section 84(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines weapons that are deemed not to be firearms for certain sections of the Criminal Code and Firearms Act.

SECTION WORDING

84(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms: (a) any antique firearm; (b) any device that is (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; (c) any shooting device that is (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

EXPLANATION

Section 84(3) of the Criminal Code of Canada provides a list of weapons that are deemed not to be firearms for specific purposes as outlined in other sections of the Act and the Firearms Act. The first exemption is for antique firearms, which are defined as guns that were manufactured before 1898 or any replica thereof. The second exemption is for devices that are designed exclusively for signalling, notifying distress, firing blank cartridges, or industrial projectiles and are intended to be used for those purposes only. The third exemption covers shooting devices that are designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals, or the discharging of projectiles with lines attached to them, and are intended to be used only for those purposes. Finally, the fourth exemption applies to other barrelled weapons that are not designed or adapted to discharge projectiles at a muzzle velocity exceeding 152.4 m per second or a muzzle energy exceeding 5.7 Joules. These exemptions allow individuals to possess and use certain types of firearms and shooting devices without being subject to the strict regulations and requirements outlined in the Criminal Code and the Firearms Act. However, it is important to note that these exemptions only apply to specific sections of the Criminal Code and Firearms Act and that possession and use of firearms outside of these exemptions may still require a license and adherence to strict regulations.

COMMENTARY

Section 84(3) of the Criminal Code of Canada is an important provision that defines certain weapons that are exempted from being classified as firearms under specific circumstances. The purpose of this section is to provide clarity and ensure that lawful gun owners are not penalized or prosecuted under the law for possessing certain types of weapons. The first type of weapon exempted by the section 84(3) is the antique firearm, which is any firearm manufactured before 1898 or any replica of such firearms. This is significant because antique firearms have a historical and cultural value that cannot be replicated, and their possession and use are protected by law. The second type of weapon exempted by the section 84(3) consists of devices designed exclusively for signaling, distress notifications, firing blank cartridges or stud cartridges, explosive-driven rivets or other industrial projectiles. These devices are not intended to cause harm or injury, but instead, they serve specific purposes, such as helping to call for help or shoot warning signals in specific situations. The third type of weapon exempted by the section 84(3) is the shooting device designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals, or the discharging of projectiles with lines attached to them. These weapons are designed and intended for specific agricultural or veterinary purposes and are not usually used for hunting or other sporting activities. The fourth type of weapon exempted by the section 84(3) is any other barrelled weapon that is designed or adapted to discharge shots, bullets, or other projectiles at specific velocities or energies. This type of weapon is not considered a firearm if it meets specific criteria set out in the section. For instance, such a weapon should not discharge a shot, bullet, or any other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules. In summary, the section 84(3) of the Criminal Code of Canada provides exemptions for certain types of weapons that are not considered to be firearms under certain circumstances. These exemptions allow lawful gun owners to possess and use certain types of weapons for specific purposes without contravening the law. This provision ensures that relevant authorities have clear guidelines on what types of weapons can be legally possessed, and it promotes responsible gun ownership and safety.

STRATEGY

Section 84(3) of the Criminal Code of Canada outlines certain weapons that are not deemed firearms. While this may seem like a simple provision, there are various strategic considerations that need to be taken into account when dealing with this section of the code. One of the key considerations is the interpretation of the term "antique firearm." This term is not expressly defined in the code, and therefore, can lead to confusion and uncertainty regarding the status of certain firearms. In practice, antique firearms are generally considered to be those that were manufactured before 1898 and are no longer in production. However, this interpretation is not always clear-cut, and disputes may arise regarding the status of certain firearms. Another important consideration is the interpretation of the phrase "intended by the person in possession of it to be used exclusively for the purpose for which it is designed." This phrase can be interpreted in different ways, and its meaning may differ depending on the context in which it is used. For example, while a shooting device may be intended for the slaughtering of domestic animals, it may also be capable of being used for other purposes, which could affect its classification as a firearm. One strategy that could be employed when dealing with Section 84(3) is to seek legal advice from a qualified expert. This may be particularly important in situations where there is uncertainty regarding the status of a particular firearm or shooting device. By seeking expert advice, individuals can ensure that they are in compliance with the law and avoid any potential legal issues. Another strategy is to be aware of any changes or updates to the law. The interpretation of Section 84(3) may evolve over time, and it is important to stay up-to-date with any new developments. This can be done by monitoring legal news and updates, as well as by consulting with legal professionals. In conclusion, Section 84(3) of the Criminal Code of Canada outlines certain weapons that are deemed not to be firearms. While this provision may seem simple, there are various strategic considerations that need to be taken into account when dealing with it. Seeking legal advice and staying informed of any changes to the law are two important strategies that can help individuals ensure that they are in compliance with the law and avoid any potential legal issues.