INTRODUCTION AND BRIEF DESCRIPTION
Employees of museums with firearms licences are not guilty of an offence under the Firearms Act for possessing or transferring antique firearms that resemble real firearms if they have been trained to handle them.
SECTION WORDING
117.09(4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum 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 or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm.
EXPLANATION
Section 117.09(4) of the Criminal Code of Canada provides an exemption for individuals employed by museums that hold a firearms license. This section states that such individuals shall not be held guilty of an offence under the Criminal Code or the Firearms Act if they possess or transfer an antique firearm in the course of their duties or employment. The exemption applies to firearms that are designed or intended to closely resemble an antique firearm and only if the individual has received proper training in handling and using such firearms. This training requirement is important because antique firearms often require specialized knowledge and handling techniques due to their age and unique characteristics. The purpose of this exemption is to recognize the importance of museums in preserving history and culture through the display of antique firearms. It allows museum employees to handle and transfer such firearms without fear of being prosecuted for a firearm-related offence. It should be noted that this exemption is subject to section 117.1 of the Criminal Code, which imposes certain conditions on the storage, transportation, and transfer of firearms. Museum employees must comply with these conditions even if they are exempt from prosecution under section 117.09(4). Overall, this section provides a necessary exemption for museum employees who handle and transfer antique firearms in the course of their duties. It strikes a balance between public safety and the preservation of cultural artifacts.
COMMENTARY
Section 117.09(4) of the Criminal Code of Canada exempts individuals employed by museums that hold firearms licences from being charged with an offence under the Firearms Act or the Criminal Code for possessing antique firearms that resemble modern firearms. This provision also extends to the transfer of such firearms as long as the individual has been trained to handle and use them. This exemption reflects the unique role that museums play as custodians of cultural and historical artifacts. Firearms, both antique and modern, are a significant part of human history, and museums are responsible for preserving and displaying them for educational and cultural purposes. However, as modern firearms can pose a significant risk to public safety, regulations exist to control their possession and use. Antique firearms that resemble modern firearms can also be used for criminal purposes, leading to a need for their regulation as well. The exemption provided by section 117.09(4) strikes a balance between preserving cultural heritage and ensuring public safety. It acknowledges that museum employees require access to antique firearms to fulfill their duties, including handling and display. However, it also ensures that those individuals possessing these firearms are trained in their safe use and handling, minimizing the potential risk to the public. The provision only applies to museums that hold firearms licences, ensuring that the exemption is limited to institutions that have met the necessary requirements for safe storage and handling of firearms. This further strengthens the public safety element of the exemption. In conclusion, section 117.09(4) of the Criminal Code of Canada provides an important exemption for museum employees to handle and possess antique firearms that resemble modern firearms. The exemption balances the preservation of cultural heritage with public safety by ensuring that the individuals possessing and transferring these firearms are properly trained and are associated with institutions that meet the necessary requirements for safe firearm storage and handling.
STRATEGY
Section 117.09(4) of the Criminal Code of Canada provides a specific exemption for employees of museums possessing and transferring antique firearms that resemble modern firearms. This section is designed to ensure that employees of museums can handle and use such firearms without fear of prosecution for an offense under the Criminal Code or the Firearms Act. When dealing with section 117.09(4), museums need to take several strategic considerations into account. The following are some of the strategies that museums can use to deal with this section effectively: 1. Staff Training: The first strategy that museums must employ is to ensure that their staff have appropriate training in the handling and use of antique firearms that resemble modern firearms. This training will help ensure that staff can use these firearms safely and responsibly. 2. Licensing Requirements: The museum must hold a license to possess firearms, as required under Section 2(1) of the Firearms Act, in order to enable the exemption mentioned in Section 117.09(4). It is important that the museum complies with these requirements. 3. Record-keeping: The museum should maintain accurate records of all antique firearms in their possession. This includes details on ownership, specifications, and use. Such records are essential for legal purposes and to ensure that the museum can meet its accountability requirements. 4. Security Measures: The museum must ensure that all antique firearms are stored securely to prevent unauthorized access. Any incidents of loss or theft of antique firearms should be reported to the authorities immediately. 5. Risk Management: The museum needs to consider the level of risk associated with handling firearms that resemble modern firearms and take appropriate measures to mitigate such risks. This includes identifying potential hazards and developing procedures to deal with them. 6. Legal and Regulatory Compliance: The museum must ensure that it complies with all legal and regulatory requirements, including the Criminal Code and the Firearms Act. This includes obtaining the necessary permits and licenses and adhering to all other legal requirements. 7. Public Safety: The museum should prioritize public safety while dealing with antique firearms that resemble modern firearms. This includes creating awareness and education programs relating to the safe use and handling of firearms in the museum. In conclusion, section 117.09(4) of the Criminal Code of Canada provides a specific exemption for employees of museums handling antique firearms that resemble modern firearms. Museums must take several strategic considerations into account while dealing with this section, including staff training, licensing, record-keeping, security measures, risk management, compliance, and public safety. By following these strategies, museums can ensure that they handle firearms safely and lawfully and act in the best interests of public safety.