INTRODUCTION AND BRIEF DESCRIPTION
The Minister of Public Safety and Emergency Preparedness may prescribe terms and conditions for possession, sale, or purchase of certain devices or components.
SECTION WORDING
191(3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe.
EXPLANATION
Section 191(3) of the Criminal Code of Canada outlines the terms and conditions that may be imposed by the Minister of Public Safety and Emergency Preparedness on a license issued for the possession, sale, or purchase of a device or component described in subsection (1). Subsection (1) of this section deals with the prohibition of the sale or possession of certain "prohibited devices" such as silencers, switchblades, and other dangerous weapons. The prohibition is aimed at preventing the use of such devices in criminal activity, as they can be used to cause harm to individuals or property. Subsection (2)(d) of this section, on the other hand, allows for the possession, sale, or purchase of these devices or components under certain circumstances, provided that the person has a valid license to do so. This license is issued by the Minister of Public Safety and Emergency Preparedness and is subject to the terms and conditions that may be prescribed. Essentially, section 191(3) gives the Minister of Public Safety and Emergency Preparedness the power to impose specific terms and conditions on the license that a person needs to possess, sell, or purchase a prohibited device. These terms and conditions could cover aspects such as storage, transportation, and safety protocols related to the use of these devices. Overall, section 191(3) of the Criminal Code of Canada helps to regulate and control the possession, sale, and purchase of prohibited devices and ensure that such devices are only in the hands of responsible individuals who are licensed to use them. By providing the Minister with the power to impose terms and conditions, the section helps to ensure the safe use of these devices and protect the public from their potential misuse.
COMMENTARY
Section 191(3) of the Criminal Code of Canada deals with the restrictions and regulations regarding the possession, sale, and purchase of certain devices and components. The section states that a license can be issued by the Minister of Public Safety and Emergency Preparedness for the possession of these devices and components. However, the license can contain specific terms and conditions relating to their possession, sale, or purchase. The devices and components referred to in this section are often used in the creation and modification of firearms. This includes silencers, bump stocks, and certain parts that can enhance the performance or capacity of a firearm. The purpose of these regulations is to control the proliferation of illegally modified firearms, which can pose a serious threat to public safety. Under Section 191(1), it is illegal to manufacture, sell, or possess any device or component that is specifically designed or adapted to enhance the performance of a firearm. This includes silencers, bump stocks, and certain parts that can increase the rate of fire or the capacity of a firearm. These restrictions exist to prevent the modification of firearms for criminal purposes, including gang violence, mass shootings, and other forms of gun violence. The restrictions in Section 191(1) are critical in preventing the proliferation of illegal firearms, but they can also make it difficult for legitimate gun owners to obtain the components they need for their firearms. This is why Section 191(3) was added to the Criminal Code of Canada. This section allows legitimate gun owners to obtain a license for the possession of these components and devices. However, the license can contain specific terms and conditions that must be followed by the licensee. These conditions can vary depending on the device or component being possessed and the situation in which it is being used. For example, a licensee may be required to keep the device or component in a secure location, report the sale or transfer of the device or component, or obtain additional approval before modifying or adapting the device or component. The Minister of Public Safety and Emergency Preparedness has the power to prescribe these terms and conditions, which ensures that they are tailored to the specific device or component in question. This allows the government to provide more comprehensive control over the use of these devices and components, without infringing on the rights of legitimate gun owners. In summary, Section 191(3) of the Criminal Code of Canada is a critical provision in controlling the proliferation of illegally modified firearms. It provides a mechanism for legitimate gun owners to possess the devices and components they need, while ensuring that appropriate restrictions and regulations are in place. As gun violence remains a serious issue in Canada and around the world, it is essential to have these types of regulations in place to protect the public and prevent criminal activity.
STRATEGY
Section 191(3) of the Criminal Code of Canada is an important provision that permits the Minister of Public Safety and Emergency Preparedness to prescribe terms and conditions relating to the possession, sale, or purchase of a device or component described in subsection (1). This provision is critical in regulating the possession and use of dangerous weapons and components that could be used to cause harm to others. From a strategic standpoint, there are several considerations that one should bear in mind when dealing with this section of the Criminal Code of Canada. Firstly, it is essential to recognize that the Minister of Public Safety and Emergency Preparedness has broad discretion in prescribing terms and conditions relating to the possession, sale, or purchase of dangerous weapons and components. As such, individuals or entities seeking to obtain licenses for such purposes should be prepared to comply with any terms and conditions imposed by the Minister, and should be aware of any limitations or restrictions placed on their possession, sale, or use of such devices. Failure to comply with such conditions may result in revocation of the license and potential criminal liability. Another strategic consideration is the need to balance public safety concerns with legitimate uses of certain weapons and components. While it is undoubtedly important to regulate the possession and use of dangerous devices and components, it is also crucial to ensure that individuals or entities engaged in legitimate activities are not unduly burdened or prevented from engaging in such activities. This requires a careful balancing of competing interests and may require engagement with various stakeholders, including industry representatives, law enforcement agencies, and public safety officials, among others. In terms of strategies that could be employed, one approach is to engage proactively with the Minister of Public Safety and Emergency Preparedness and other relevant stakeholders to ensure that any terms and conditions prescribed are reasonable and appropriate given the nature of the activity in question. This may involve providing evidence or data to support the need for certain types of devices or components, or advocating for specific safeguards or conditions to be included in any licensing scheme. Additionally, it may be necessary to engage in ongoing dialogue with relevant authorities to ensure that the licensing regime remains current and effective in addressing public safety concerns. Another potential strategy is to seek legal advice or representation when dealing with this section of the Criminal Code of Canada. Legal professionals with expertise in this area can provide valuable guidance and advocacy when seeking licenses or compliance with existing laws and regulations. Overall, effective management of section 191(3) of the Criminal Code of Canada requires a proactive and strategic approach that recognizes the need to balance public safety concerns with legitimate uses of certain devices and components. By engaging with relevant stakeholders, providing evidence-based arguments, and seeking legal advice, it is possible to navigate this section of the Criminal Code of Canada effectively and responsibly.