INTRODUCTION AND BRIEF DESCRIPTION
Individuals employed by a licensed firearms business are not guilty of an offence for possessing, manufacturing or transferring partially manufactured barrelled weapons in the course of their duties.
SECTION WORDING
117.09(2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence 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, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not 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.
EXPLANATION
Section 117.09(2) of the Criminal Code of Canada provides an exception to the general prohibition on possessing, manufacturing, or transferring firearms or weapons without proper authorization. It states that individuals who are employed by a business holding a firearms license are not guilty of an offense under the Criminal Code or the Firearms Act if they possess, manufacture, or transfer partially manufactured barrelled weapons as part of their employment duties. However, this exception is subject to Section 117.1 of the Criminal Code, which outlines the requirements for businesses to obtain a license for firearms manufacturing and what they need to do to maintain compliance with the law. Therefore, this exception does not give a blank check to companies or individuals to engage in firearms manufacturing or transfer without following proper procedures. The partial manufacture of barrelled weapons is an intermediate stage in the production process where the weapon is not yet fully completed, but it is capable of causing serious bodily harm or death if handled improperly. This exception acknowledges the fact that some businesses require their employees to work with partially finished weapons during the manufacturing process, and it is not practical or desirable to require these employees to obtain individual licenses for each partially finished weapon they handle. Overall, this exception strikes a balance between public safety and the needs of businesses engaging in lawful firearms manufacturing activities. It ensures that such businesses can continue to operate without unnecessary restrictions, while providing safeguards to prevent illicit firearms from falling into the wrong hands.
COMMENTARY
Section 117.09(2) of the Criminal Code of Canada provides an exemption for individuals who are employed by businesses, which are defined in subsection 2(1) of the Firearms Act and hold a license, from being charged with an offense under the Firearms Act or Criminal Code for possessing, manufacturing, transferring or offering to manufacture or transfer a partially manufactured barrelled weapon in an unfinished state. The exemption only applies if the unfinished weapon cannot discharge a shot, bullet or other projectile but is still capable of causing serious bodily injury or death. This section of the Criminal Code is important for businesses involved in the manufacture of firearms or firearm components as it provides legal protection for their employees while they are carrying out their duties. The exemption recognizes that the possession and transfer of partially manufactured firearms is a necessary part of the manufacturing process. However, it is important to note that the exemption does not apply to individuals who are not employed by businesses that hold a firearms license. Therefore, individuals who are not employed by a licensed business and who possess, manufacture, or transfer a partially manufactured barrelled weapon can still be charged under the Firearms Act or Criminal Code. It is also important to note that the exemption applies only to partially manufactured barrelled weapons that cannot discharge a shot or projectile. Any firearms that can discharge a shot or projectile must meet the requirements of the Firearms Act, including proper licensing and registration. Overall, Section 117.09(2) of the Criminal Code provides a necessary exemption for businesses involved in the manufacture of firearms and their employees. It acknowledges that the possession and transfer of partially manufactured firearms is a necessary part of the manufacturing process and provides legal protection for those involved. However, it is important to recognize that the exemption only applies in specific circumstances and does not provide immunity for illegal possession or transfer of firearms.
STRATEGY
Section 117.09(2) of the Criminal Code of Canada grants immunity to employees of businesses that possess, manufacture, transfer or offer to manufacture or transfer partially manufactured barrelled weapons, provided that these weapons are not in a state that they can discharge any shot, bullet or projectile and that they are capable of causing serious bodily injury or death to a person. This section offers businesses that manufacture such weapons a loophole to evade prosecution and encourages them to engage in the manufacture of dangerous weapons. One of the strategic considerations when dealing with this section of the Criminal Code of Canada is to advocate for its amendment or repeal. This section of the Criminal Code of Canada does not serve the protection of civilians, and it only benefits businesses that manufacture dangerous weapons. The advocacy for amendment or repeal of the provision will require concerted efforts of lobbying relevant authorities, parliamentarians and government officials through various means such as media coverage, fact-finding missions, public campaigns and partnering with allies. Another strategic consideration is for activists, organizations and individuals to raise awareness of this provision and its implications. The public needs to be informed about this loophole that enables businesses to manufacture partly manufactured barrelled weapons that can cause serious bodily injury or death to a person and evade prosecution under the Criminal Code of Canada. Raising awareness could be done through social media, publishing reports and studies about the impacts of this provision on violence and law enforcement efforts. Another strategic consideration is for activists, organizations, and individuals to engage in campaigns to pressure businesses to stop manufacturing dangerous weapons. This campaign could be through partnerships with civil society organizations, student organizations, religious groups, and business leaders who are committed to peace, security, and the protection of life. The campaign could involve boycotts, petitions and public pressure to companies that manufacture dangerous weapons. The objective of such campaigns would be to persuade companies to stop manufacturing partially manufactured barrelled weapons that can cause serious bodily injury and death. Another strategic consideration is for civil society organizations and watchdog groups to engage in monitoring the activities of companies and their compliance with this provision of the Criminal Code of Canada. It would require consistent advocacy work, media coverage and monitoring of compliance by manufacturers. The monitoring could be in collaboration with the government, law enforcement agencies and CSOs. In conclusion, the strategic considerations when dealing with section 117.09(2) of the Criminal Code of Canada are manifold. They could involve efforts to amend or repeal the section, raising awareness about the implications of the section, campaigns to pressure companies to stop manufacturing dangerous weapons, and monitoring of compliance by manufacturers. The ultimate objective of these strategies is to protect civilians from the harmful effects of unregulated access to dangerous weapons.