section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

The section defines what constitutes a prohibited firearm in Canada.

SECTION WORDING

84(1) In this Part, "prohibited firearm" means (a) a handgun that (i) has a barrel equal to or less than 105 mm in length, or (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge, but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union, (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted, (i) is less than 660 mm in length, or (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length, (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or (d) any firearm that is prescribed to be a prohibited firearm;

EXPLANATION

Section 84(1) of the Criminal Code of Canada is an important definition for firearm laws in Canada. In simple terms, a prohibited firearm is any firearm that falls into one or more of the categories outlined in the section. These categories include various types of handguns, adapted rifles or shotguns, automatic firearms, and firearms that are specifically prescribed to be prohibited by law. This section is important for law enforcement agencies, as it provides a clear definition of what constitutes a prohibited firearm. Possession of a prohibited firearm is a criminal offence in Canada, and individuals found guilty can face serious consequences, including imprisonment. Furthermore, the section outlines exceptions for certain types of handguns that are permitted for use in international sporting competitions, as long as they follow the rules outlined by the International Shooting Union. This exception recognizes the importance of sport shooting while also ensuring that public safety remains a top priority. Overall, Section 84(1) of the Criminal Code of Canada is a crucial part of Canadian firearm legislation. It provides a clear definition of what is considered a prohibited firearm, and the consequences that come with possession of such firearms. This section is one of many measures that Canada has in place to ensure public safety and reduce gun violence.

COMMENTARY

Section 84(1) of the Criminal Code of Canada outlines the definition of a "prohibited firearm." This section is an essential component of Canadian gun laws as it describes specific types of firearms that are illegal to own or possess. The prohibition of certain firearms ensures public safety and prevents the unnecessary use of firearms in criminal activity. The section defines a "prohibited firearm" as a handgun with a barrel length equal to or less than 105 mm, or designed to discharge a 25 or 32 caliber cartridge, excluding handguns used for international sporting competitions regulated by the International Shooting Union. Additionally, it encompasses any firearm modified from a rifle or shotgun that is less than 660 mm in length or has a barrel less than 457 mm long. The definition also includes automatic firearms, whether modified or not to discharge only one projectile with one pressure of the trigger, and any firearm that is prescribed to be a prohibited firearm. The law defines prohibited firearms in this manner to limit the number of firearms available to the general public and deter the use of firearms in criminal activities. By limiting the availability of firearms, the risk of gun violence decreases, ensuring the safety of both the public and law enforcement officers who must deal with dangerous situations. Furthermore, the definition also ensures that firearms used in international shooting competitions, which require strict safety regulations, continue to be legal. Shooting sports are a significant aspect of Canadian culture, and it is crucial to preserve this tradition while maintaining a safe environment. The Criminal Code of Canada is constantly updated to reflect the changing nature of gun violence and ensure public security. The prohibition of firearms ensures that dangerous weapons are kept away from criminals and law-abiding citizens alike, reducing the risk of gun-related accidents or incidents. It provides a clear definition of what is considered a prohibited firearm, reducing ambiguity and making it easier for law enforcement officials to enforce the law. Overall, section 84(1) of the Criminal Code of Canada is vital in defining prohibited firearms, keeping dangerous weapons out of the hands of criminals and preserving the safety and integrity of Canadian society.

STRATEGY

One strategic consideration when dealing with section 84(1) of the Criminal Code of Canada is to ensure that one is aware of the specific provisions and exceptions outlined within the section. This is important in order to determine whether a firearm would be considered prohibited under this section and to identify any potential defences or exemptions that may be available. Another strategy that could be employed is to carefully review the facts and circumstances of the case in order to determine whether the prohibited firearm was possessed for a lawful purpose. Under the Criminal Code, it is possible for an individual to possess a firearm that would otherwise be considered prohibited if they have obtained the necessary licenses and permits and are using the firearm for a lawful purpose such as hunting or recreational shooting. In addition to this, it may be possible to argue that the possession of the prohibited firearm was unintentional or the result of a misunderstanding. For example, an individual who is not familiar with firearms may inadvertently possess a prohibited firearm without realizing that it is illegal. Another strategic consideration is to carefully review the evidence against the accused and determine whether there are any issues with respect to the admissibility or reliability of the evidence. This may involve challenging the methods used by law enforcement to obtain the evidence, or questioning the credibility of the witnesses who provide testimony. Ultimately, the specific strategies that are employed in dealing with section 84(1) of the Criminal Code of Canada will depend on the specific facts and circumstances of the case. However, by carefully reviewing the law, the evidence, and the available defences, it is possible to develop a comprehensive strategy that is tailored to the individual case and that maximizes the chances of a successful outcome for the accused.