INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to possess a loaded or unloaded prohibited or restricted firearm without authorization or a licence and registration certificate.
SECTION WORDING
95(1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of (a) an authorization or a licence under which the person may possess the firearm in that place; and (b) the registration certificate for the firearm.
EXPLANATION
Section 95(1) of the Criminal Code of Canada is a criminal provision that aims to prohibit the possession of certain types of firearms without proper authorization or a licence. The section prohibits the possession of prohibited firearms, which include automatic weapons, and restricted firearms, which include handguns. The possession of these firearms is considered an offence under the section if it involves the possession of a loaded firearm or an unloaded firearm that is combined with readily accessible ammunition that can be discharged through such firearms. In addition, this offence is committed regardless of where the person is found to possess the firearm. This means that the section applies to any location in Canada where a person may possess firearms without proper authorization or a licence. The only way a person can possess prohibited or restricted firearms, according to this law, is if they hold a valid licence or authorization and have registered the firearm. This provision is one of the many criminal provisions found in the Criminal Code of Canada that seek to regulate the use, possession, and handling of firearms. It is intended to ensure that firearms are not used by individuals who are not authorized to do so and that those who do possess firearms do so in a manner that is safe and responsible. Overall, section 95(1) is a critical aspect of Canada's firearm regulation system, and it plays a significant role in the country's efforts to maintain public safety and prevent criminal activities involving firearms.
COMMENTARY
Section 95(1) of the Criminal Code of Canada is a provision that criminalizes the possession of certain firearms without proper authorization or licensing. Specifically, the provision targets the possession of prohibited or restricted firearms, whether loaded or unloaded, together with readily accessible ammunition that can be fired from the firearm. The purpose of the provision is to regulate the possession of firearms in Canada and to promote public safety by minimizing the threat of gun-related violence. The types of firearms covered under this provision are those that are prohibited or restricted under Canadian law, which includes a range of firearms such as handguns, assault rifles, and sawed-off shotguns. These firearms are considered to be particularly dangerous and as such, their possession is heavily regulated under Canadian law. The requirement for individuals to possess an authorization or licence to possess a firearm in a particular place is intended to ensure that only those who are trained and licensed to use firearms are able to do so. This is part of a broader regulatory framework in Canada that seeks to minimize the risk of firearms falling into the wrong hands and being used for nefarious purposes such as organized crime, terrorism, or domestic violence. The requirement for a registration certificate also ensures that authorities are aware of who possesses firearms and can monitor their use. Those who violate this provision by possessing a prohibited or restricted firearm without proper authorization can be subject to serious criminal penalties, including imprisonment and fines. The severity of penalties reflects the seriousness of offenses related to firearms and sends a strong message that firearm-related violence is not tolerated in Canada. It is important to note that Section 95(1) does make exceptions for those who are authorized to possess firearms in certain circumstances, such as law enforcement officers or individuals who are temporarily in possession of firearms for a lawful purpose such as hunting or target shooting. However, even in these cases, proper authorization and licensing are required. Overall, Section 95(1) of the Criminal Code of Canada is an important provision that plays an important role in regulating the possession of firearms in Canada. By requiring proper authorization and licensing, as well as imposing significant penalties for those who violate the law, the provision promotes public safety and works to minimize the risk of firearms-related violence in Canadian society.
STRATEGY
When it comes to dealing with section 95(1) of the Criminal Code of Canada, there are a number of strategic considerations that come into play. For those who are accused of violating this section, it is important to understand the nature of the offence and the possible consequences. There are also strategies that can be employed in order to protect one's rights and minimize the impact of any charges that may be laid. One of the key strategic considerations when it comes to section 95(1) is understanding the elements of the offence. As the section states, possessing a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm with readily accessible ammunition without the proper authorization, licence, and registration is a criminal offence. Therefore, in order for the Crown to prove that an accused person is guilty of this offence, they must show that the accused was in possession of the firearm or ammunition in question, that the firearm was loaded or capable of being discharged, and that the accused did not have the required authorization or registration. When it comes to strategic considerations for the accused, one of the first steps is to seek legal representation. A skilled criminal defence lawyer can help the accused to understand the charges, the potential consequences, and the available defences. They can also advise the accused on how to interact with law enforcement and the Crown in order to protect their rights. Another strategic consideration is to gather evidence and build a strong defence. This may include challenging the Crown's evidence, seeking expert testimony, and presenting alternative explanations for the accused's possession of the firearm or ammunition. For example, if the accused was found with a loaded firearm, but can demonstrate that they were using it for hunting or other lawful purposes, this may be a viable defence. In some cases, it may be possible to negotiate with the Crown and plead guilty to a lesser offence in exchange for a reduced sentence. This can be a strategic decision for the accused as it may minimize the impact of the charges on their personal and professional lives. However, it is important to consult with a lawyer before making any decisions about plea bargaining. Overall, the strategic considerations when dealing with section 95(1) of the Criminal Code of Canada are numerous and complex. For those who are accused of this offence, seeking skilled legal representation and building a strong defence are crucial steps to protect their rights and minimize the impact of any charges.