INTRODUCTION AND BRIEF DESCRIPTION
Section 84(1) defines a restricted firearm" in the Criminal Code of Canada as a handgun, a firearm with a barrel less than 470mm that fires centre-fire ammo in a semi-automatic manner, a firearm designed to be fired when reduced to less than 660mm in length, or other firearms prescribed to be restricted.
SECTION WORDING
84(1) In this Part, "restricted firearm" means (a) a handgun that is not a prohibited firearm, (b) a firearm that (i) is not a prohibited firearm, (ii) has a barrel less than 470 mm in length, and (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner, (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or (d) a firearm of any other kind that is prescribed to be a restricted firearm;
EXPLANATION
Section 84(1) of the Criminal Code of Canada provides the definition of a "restricted firearm" in relation to firearms legislation in Canada. This definition includes a variety of firearms that are regulated by the Canadian government. These firearms include handguns, firearms with a barrel length less than 470mm and capable of firing semi-automatically, firearms that can be folded or telescoped to a length of less than 660mm, and any other firearms that have been deemed by the government to be "restricted." The purpose of this classification system is to ensure that certain firearms are subject to stricter regulations than others. Restricted firearms may only be owned by individuals who possess a valid firearms license and who have also obtained a specific authorization to possess them. The authorization process involves additional background checks and a demonstration of firearms safety knowledge, and may also require proof of a legitimate reason for possessing the firearm. In general, the Canadian government places strict limits on the ownership and use of firearms in order to protect public safety. Firearms owners are required to register their firearms, follow specific storage and transportation requirements, and comply with a variety of other regulations in order to ensure that firearms do not fall into the wrong hands. Overall, Section 84(1) is an important component of Canadian firearms regulation, and serves to ensure that restricted firearms are subject to strict oversight in order to prevent any potential misuse or harm to individuals or society as a whole.
COMMENTARY
Section 84(1) of the Criminal Code of Canada provides a definition for the term restricted firearm". This definition is important for a number of reasons, including the fact that possession and use of restricted firearms are subject to specific regulations and restrictions under Canadian law. According to the definition provided in the section, a restricted firearm can be a handgun that is not classified as a prohibited firearm, a firearm with a barrel length of less than 470mm that is capable of discharging centre-fire ammunition in a semi-automatic manner, a firearm that can be reduced to a length of less than 660mm by folding, telescoping or other means, or a firearm of another kind that has been prescribed to be a restricted firearm. One of the key elements of this definition is the inclusion of handguns that are not classified as prohibited firearms. Prohibited firearms are those that have been banned in Canada due to their deadly nature, such as fully automatic firearms. The fact that non-prohibited handguns are included in the definition of restricted firearms means that there are still strict regulations surrounding their ownership and use. Individuals who wish to possess a restricted firearm must obtain a Possession and Acquisition License (PAL) and comply with additional rules such as secure storage requirements. The section also defines firearms that have a barrel length of less than 470mm and are capable of discharging centre-fire ammunition in a semi-automatic manner as restricted firearms. This includes popular firearms such as the AR-15, which has been the subject of political debate in Canada due to its association with mass shootings in the United States. While there are proponents of increased restrictions on firearms, some argue that these types of firearms are used for hunting or sport shooting and should not be subject to more stringent regulation. Another important aspect of this definition is the inclusion of firearms that can be reduced in size by folding, telescoping, or other means. These types of firearms are often referred to as prohibited devices" because they can easily be concealed and therefore pose a greater risk to public safety. In order to own and possess these types of firearms legally, individuals must obtain a special authorization from the Chief Firearms Officer in their province or territory. Overall, Section 84(1) of the Criminal Code of Canada provides an important definition for the term restricted firearm" that is crucial to understanding the laws and regulations surrounding firearm ownership and use in Canada. While the definition may be subject to debate and scrutiny, it reflects the need for careful consideration of public safety when it comes to firearms possession and use.
STRATEGY
The Criminal Code of Canada is a comprehensive legal document outlining specific provisions and penalties for various criminal activities within the country. Section 84(1) of the Criminal Code of Canada defines the term "restricted firearm" and outlines the criteria used to classify firearms under this category. As such, it is imperative for law enforcement officials and legal professionals to be familiar with this section of the code and understand the strategies that could be employed when dealing with restricted firearms. Strategic considerations when dealing with Section 84(1) of the Criminal Code of Canada 1. Understand the nature of restricted firearms Law enforcement officials and legal professionals must have a thorough understanding of the different types of firearms classified as restricted. This will enable them to identify and appropriately deal with firearms that fall under this category. They should also be aware of the different actions and penalties associated with restricted firearms. 2. Appropriate use of search and seizure powers To effectively deal with restricted firearms, law enforcement officials must have the appropriate search and seizure powers. This will enable them to conduct searches and seize firearms in cases where there is reasonable suspicion that a person is in possession of such firearms without the appropriate authorization. Law enforcement officials should be trained on the proper use of search and seizure powers as well as any limitations and exceptions under the law. 3. Adequate training for law enforcement personnel In addition to understanding the nature of restricted firearms, law enforcement personnel must be adequately trained to deal with these weapons. This includes special training on proper handling, storage, and transportation of firearms as well as potential threats posed by firearms. Adequate training will ensure that law enforcement personnel are confident and competent in executing their duties regarding restricted firearms. 4. Effective screening and licensing process The licensing and screening process for firearms ownership must be designed to prevent individuals who pose a risk to public safety from obtaining restricted firearms. Law enforcement personnel responsible for administering the screening and licensing process must be trained to identify potential risks and respond promptly. 5. Implementation of effective control measures Effective control measures for restricted firearms can include the use of firearm registration systems, background checks for gun owners, and the implementation of safe storage requirements. These measures are designed to ensure that firearms are not accessible to unauthorized persons or kept in places where they can be easily accessed by criminals. Strategies that could be employed when dealing with Section 84(1) of the Criminal Code of Canada 1. Creation of specialized units The creation of specialized units within law enforcement agencies can go a long way in effectively dealing with restricted firearms. These units could be assigned the responsibility of investigating cases involving these firearms, conducting raids, and seizing illegal firearms. 2. Collaboration between law enforcement agencies Collaboration between law enforcement agencies can help in the effective management of restricted firearms. Collaboration can include sharing intelligence information and working together to investigate cases of illegal possession of restricted firearms. 3. Community outreach programs Community outreach programs can be effective in educating the public on the risks of possessing restricted firearms as well as responsible ownership of firearms. These programs can be conducted in partnership with law enforcement agencies and local community organizations. 4. Use of technology Technology can be effectively employed to help law enforcement personnel in the effective management of restricted firearms. This can include the use of advanced tracking systems, biometric identification systems, and mobile applications that allow for easy reporting of firearms-related incidents. 5. Stricter penalties for illegal possession Stricter penalties for illegal possession of restricted firearms can act as a deterrent to individuals who may be tempted to acquire these weapons illegally. This will also enable law enforcement personnel to deal more severely with individuals found in possession of these weapons illegally. Conclusion In conclusion, Section 84(1) of the Criminal Code of Canada is an important provision in the regulation of firearms in the country. The effective management of restricted firearms requires adequate training for law enforcement personnel, the implementation of appropriate control measures, and collaboration among law enforcement agencies. Strategies such as community outreach programs, the creation of specialized units, and the use of technology can also be effectively utilized in dealing with the management of restricted firearms.