INTRODUCTION AND BRIEF DESCRIPTION
Individuals with a restricted firearms license and employed by businesses with a license to handle prohibited firearms are not guilty of offenses under the Criminal Code or Firearms Act while carrying out specified activities related to their employment.
SECTION WORDING
117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment in relation to those specified activities, (a) possesses a prohibited firearm, a prohibited weapon, a prohibited device or any prohibited ammunition; (b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any prohibited ammunition; (c) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger; or (d) alters a serial number on a firearm.
EXPLANATION
Section 117.09(1) of the Criminal Code of Canada provides a special exception for individuals who hold a license to acquire and possess restricted firearms and are employed by businesses authorized to carry out specified activities relating to prohibited firearms, prohibited weapons, prohibited devices, or prohibited ammunition. Such individuals are not guilty of committing an offense under the Criminal Code or Firearms Act by possessing a prohibited weapon, device, firearm, or ammunition while carrying out their duties in relation to specified activities. Additionally, this section permits such individuals to manufacture or transfer a prohibited weapon, device, or ammunition, or modify a firearm to discharge projectiles in rapid succession during one pressure of the trigger, when it's necessary for their employment in relation to the specified activities. However, individuals are not authorized to modify a firearm's serial number, which is illegal under this section. This provision recognizes that individuals who work with prohibited firearms, weapons, devices, or ammunition in the course of their employment in licensed businesses require specialized authorization and training. It exempts them from criminal liability when carrying out their duties, provided their actions fall within the scope of authorized activities. This provision seeks to ensure that businesses involved in the sale, manufacture, or transportation of prohibited firearms, weapons, devices, or ammunition operate lawfully under strict regulations, while safeguarding public safety.
COMMENTARY
Section 117.09(1) of the Criminal Code of Canada provides an exemption to individuals who hold a license to possess and acquire restricted firearms and who are employed by a business that is authorized to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. This exemption applies only when the individual is carrying out his or her duties or employment in relation to those specified activities. The exemption can be seen as a recognition by lawmakers that there are legitimate uses for prohibited firearms and prohibited devices, such as in law enforcement or military activities, or in businesses that deal with those activities. The exemption is important because it ensures that individuals who are involved in those activities are not unfairly criminalized for possessing or dealing with prohibited firearms or devices. The exemption also imposes strict limits on the activities that can be carried out by individuals who benefit from it. For example, individuals are only allowed to possess or manufacture prohibited firearms, devices or ammunition in the course of their duties or employment. They must not keep these items for any personal use or for any other unauthorized activities. This ensures that the exemption is not abused by individuals who might use it to obtain or trade in prohibited items for their own purposes. The exemption also sets out limits on the types of activities that individuals can engage in. For example, individuals cannot alter a firearm so that it is capable of, or manufacture or assemble any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger. This type of activity is prohibited under the exemption because it could potentially lead to the creation of dangerous firearms that could be used for criminal purposes. Overall, the exemption provided under section 117.09(1) is a necessary provision that recognizes the legitimate uses of prohibited firearms and devices, while also imposing strict limits on the activities that can be carried out by individuals who benefit from it. It ensures that individuals who are involved in law enforcement and other activities that deal with prohibited firearms and devices are not unfairly criminalized, while also protecting the safety of the public by limiting the activities that can be carried out under this exemption.
STRATEGY
Section 117.09(1) of the Criminal Code of Canada provides an exemption for individuals who hold a license to possess and acquire restricted firearms and are employed by a business that holds a license to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. The exemption protects these individuals from being guilty of an offense under the Criminal Code or the Firearms Act, by reason only that they possess, manufacture, alter or transfer prohibited firearms, prohibited weapons, prohibited devices, or prohibited ammunition in the course of their employment. One of the key strategic considerations when dealing with this section of the Criminal Code is the need to ensure that both the individual and the business hold the relevant licenses and comply with the conditions attached to those licenses. Failure to comply with the licensing requirements may result in the loss of the exemption, which could expose the individual and the business to significant legal penalties. Another important strategic consideration is the need to establish clear policies and procedures for the handling, storage, and disposal of prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. These policies should reflect best practices in the industry, and should be regularly reviewed and updated as needed to ensure that they remain effective and relevant. In addition to these considerations, there are also several strategies that could be employed to maximize the benefits of the exemption. For example, businesses may consider partnering with other licensed businesses to increase their capacity to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. They may also consider investing in training and education programs to ensure that employees have the skills and knowledge needed to comply with relevant laws and regulations. Another strategy that could be employed is to participate in industry associations or other forums that provide opportunities for networking, information sharing, and advocacy. These organizations can play an important role in influencing government policy and regulatory frameworks, and in promoting the interests of their members. Overall, the exemption provided by section 117.09(1) of the Criminal Code of Canada can be a valuable tool for businesses and individuals who are involved in activities related to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. By taking a strategic approach and implementing effective policies and procedures, businesses can maximize the benefits of the exemption while minimizing the risk of legal penalties.