Citation(s) from the GunPolicy.org literature library

Canada. 2015 ‘Importing or Exporting Knowing It Is Unauthorized.’ Criminal Code R.S.C., 1985, c. C-46 (Act current to 30 August 2015); Part III (Sections 103, 104), pp. 131-132. Ottawa ON: Senate and House of Commons of Canada. 23 July

Relevant contents

Part III. Firearms and Other Weapons

Importing or exporting knowing it is unauthorized

103. (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm,1 a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

knowing that the person is not authorized to do so under the Firearms Act2 or any other Act of Parliament or any regulations made under an Act of Parliament.

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 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…

Unauthorized importing or exporting

104. (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

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…

['Summary conviction' means under Article 787 of the Criminal Code that the person is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both]

ID: Q10791

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