section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code defines what a replica firearm is and excludes antique firearms from the definition.

SECTION WORDING

84(1) In this Part, "replica firearm" means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;

EXPLANATION

Section 84(1) of the Criminal Code of Canada outlines the definition of a replica firearm. A replica firearm is defined as any device that is designed or intended to resemble a firearm exactly or with near precision without actually being a firearm. However, this definition does not include devices that resemble antique firearms. This section is important because possessing or using a replica firearm in certain circumstances can lead to criminal charges. Under Canadian law, replica firearms fall under the same category as real firearms, meaning that individuals who use or possess them can be charged with offences such as possession of a weapon for a dangerous purpose, assault with a weapon, or robbery with a weapon. Additionally, the sale and distribution of replica firearms in Canada is restricted. Retailers must obtain a special license from the Canadian government to sell replica firearms, and individuals are prohibited from importing them into the country without the proper licenses and permits. The purpose of this section is to ensure public safety and prevent individuals from using replica firearms to commit crimes or intimidate others. By clearly defining replica firearms and imposing strict regulations on their possession and sale, Canadian authorities are able to better protect citizens and maintain order in society.

COMMENTARY

Section 84(1) of the Criminal Code of Canada is a crucial aspect of Canadian firearms law. It defines the term replica firearm" and provides a clear distinction between firearms and non-firearms that have a resemblance to firearms. The importance of this section cannot be overstated, as it plays a significant role in regulating the possession, use, and transportation of imitation firearms in Canada. As per the provision, a replica firearm" refers to any device that is designed or intended to exactly resemble, or resemble with near precision, a firearm, but is not a firearm itself. This implies that it does not have the capability of firing bullets or projectiles. However, such devices can be mistaken for actual firearms, and their presence can create a sense of threat, intimidation or fear, leading to serious implications. The crucial aspect of this provision is that it does not include any replica firearms that resemble antique firearms. An antique firearm is any firearm that was manufactured before 1898, or any firearm that is non-restricted, considered rare or of historical significance. These firearms are not considered a threat to public safety, and as such, can be owned and possessed legally. The distinction between replica firearms and antique firearms is essential in regulating the use and possession of imitation firearms in Canada. Replica firearms, as defined in 84(1), widely popular among hobbyists and airsoft enthusiasts. Airsoft guns, BB guns and pellet guns look like conventional firearms; they are technically classified as replica firearms because they do not have the lethal capability of conventional firearms. The legislation surrounding the use and possession of replica firearms in Canada is extensive and varies in different contexts. The federal government regulates the importation and exportation of these imitation firearms. The possession of replica firearms is legal in Canada but restricted to specific circumstances. It must be used solely for specific purposes, such as for movie making, firearm training purposes, or theatrical productions. However, the use of replica firearms outside of these specific circumstances is illegal, both under Canadian Federal Law and provincial law. They cannot be carried in public without a reasonable excuse, which can only be determined on a case-by-case basis. It also prohibits them from being sold, displayed, or even advertised, except for authorized gun ranges and firearm-related facilities. The reason for these restrictions is that realistic-looking airsoft, BB, and pellet guns are often used in serious young offender crimes, including home invasions, robbery, and hostage situations. There have even been cases where people have been mistaken for carrying real firearms, only finding out afterward that they were, in fact, fake. Overall, section 84(1) of the Criminal Code of Canada provides a clear definition of replica firearms, which helps regulate their use, importation, and possession in the country. The provision serves to protect public safety and prevent the use of imitation firearms in dangerous situations. It is essential for both law enforcement agencies and the public to understand this section to avoid unnecessary criminal charges and to maintain a safe and secure community.

STRATEGY

Section 84(1) of the Criminal Code of Canada defines a "replica firearm" and outlines what devices are considered replicas under the law. As such, individuals and organizations dealing with these devices need to consider the legal implications and potentially employ strategic approaches to avoid legal liabilities. One strategic consideration when dealing with replica firearms is understanding the definition of a replica as outlined in the Criminal Code. This involves knowing the specific characteristics that differentiate a replica from a genuine firearm or antique firearm. By gathering a clear understanding of the legal distinctions, businesses or individuals can ensure that they are not violating any regulations or laws when dealing with these devices. Another strategy that can be employed when dealing with replica firearms is establishing proper safety measures. These devices can be mistaken for real firearms, which can present significant safety concerns for the general public and law enforcement officials. To mitigate safety concerns, businesses and individuals can employ safety measures such as storing the replica firearms in secure and inaccessible areas, or clearly labeling the devices as replicas. Additionally, it is crucial to understand potential criminal charges that may arise if a replica firearm is used inappropriately. For example, individuals who use a replica firearm in a way that threatens or intimidates others could face criminal charges of assault with a weapon, even if the device was not a genuine firearm. As such, businesses or individuals should ensure that they are not selling, distributing, or providing replica firearms to those who may misuse them. Having a deep understanding of the legal implications of dealing with replica firearms is crucial for businesses and individuals dealing with these devices. Ensuring that safety measures are in place along with a thorough understanding of potential legal ramifications can help mitigate risks and avoid potential legal liabilities.