section 93(1)

INTRODUCTION AND BRIEF DESCRIPTION

Possession of prohibited items in unauthorized locations by licensed individuals is a criminal offense.

SECTION WORDING

93(1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is (a) indicated on the authorization or licence as being a place where the person may not possess it; (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or (c) other than a place where it may be possessed under the Firearms Act.

EXPLANATION

Section 93(1) of the Criminal Code of Canada outlines the offence of possessing a firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in a place where the holder of an authorization or license has no legal right to possess it. The section imposes strict liability on the offender, meaning that the prosecution only has to prove that the person possessed the prohibited item in a forbidden place, without the need to prove any intention or knowledge. Subsection (3) of the section provides certain exemptions where the offender may still be able to possess the prohibited item in a prohibited place, such as when the possession is required as part of the person's employment, or when the possession is necessary for the purpose of protecting life or property. The section aims to regulate the possession of firearms and other prohibited items in Canada, which are subject to strict regulation under the Firearms Act. The possession of such items is highly regulated to ensure public safety and prevent the risk of harm to individuals and communities. The section also serves to deter individuals from illegally possessing and using prohibited items, and to punish those who violate the law. In summary, Section 93(1) of the Criminal Code of Canada criminalizes the possession of firearms, prohibited weapons, restricted weapons, prohibited devices, or prohibited ammunition in prohibited places, without any lawful justification. The section aims to regulate the possession of such items to promote public safety and prevent harm to individuals and society.

COMMENTARY

Section 93(1) of the Criminal Code of Canada defines the offence of possessing a firearm or related weapon, device or ammunition in a place where the holder of an authorization or licence may not possess it. This provision is designed to protect public safety by regulating the possession of dangerous weapons and related items. The purpose of providing an authorization or licence is to ensure that certain individuals are qualified to possess and use firearms and related items for specific purposes, such as hunting, target shooting, or personal protection. This section requires that they maintain their license by following the conditions and restrictions set forth by the Firearms Act and the authorization or licence itself. It is a criminal offence for a person to possess a firearm or related item in a place that they are not authorized or licensed to do so. For example, if a person is licensed to use a firearm for hunting, but they possess it in a public area such as a park or school, they are committing an offence under this section. This provision also applies to prohibited and restricted weapons, prohibited devices, and prohibited ammunition. It ensures that the licensed person only possesses these items in authorized places, such as their home or a licensed shooting range. Possession of these items in unauthorized areas increases the risk of harm to innocent bystanders, posing a significant threat to public safety. The prohibition of possession in unauthorized places represents an essential step in ensuring safety when there are weapons involved. By regulating the places that a licensed person may have a weapon, Canada can ensure that these items are not available in dangerous areas, such as schools or crowded parks. This provision emphasizes the importance of responsible ownership of dangerous items. The Criminal Code of Canada's section 93(1) ensures public safety by regulating the possession of dangerous weapons. It is an essential aspect of the country's firearms regulation system and emphasizes the importance of responsible ownership and use of firearms and related items. Law enforcement agencies rely on this section to prevent dangerous incidents and to maintain public safety. It is an essential provision in the Criminal Code of Canada, which allows for strict regulation and control over the possession of dangerous weapons.

STRATEGY

Section 93(1) of the Criminal Code of Canada revolves around the possession of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition, by the holder of an authorization or license. This section has significant ramifications and should be handled with a great deal of care. In this essay, we will explore some strategic considerations and potential strategies to deal with this provision of the Criminal Code. One of the primary strategic considerations when dealing with this section is a thorough understanding of the authorization or license. The authorization or license gives the holder the right to possess the specific firearm and its associated components, subject to certain conditions. Thus, it is essential to carefully review the terms and conditions of the authorization or license. For instance, if the holder is only authorized to possess the firearm for hunting purposes on specific lands, it follows that it is illegal to possess the weapon anywhere else. Another significant concern is the marking of the authorization or license. Any place where the holder is allowed to possess the firearm should be marked on the authorization or license. It is also good practice to have a copy of the authorization or license readily available for inspection at any time. Furthermore, it is crucial to pay attention to the type of firearm, weapon, device, or ammunition the holder has been authorized to possess. Some firearms, restricted weapons, prohibited devices, and prohibited ammunition require further authorization and specific adherence to regulations. The place where the possession occurs is also another important factor to consider. It is worth noting that the Firearms Act regulates the possession of firearms, restricted weapons, prohibited devices, and prohibited ammunition in certain locations. Therefore, it is important to understand the rules governing possession in such areas. If found guilty of contravening Section 93(1), the consequences can be quite severe. Thus, it is advisable for licensed gun owners to take measures to avoid contravening this section. One strategy that can be employed is proper storage. Firearms should be kept in a locked container, such as a gun safe, which can be opened only by authorized personnel. Additionally, it is good practice to store firearms in a location that is inaccessible to unauthorized individuals. Another strategy is to acquire professional legal advice. As mentioned earlier, the consequences of a conviction can be dire, and thus, it is crucial to obtain the right legal advice. A qualified and experienced criminal defense lawyer who specializes in firearms offenses can provide guidance on how to avoid contravening Section 93(1). The lawyer can also represent the holder in the event that he or she is accused of violating this section. Finally, licensed gun owners must develop pro-active safety habits. These habits include ensuring that firearms are never left unattended, never pointing guns at people, assuming that all guns are loaded, and always wearing ear and eye protection when shooting. In conclusion, Section 93(1) of the Criminal Code of Canada is one of the most significant provisions that licensed gun owners must be aware of. Failure to adhere to the requirements of this section can lead to serious legal ramifications. However, if the holder of an authorization or license takes proactive measures like understanding the authorization, proper storage of firearms, acquisition of legal advice, and developing safety habits, it can go a long way to avoid contravening Section 93(1).