section 91(2)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to possess certain weapons or ammunition without a license.

SECTION WORDING

91(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

EXPLANATION

Section 91(2) of the Criminal Code of Canada is the legislation that prohibits the possession of specific weapons and ammunition without a valid license. One can be charged with an offense if they possess a restricted weapon, a prohibited weapon, or any prohibited ammunition without holding a license that permits them to possess it. The section 91(2) of the Criminal Code of Canada is part of a broader legislative framework aimed at regulating the possession and use of firearms and other weapons in Canada. The intention is to ensure that the use of such weapons is tightly controlled and that only those who are authorized can access them. A restricted weapon is typically a firearm that has been restricted by an order in council; it could be due to capacity, barrel length, or firearm design. By contrast, a prohibited weapon comprises any weapon that is prohibited by an order in council. The prohibited weapon category includes handguns, automatic firearms, and any devices deemed to be too dangerous for private ownership. Furthermore, section 91(2) includes a prohibition on the possession of prohibited devices, except for replica firearms. A prohibited device can be any item that a law enforcement officer deems to be too dangerous and could harm people. These could include items like silencers for guns, laser sights, and bombs. Penalties for violating section 91(2) of the Criminal Code of Canada include imprisonment, fines, and seizure of firearms and ammunition. The specific penalty that a person will be charged with will depend on the severity of the offense, as well as the circumstances surrounding the possession of the prohibited weapon or device. The severity of the penalty is such that individuals' motivation to comply with the regulations around possession of prohibited weapons in Canada will be high.

COMMENTARY

Section 91(2) of the Criminal Code of Canada is an important provision that criminalizes the possession of prohibited weapons, restricted weapons, prohibited devices (other than replica firearms), and prohibited ammunition without a valid license. The purpose of this provision is to ensure that certain dangerous weapons and ammunition remain out of the hands of individuals who do not have the training, knowledge, or accountability required to use them responsibly and lawfully. The types of weapons that are considered prohibited or restricted under Canadian law are listed in the Firearms Act and the Criminal Code. Some examples of prohibited weapons include fully automatic firearms, sawed-off shotguns, and silencers. Restricted weapons include certain types of handguns and semi-automatic rifles. To legally possess a prohibited or restricted weapon or ammunition, an individual must first obtain a license from the Canadian Firearms Program. The licensing process involves various requirements, including a background check, firearms safety training, and a demonstration of a legitimate reason for owning a certain type of weapon. Anyone found in possession of a prohibited or restricted weapon or ammunition without a valid license is subject to criminal prosecution. The penalties for such offenses can range from fines and probation to lengthy prison sentences, depending on the severity of the offense and the individual's criminal background. Section 91(2) is an important provision for public safety, as it ensures that dangerous weapons are only in the hands of those who are qualified and responsible to possess them. By imposing criminal penalties on those who possess prohibited or restricted weapons without a license, the provision serves as a deterrent to prevent individuals from acquiring these weapons without proper authorization and endangering the public. Additionally, this provision supports the principles of responsible gun ownership. Firearms are not inherently dangerous - it is the way they are used and handled that can pose a risk to public safety. By requiring individuals to obtain a license to possess certain types of weapons and ammunition, the law ensures that gun owners are held accountable for their actions and must follow strict protocols when handling these items. In conclusion, Section 91(2) of the Criminal Code of Canada is an essential provision that helps to regulate the possession of prohibited and restricted weapons and ammunition. By requiring individuals to obtain a license before owning these items, the provision helps to ensure public safety and responsible gun ownership. Anyone found in violation of this provision faces severe consequences, which should serve as an effective deterrent to ensure compliance with the law.

STRATEGY

Section 91(2) of the Criminal Code of Canada prohibits the possession of certain weapons and ammunition without a proper license. Any individual or entity caught in violation of this section could face criminal charges, fines, and imprisonment. As such, it is crucial for individuals and businesses to be aware of the strategic considerations associated with this section and to implement appropriate strategies to minimize the risks of non-compliance. One fundamental strategy is to ensure that all employees, contractors, and other parties who may have access to prohibited weapons and ammunition are aware of the restrictions and have the required licenses and training. Businesses should maintain careful records of all licenses and permits and conduct periodic checks to ensure that all employees are up to date on their licenses and training. Another important strategy is to conduct regular risk assessments to identify potential hazards associated with the possession of prohibited weapons and ammunition. The assessment should consider factors such as the type and quantity of weapons and ammunition in the business's possession, the physical security of storage facilities, and the potential risks that could arise in the event of a theft or other security breach. A robust security plan is also crucial for any organization dealing with prohibited weapons and ammunition. The plan should spell out the security measures in place to minimize the risks of theft, sabotage, or unauthorized access. This may include measures such as installing CCTV cameras and alarm systems, conducting background checks on employees and contractors, and implementing physical barriers and access controls to limit access to storage facilities. In addition to these strategies, it is essential for organizations to maintain an open and transparent relationship with law enforcement authorities. This relies on the authority's local jurisdiction. They should be aware of the type of weapons and ammunition possessed and the measures in place to comply with regulatory requirements. In this way, organizations can ensure that they are following applicable laws and regulations and can respond appropriately in the event of an audit or enforcement action. In conclusion, dealing with Section 91(2) of the Criminal Code of Canada requires a proactive and comprehensive approach to risk management and compliance. By implementing appropriate strategies that address licensing, risk assessment, physical security, and regulatory compliance, organizations can minimize the risks associated with the possession of prohibited weapons and ammunition.