individual who has been convicted of a criminal offense or if there are reasonable grounds to believe that the individual poses a threat to public safety. This order prohibits the person from possessing a firearm or any related items described in the court order. Section 117.01(4) of the Criminal Code of Canada recognizes that there may be circumstances where possession of a firearm, though prohibited by an order, is required for lawful purposes such as hunting, target shooting or for employment purposes. Thus, if the court grants the person an authorization or license to possess a firearm for legal reasons, the individual can possess it without breaching the Firearms Prohibition Order. In summary, Section 117.01(4) of the Criminal Code of Canada provides an exemption for individuals who possess a firearm in accordance with an authorization or license issued under subsection 113(1) of the Criminal Code. This exemption allows people to possess firearms for legitimate purposes without violating the Firearms Prohibition Order.

COMMENTARY

Section 117.01(4) of the Criminal Code of Canada creates an exception to subsection (1) of the same section. This subsection (1) imposes a prohibition on the possession of firearms by individuals who have been subject to a prohibition order under other provisions of the Criminal Code, such as section 109 or 110. This prohibition order may be imposed on individuals who are deemed to pose a threat to public safety or who have a history of violence. The exception created by section 117.01(4) applies only to individuals who possess a firearm in accordance with an authorization or license issued to them as a result of an order made under subsection 113(1) of the Criminal Code. This subsection provides a mechanism for individuals who have been subject to a prohibition order and who wish to possess a firearm for certain purposes, such as hunting or target shooting, to apply for an exception. Section 117.01(4) therefore recognizes the need for certain individuals who have been subject to a prohibition order to possess a firearm for legitimate reasons. It strikes a balance between ensuring public safety and respecting individual rights to pursue lawful activities, such as hunting and target shooting. However, it is important to note that the exception provided by section 117.01(4) is not absolute. It only applies to individuals who possess a firearm in accordance with an authorization or license issued under subsection 113(1), which itself contains several conditions and restrictions. For instance, the authorization or license must specify the type of firearm that the individual is authorized to possess and the purposes for which it may be used. The authorization or license may also contain other conditions, such as requirements for the storage of the firearm and restrictions on the individual's movement. Furthermore, the application process for an authorization or license under subsection 113(1) can be onerous and time-consuming. Applicants must demonstrate that they do not pose a risk to public safety and provide evidence of their need to possess a firearm. They may also be subjected to a background check and an interview with a firearms officer. Section 117.01(4) therefore reflects the government's commitment to ensuring public safety while balancing the legitimate interests of individuals who have been subject to a prohibition order. It recognizes that firearms can have a legitimate place in Canadian society, but also imposes rigorous controls to prevent their misuse. Ultimately, the effectiveness of this approach will depend on the careful enforcement and administration of the relevant provisions of the Criminal Code and associated regulations.

STRATEGY

Section 117.01(4) of the Criminal Code of Canada is an important provision that provides an exemption to individuals who possess a firearm in accordance with an authorization or license issued as the result of an order made under subsection 113(1). This provision is intended to allow certain individuals, who would otherwise be prohibited from owning or possessing firearms, to lawfully do so if they meet certain criteria. However, there are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. Firstly, it is important to understand the eligibility criteria for obtaining an authorization or license under subsection 113(1) of the Criminal Code. This provision allows individuals who are considered prohibited from owning or possessing firearms due to a criminal conviction or mental illness to apply for an exemption order, which would allow them to possess firearms under certain conditions. To be eligible for an exemption order, an individual must demonstrate that they do not pose a risk to public safety and that it is in the public interest to grant them an exemption. This can be a challenging legal and evidentiary hurdle, and it is important to have legal counsel with experience in firearms law to assist in making this application. Another strategic consideration is the need to comply strictly with the terms and conditions of the authorization or license. Failure to comply with these terms can result in the revocation of the exemption order and additional criminal charges. For example, an individual who is granted an exemption order may only be authorized to possess certain types of firearms, and only for specific purposes such as hunting or sport shooting. Any deviation from these terms could result in serious legal consequences. Therefore, individuals who are granted exemption orders must exercise great care to ensure that they comply with the terms and conditions of the order. Finally, it is essential to be aware of the risks associated with possessing firearms, even if an individual has been granted an exemption order. Possessing firearms can be a highly regulated and dangerous activity. Firearms can cause serious injury or death, and the consequences of mishandling or misusing firearms can be severe. Moreover, firearms possession can attract significant public scrutiny and controversy, particularly in situations where it is perceived as a threat to public safety. Therefore, individuals who possess firearms under exemption orders must be vigilant in their use and handling of firearms, and be prepared to face any legal or public scrutiny that may arise as a result of their possession. In conclusion, section 117.01(4) of the Criminal Code of Canada provides an important exemption for individuals who are prohibited from owning or possessing firearms. However, this exemption must be approached with care and diligence, and individuals who are granted exemption orders must navigate a complex legal landscape to ensure that they comply with the terms and conditions of the order, avoid public scrutiny, and exercise responsible and safe firearm handling practices. Legal counsel with experience in firearms law can be an invaluable resource in navigating this challenging and complex area of law.