INTRODUCTION AND BRIEF DESCRIPTION
Offence committed by anyone who defies regulation under paragraph 117(h) regarding firearms and restricted weapons storage, handling, transportation, shipping, display, advertising, and mail-order sales.
SECTION WORDING
86(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.
EXPLANATION
Section 86(2) of the Criminal Code of Canada outlines the offence that can be committed when an individual contravenes a regulation made under paragraph 117(h) of the Firearms Act. This regulation pertains specifically to the storage, handling, transportation, shipping, display, advertising, and mail-order sales of firearms and restricted weapons. The objective of this section is to ensure that firearms and restricted weapons are managed with care and responsibility to enhance public safety. Consequently, individuals in possession of firearms and restricted weapons are expected to handle them safely and store them securely. The regulation that Section 86(2) pertains to offers a set of guidelines for this purpose. It is the responsibility of the individual owner to comply with these guidelines to avoid breaking the law. The regulation covers all aspects of firearm management, from transportation and storage to sales and advertising. This applies not only to businesses that deal with firearms and restricted weapons but also to private citizens who own them. For instance, an individual who advertises a firearm for sale must do so in compliance with the regulations stated in the Firearms Act. Additionally, individuals who sell firearms online must adhere to the regulations endorsed by the Act and the accompanying regulations. In conclusion, Section 86(2) is a crucial part of the Criminal Code of Canada, as it sets up regulations for the storage, handling, transportation, shipping, display, advertising, and mail-order sale of firearms and restricted weapons. It indicates that individuals who contravene these regulations are in violation of the law, emphasizing the importance of adherence to regulations for the safety of the general public.
COMMENTARY
Section 86(2) of the Criminal Code of Canada outlines the offence of contravening a regulation made under paragraph 117(h) of the Firearms Act regarding the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons. This section plays a crucial role in ensuring responsible gun ownership and preventing gun-related crimes in Canada. The Firearms Act was introduced in 1995 as a response to increasing concerns about gun violence in Canada. The act aims to ensure public safety by regulating firearms and restricting their possession and use. The act regulates the possession, acquisition, and use of firearms, as well as the import and export of firearms and ammunition. The act also lays out regulations for the storage, handling, transportation, and sale of firearms and related items. Section 86(2) of the Criminal Code of Canada expands on the regulations laid out in paragraph 117(h) of the Firearms Act. This section makes it an offence to contravene any regulation laid out in paragraph 117(h) of the Firearms Act. The regulations laid out in paragraph 117(h) of the Firearms Act aim to ensure that firearms are stored, handled, transported, and sold safely and responsibly. These regulations help to prevent accidental shootings, thefts, and illegal sales of firearms. For example, the regulations require that firearms are stored in a secure place, such as a safe or locked cabinet, to prevent unauthorized access. The regulations also require that firearms are transported in a safe and secure manner, such as in a locked case or trunk of a car. These regulations help to prevent accidental shootings and thefts by ensuring that firearms are not easily accessible to unauthorized persons. The regulations also aim to prevent illegal sales of firearms by regulating how firearms can be sold. The regulations require that firearms can only be sold by licensed dealers and that proper records are kept of all sales. The regulations also prohibit the mail-order sale of firearms to individuals who are not licensed to possess them. These regulations help to ensure that firearms do not end up in the hands of individuals who should not have access to them, such as criminals or individuals with mental health issues. Section 86(2) of the Criminal Code of Canada is important because it provides legal consequences for those who do not follow the regulations laid out in paragraph 117(h) of the Firearms Act. Those who contravene the regulations can be charged with an offence and face penalties, such as fines or imprisonment. This section helps to ensure that individuals take the regulations seriously and follow them to prevent gun-related crimes. In conclusion, Section 86(2) of the Criminal Code of Canada plays a crucial role in ensuring responsible gun ownership and preventing gun-related crimes in Canada. The regulations laid out in paragraph 117(h) of the Firearms Act aim to ensure that firearms are stored, handled, transported, and sold safely and responsibly. It is important that individuals follow these regulations to ensure public safety, and the consequences outlined in Section 86(2) of the Criminal Code of Canada serve as a deterrent to ensure that individuals take these regulations seriously.
STRATEGY
Section 86(2) of the Criminal Code of Canada is an important provision that deals with the storage, handling, transportation, shipping, display, advertising, and mail-order sales of firearms and restricted weapons. This provision highlights the importance of adhering to the regulations made under paragraph 117(h) of the Firearms Act, failing which, a person may be liable for committing an offence. There are several strategic considerations that individuals and organizations dealing with firearms and restricted weapons should keep in mind when dealing with this section of the Criminal Code of Canada. Some of these strategic considerations are: 1. Compliance with Regulations: The most important strategic consideration when dealing with section 86(2) of the Criminal Code is compliance with the regulations made under paragraph 117(h) of the Firearms Act. This means that individuals and organizations must ensure that they are aware of the regulations that apply to their business and operations and that they comply with them. Failure to adhere to these regulations could result in criminal charges, which could have serious consequences. 2. Document Management: Another strategic consideration is document management. Individuals and organizations must ensure that they keep accurate records of all their firearms and restricted weapons, as well as their storage, handling, transportation, shipping, display, advertising, and mail-order sales. These records must be up-to-date and easily accessible, as they may be requested by authorities during an inspection or investigation. 3. Training and Education: It is also essential that individuals and organizations dealing with firearms and restricted weapons invest in training and education for their employees. This will ensure that everyone is aware of the regulations that apply to their business and operations and that they understand the importance of complying with them. Training and education could also help prevent accidents and incidents that could result in criminal charges. 4. Risk Management: Risk management is another important strategic consideration. Individuals and organizations must assess the risks associated with their business and operations and implement measures to mitigate these risks. This could involve implementing security measures to prevent theft or unauthorized access to firearms and restricted weapons or implementing safety protocols to prevent accidents. 5. Crisis Management: Finally, individuals and organizations must have a crisis management plan in place in case of emergencies. This plan should include procedures for reporting incidents, responding to emergencies, and cooperating with law enforcement authorities. Having a crisis management plan in place could help mitigate the consequences of an incident and prevent criminal charges. Some strategies that could be employed when dealing with section 86(2) of the Criminal Code of Canada include: 1. Conducting regular inspections and audits of firearms and restricted weapons to ensure compliance with regulations. 2. Implementing strict security measures to prevent theft or unauthorized access to firearms and restricted weapons. 3. Providing comprehensive training and education to employees to ensure they understand and comply with regulations. 4. Implementing safety protocols to prevent accidents and incidents. 5. Developing and implementing a crisis management plan to mitigate the consequences of an incident. In conclusion, section 86(2) of the Criminal Code of Canada is an important provision that highlights the need to comply with regulations related to firearms and restricted weapons. Individuals and organizations dealing with these items must consider strategic considerations such as compliance with regulations, document management, training and education, risk management, and crisis management. Employing strategies such as regular inspections and audits, implementing strict security measures, providing comprehensive training and education, implementing safety protocols, and developing a crisis management plan could help prevent criminal charges and mitigate the consequences of incidents.