INTRODUCTION AND BRIEF DESCRIPTION

It is an offense to possess prohibited weapons or ammunition without a license.

SECTION WORDING

92(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 knowing that the person is not the holder of a licence under which the person may possess it.

EXPLANATION

Section 92(2) of the Criminal Code of Canada makes it illegal for a person to possess certain types of weapons or ammunition if they do not have a license to possess them. The prohibited weapons, devices, and ammunition that are referred to in this section are outlined in the Firearms Act, which is federal legislation that regulates the sale, possession, and use of firearms in Canada. Under this section, it is forbidden to possess a prohibited weapon, restricted weapon, prohibited device (excluding replica firearms), or prohibited ammunition without a valid license. A prohibited weapon is defined as any type of firearm that is deemed prohibited by the Canadian government, including automatic firearms, sawed-off shotguns, and silencers. A restricted weapon is a firearm that requires a special authorization to possess, such as handguns with a barrel length of fewer than 4.1 inches. It is important to note that the possession of weapons and ammunition that are not included in the prohibited or restricted categories is still subject to certain regulations and restrictions. For example, all firearms require a license, and certain types of ammunition are prohibited or restricted. The penalty for violating Section 92(2) of the Criminal Code of Canada can range from fines to imprisonment, depending on the severity of the offense. Additionally, anyone found guilty of possessing a prohibited or restricted weapon or device without a valid license may have their weapons confiscated and face a prohibition on possessing any type of firearm in the future. Overall, Section 92(2) serves as an important component of Canada's firearms legislation, designed to protect public safety and prevent the unauthorized possession of potentially lethal weapons and ammunition.

COMMENTARY

Section 92(2) of the Criminal Code of Canada is an important provision that prohibits the possession of certain weapons and ammunition without a valid license. The section applies to prohibited weapons, restricted weapons, prohibited devices, and prohibited ammunition, with the exception of replica firearms. The provision aims to promote public safety by restricting access to dangerous weapons and ensuring that only licensed individuals are allowed to possess them. The list of prohibited weapons, restricted weapons, and prohibited devices is extensive and includes items like automatic firearms, stun guns, silencers, and explosive devices. Possession of these items is highly regulated, and individuals who want to possess them must meet strict licensing requirements and undergo thorough background checks. The licensing process is designed to ensure that only individuals who are responsible and law-abiding are allowed to possess these weapons. The primary purpose of Section 92(2) is to deter individuals who do not have a valid license from possessing prohibited weapons and ammunition. The section creates a criminal offence for possession of these items without a valid license, which can result in severe penalties, including imprisonment. The provision also allows law enforcement officials to seize any prohibited weapon or ammunition found in the possession of an unlicensed person. Section 92(2) plays a crucial role in promoting public safety by restricting access to dangerous weapons and ammunition. The provision helps to reduce the incidence of firearm-related crimes and acts of violence. It also ensures that only licensed and responsible individuals are allowed to possess these weapons and ammunition, which reduces the risk of accidental injuries and deaths. The provision, however, has been criticized by some gun rights advocates who argue that it infringes on their constitutional rights to possess firearms. They argue that the licensing requirements are too strict and that the provision places undue restrictions on law-abiding citizens who wish to possess firearms for self-defense or recreational activities. However, supporters of Section 92(2) argue that the licensing requirements are necessary to ensure that only responsible individuals are allowed to possess dangerous weapons and ammunition and that the provision does not violate any constitutional rights. They point out that the provision only applies to prohibited weapons and ammunition and that individuals are still allowed to possess firearms for legitimate purposes as long as they have a valid license. In conclusion, Section 92(2) of the Criminal Code of Canada is an important provision that helps promote public safety by restricting access to dangerous weapons and ammunition. The provision ensures that only licensed individuals are allowed to possess prohibited weapons, restricted weapons, and prohibited ammunition, which reduces the risk of firearm-related crimes and accidents. While the provision has been criticized by some, it is necessary to ensure that only responsible individuals are allowed to possess firearms.

STRATEGY

Section 92(2) of the Criminal Code of Canada places a restriction on the possession of prohibited and restricted weapons, prohibited devices, and prohibited ammunition. Individuals who possess such items without holding a valid license are committing a criminal offense. This section of the Criminal Code is critical to public safety as it helps in preventing unauthorized access to deadly weapons. It also discourages violent crimes and ensures that only authorized individuals have the access to such weapons. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that an individual or an organization should take into account. These include proper licensing, effective training, timely reporting, and adherence to the regulations. Proper licensing is a crucial aspect when dealing with firearms and other prohibited weapons. Special licenses allow individuals to possess and use such weapons for specific purposes. For instance, people who work in private security have a license to carry firearms as part of their job requirement. Therefore, individuals must apply and obtain the necessary permits, licenses, and other authorizations required before carrying a prohibited or restricted weapon. Effective training is another critical consideration in compliance with the section 92(2) of the Criminal Code. Individuals who possess prohibited or restricted weapons without proper training risk endangering themselves and others. Therefore, people who carry weapons must undergo training in handling and use of such firearms. Proper training ensures that individuals handle firearms correctly, adhere to the safety protocols, and prevent accidents or misuse. Timely reporting is another strategic consideration when dealing with section 92(2) of the Criminal Code. Individuals who suspect that prohibited or restricted weapons are in unauthorized possession must report the matter immediately to the relevant authorities. Failure to report such incidents can result in criminal charges. Reporting ensures that the authorities can take preventive measures and stop unauthorized access to such weapons. Finally, adherence to regulations is key when dealing with section 92(2) of the Criminal Code. Individuals must adhere to all regulations when it comes to the possession and use of firearms and other prohibited or restricted weapons. This includes following the safety guidelines, storage protocols, and procedures for firing of such weapons. There are several strategies that individuals can employ to avoid committing an offense when it comes to section 92(2) of the Criminal Code. First, individuals must familiarize themselves with the prohibited and restricted weapons list. This helps individuals to identify what weapons require a license and how to obtain that license. Secondly, individuals must undergo proper training in handling and use of firearms. This includes learning how to store firearms safely, how to handle and fire firearms effectively, and how to use different types of ammunition. Individuals must also keep up with the latest developments regarding firearms and regulations, to ensure compliance with the law. Thirdly, individuals must report any suspicious activity regarding firearms immediately. This includes reporting the theft, loss, or the unauthorized possession of a firearm. Reporting such information helps prevent individuals from getting away with unauthorized access to such weapons. Finally, individuals must adhere to regulations and guidelines when it comes to the possession and use of firearms. This includes storing firearms in secure locations away from unauthorized access, ensuring that only authorized individuals have access to firearms, and following safety protocols at all times. In conclusion, section 92(2) of the Criminal Code of Canada is critical in ensuring public safety by preventing unauthorized access to firearms and prohibited weapons. Individuals must take strategic considerations into account when dealing with this section of the Criminal Code. These include proper licensing, effective training, timely reporting, and adherence to regulations and guidelines. By following these strategies, individuals can help ensure compliance with the law and prevent criminal offenses.