Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Possession of weapon obtained by commission of offence

• 96 (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.

97 [Repealed before coming into force, 2008, c. 20, s. 3]

Marginal note:Breaking and entering to steal firearm

• 98 (1) Every person commits an offence who

  • (a) breaks and enters a place with intent to steal a firearm located in it;

  • (b) breaks and enters a place and steals a firearm located in it; or

  • (c) breaks out of a place after

    • (i) stealing a firearm located in it, or

    • (ii) entering the place with intent to steal a firearm located in it.

• Definitions of break and place

  (2) In this section, break has the same meaning as in section 321, and place means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

• Marginal note:Entrance

  (3) For the purposes of this section,

  • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

  • (b) a person is deemed to have broken and entered if he or she

    • (i) obtained entrance by a threat or an artifice or by collusion with a person within, or

    • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Robbery to steal firearm

98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

Trafficking Offences

Marginal note:Weapons trafficking

• 99 (1) Every person commits an offence who

  • (a) manufactures or transfers, whether or not for consideration, or

  • (b) offers to do anything referred to in paragraph (a) in respect of

  a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

• Marginal note:Punishment — firearm

  (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

  • (a) in the case of a first offence, three years; and

  • (b) in the case of a second or subsequent offence, five years.

• Marginal note:Punishment — other cases

  (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Possession for purpose of weapons trafficking

• 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

  • (a) transferring it, whether or not for consideration, or

  • (b) offering to transfer it,

  knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

• Marginal note:Punishment — firearm

  (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

  • (a) in the case of a first offence, three years; and

  • (b) in the case of a second or subsequent offence, five years.

• Marginal note:Punishment — other cases

  (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Transfer without authority

• 101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

Assembling Offence

Marginal note:Making automatic firearm

• 102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.