Criminal Code of Canada - section 84(1) - Definition of Cartridge Magazine

section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

The definition of cartridge magazine is provided in this section of the Criminal Code of Canada.

SECTION WORDING

84(1) In this Part, "cartridge magazine" means a device or container from which ammunition may be fed into the firing chamber of a firearm;

EXPLANATION

Section 84(1) is a part of the Criminal Code of Canada that defines the term cartridge magazine". The section stipulates that a cartridge magazine is a device or container that supplies ammunition to the firing chamber of a firearm. This definition is crucial for the interpretation of other sections in the Criminal Code that describe the requirements and restrictions for firearms possession and transportation. The criminal code of Canada regulates the possession, transportation, and use of firearms in Canada. The code makes it illegal for any person to possess a firearm without proper authorization. Section 84(1) plays a vital role in regulating the use and possession of firearms in Canada. Any individual caught in violating this section or any of the other firearm-related sections in the Criminal Code of Canada will be punished or charged accordingly. The definition of a cartridge magazine is essential in determining the legality of a firearm in Canada. The law requires that firearms be limited to a particular number of rounds they can carry in their cartridge magazines. Additionally, the law provides limitations on the size of a cartridge magazine that a firearm can possess. This restriction is aimed at promoting public safety, reducing the risk of gun violence and, enhancing the efficiency of law enforcement officers to control firearms. In conclusion, section 84(1), Criminal Code of Canada, provides a comprehensive definition of what qualifies as a cartridge magazine. The law ensures that individuals comply with the legal requirements for firearm possession and use. Section 84(1) serves as an essential regulation in achieving the objective of promoting public safety and preventing the occurrence of gun violence in Canada.

COMMENTARY

Section 84(1) of the Criminal Code of Canada is designed to define the term 'cartridge magazine' as used in Part III of the Canadian firearms legislation. This Part of the Act relates to the regulation of firearms and other related issues such as the prohibition of certain weapons, the imposition of licensing requirements and the registration of firearms. The term 'cartridge magazine,' as defined in this section, is crucial in understanding the scope of this Part of the Criminal Code. It refers to a container or device that is designed to hold rounds of ammunition that can be fed into the firing chamber of a firearm. This definition applies to all types of firearms and is not restricted to firearms commonly associated with the use of magazines, such as semi-automatic rifles and handguns. The phrase 'from which ammunition may be fed into the firing chamber' has particular significance in this definition, as it distinguishes a cartridge magazine from other types of ammunition storage containers, such as clip-style magazines, which are incapable of feeding rounds of ammunition into a firearm's firing chamber. One of the fundamental reasons for this definition in the Criminal Code is the regulation of firearms and the prevention of the availability of firearms and ammunition to unauthorized individuals. By defining what a cartridge magazine is, the legislation is clear about what is regulated and what isn't. This definition also has implications for firearm owners, as it aids them in ensuring that they are in compliance with Canadian firearms regulations. By clearly defining what a cartridge magazine is, firearm owners can ensure that they are in possession of legal firearms that comply with specific regulations. The definition provided in Section 84(1) also has implications for law enforcement officials who are responsible for enforcing these regulations. They can use this definition to identify illegal firearms and prosecute individuals who possess or use them. Furthermore, this definition is crucial in evaluating proposed amendments to firearms regulations. By accurately defining what a cartridge magazine is, policymakers can better evaluate the effects of proposed regulations and ensure that they are consistent with existing firearms legislation. In conclusion, Section 84(1) of the Criminal Code of Canada provides a clear and concise definition of 'cartridge magazine' that is essential for the regulation of firearms and ammunition within Canada. This definition is crucial in the enforcement of firearms legislation and is of great benefit to both firearm owners and law enforcement officials. It ensures that all individuals are aware of what is regulated and what isn't and provides clarity in evaluating proposed regulations. Overall, this definition is an essential part of Canadian firearms legislation and highlights the country's commitment to ensuring that firearms are used responsibly and in a controlled manner.

STRATEGY

Strategic considerations when dealing with Section 84(1) of the Criminal Code of Canada can be divided into two categories: those related to complying with the law and those related to challenging it. For individuals and organizations that are looking to stay compliant with the Criminal Code, it is important to understand the definition of a cartridge magazine and how it applies to their firearms. In particular, they should be aware of the maximum capacity for cartridge magazines as set out by law, which varies based on the type of firearm. For example, the maximum capacity for a cartridge magazine in a semi-automatic handgun is ten rounds, while the maximum capacity in a semi-automatic rifle or shotgun is five rounds. Compliance with Section 84(1) can be achieved through a range of strategies. One is to simply limit the number of rounds in a cartridge magazine to the legal maximum. Another is to purchase firearms with built-in mechanisms for limiting the number of rounds in a cartridge magazine, such as those that use detachable clips or internal magazines. In some cases, individuals may choose to modify their firearms to comply with the law, such as by permanently reducing the size of a cartridge magazine. For those who are looking to challenge the constitutionality of Section 84(1), there are a number of different strategies available. One approach is to argue that the law is a violation of the right to bear arms as enshrined in the Canadian Charter of Rights and Freedoms. This argument would likely need to be supported by a range of evidence and legal analysis, and would be subject to judicial review. Another strategy for challenging Section 84(1) could be to argue that it is overly broad or vague, and therefore violates the principles of fundamental justice. This argument could be based on the fact that the definition of a cartridge magazine is somewhat ambiguous and could be subject to interpretation. It is possible that a court could find that the law violates the principles of fundamental justice and strike it down as a result. In addition to these legal strategies, individuals and organizations may also choose to engage in political activism aimed at changing or eliminating Section 84(1) altogether. This could involve lobbying elected officials, participating in public demonstrations, or using social media and other platforms to raise awareness of the issue. Regardless of the specific strategy employed, it is clear that dealing with Section 84(1) of the Criminal Code of Canada requires careful consideration and attention to detail. Individuals and organizations must stay informed about the latest legal and political developments, and be prepared to take action to protect their rights and interests.