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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.

 

 

This offence is a straight indictable, and the sentences available upon conviction are therefore more severe than other Criminal Code offences.

 

To prove this offence beyond a reasonable doubt, a Crown Attorney must show that the accused manufactures or transfers, or offers to manufacture or transfer an object to anyone, and that the object falls under the definition of a “firearm, prohibited weapon, restricted weapon, prohibited device, any ammunition or prohibited ammunition” as outlined by the Criminal Code. Further, the Crown must prove that the accused knew that they were not authorized to do so.

 

When dealing with a firearm, an accused person risks facing a prison sentence of up to 10 years for committing this offence. If found guilty for a first offence under this section, an accused will be sentenced for a minimum 3 years in prison, and for any subsequent convictions under this section will face a minimum term of 5 years in prison.

 

If convicted under this section but for cases other than those involving a firearm, an accused risks the same maximum of 10 years in prison, and faces the statutory minimum of 1 year in jail. Because of the severity of the sentences available for this offence if convicted, it is crucial to contact a criminal defense lawyer who can help protect your rights, and put forward a strategy to defend against this charge.

 

 

 

Possession for purpose of weapons trafficking

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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.

 

 

This offence is a straight indictable, and the sentences available upon conviction are therefore more severe than other Criminal Code offences.

 

In order to get convicted of this offence, the burden is on the Crown Attorney to prove the essential elements related to this offence. Those include proving that the accused person possessed what can be defined as 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.” The accused person need also possess it for the purpose of transferring it or offering to transfer it, in addition to knowing they were not lawfully authorized to do so.

 

If convicted under this section when using a prohibited or restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition, you will face a maximum prison sentence of 10 years. If it is the first offence, there is a statutory minimum prison sentence of 3 years, while subsequent offences carry with it a minimum term of 5 years in prison.

 

If convicted under this section for any other case than what is listed above, the same maximum 10-year prison sentence applies, but the minimum sentence is 1 year in jail.

 

Because of the severity of these weapons trafficking offences, there are ancillary orders involving DNA and weapons prohibitions. These offences are also so serious that they are eligible for wiretaps by Police in conducting their investigations.

 

For these reasons and because of the severe dispositions available upon conviction, it is important to contact a criminal defense lawyer when charged with these offences, to ensure that you are protected and can have your defense team put forward a strong defense against these allegations.

 

Call us now at 1-866-720-2245.