CDN-FIREARMS Digest 50 Topics covered in this issue include: 1) help needed with address by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 2) Aussie laws by desolla@cmc.ca (Keith de Solla) 3) Section 84 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 4) Section 85 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 5) Section 86 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 6) Section 87 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 7) Section 88 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 8) Section 89 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) 9) Section 90 by skeeter@skatter.usask.ca (Skeeter Abell-Smith) ---------------------------------------------------------------------- Topic No. 1 Date: Wed, 22 Jun 1994 08:54:14 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: help needed with address Message-ID: <9406221454.AA02800@orion.sal> We have a subscriber, Kim Horan, who's is subscribed as "QCC-HAL!KIMH". Mail to this address keeps bouncing. He probably subscribed early on (before the "from" line fix). Does anyone know this person? Can someone please send me his e-mail address? thanks, skeeter [moderator] ------------------------------ Topic No. 2 Date: Wed, 22 Jun 1994 12:36:39 +0600 From: desolla@cmc.ca (Keith de Solla) To: cdn-firearms@skatter.usask.ca Subject: Aussie laws Message-ID: <9406221836.AA03001@orion.sal> While "Canada" doesn't come up in the following article, I feel it is relevant in the sense we could end up in the same boat. -keith ------------- BEGIN INCLUDED TEXT --------------- Newsgroups: rec.guns Subject: Re: Laws in Australia ? Date: 22 Jun 1994 11:28:12 -0400 Sender: magnum@cs.umd.edu dpalik@violet.ccit.arizona.edu wrote: # Any Australians (or others) out there who could tell me what the gun # laws in that country are like ? This may not be of general interest, # so you may want to just e-mail me. Thanks. The 6 states of Australia have different laws, though the anti-gun lobby is currently pushing for uniform laws. The Federal government really only controls importation, and they are extremely strict and hostile about weapon importation. (Even slingshots are restricted.) They bought the only remaining large private rifle manufacturer, in order to close it down. The anti-gunners recently (~2yrs) used media coverage of mass murders to push through very draconian laws in the two largest states, Victoria and New South Wales. In Victoria, for example, they have even banned crossbows, and were moving to ban normal bows (don't know what became of this). In NSW millions of dollars worth of rifles were seized without compensation. Western Australia has always been fairly tough, but the Northern Territory (mostly a huge wilderness area, with several types of dangerous game) is said to be pretty lenient. Don't know much about South Australian or Queensland laws. The laws of my own state, Tasmania, were also changed at the same time, but in this case the new Act was very well formed. Basically it was sensible enough to completely rob the extremists of popular support, but doesn't actually stop shooters from doing anything remotely reasonable. In fact many parts of it seem far more reasonable than some of the American stuff I now hear on the Net. It includes provisions for granting temporary permits to visitors. If you would like a more detailed description of the Tasmanian Act, email me. One big difference to Americans will be pistol permits. Through most of Australia, pistols have always been more restricted than long arms, and pistols are registered throughout Australia. Permits for self-defense are only granted if you can show a special need, and not always then. You must have some sort of gun safe to get a pistol permit. Hope this helps. ----- End Included Message ----- ------------------------------ Topic No. 3 Date: Wed, 22 Jun 1994 15:43:37 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 84 Message-ID: <9406222143.AA03158@orion.sal> This is the first in a series. Most of the typos are mine (there is at least one in my copy of the Criminal Code). Please tell me if you find any and they will be corrected for the archives. Thanks. 84. (1) For the purposes of this Part, "antique firearm" means any firearm manufactured before 1898 that was not designed to use rim-fire or centre-fire ammunition and that has not been redesigned to use such ammunition, or, if so designed or redesigned, is capable only of using rim-fire or centre-fire ammunition that is not commonly available in Canada; "chief provincial firearms officer" means a person who has been designated in writing by the Attorney General of a province as the chief provincial firearms officer for that province; "Commissioner" means the Commissioner of the Royal Canadian Mounted Police; "firearm" means any barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm; "firearms acquisition certificate" means a firearms acquisition certificate issued by a firearms officer under section 106 or 107; "firearms officer" means any person who has been designated in writing as a firearms officer by the Commissioner or the Attorney General of a province or who is a member of a class of persons that has been so designated; "genuine gun collector" means an individual who possesses or seeks to acquire one or more restricted weapons that are related or distinguished by historical, technological or scientific characteristics, has knowledge of those characteristics, has consented to the periodic inspection, conducted in a reasonable manner and in accordance with the regulations, of the premises in which the restricted weapons are to be kept and has complied with such other requirements as are prescribed by regulation respecting knowledge, secure storage and the keeping of records in respect of the restricted weapons; "large-capacity cartridge magazine" means any device or container from which ammunition may be fed into the firing chamber of a firearm; "local registrar of irearms" means any person who has been designated in writing as a local registrar of firearms by the Commissioner or the Attorney General of a province or who is a member of a class of police officers or police constables that has been so designated; "permit" means a permit issued under section 110; "prohibited weapon" means (a) any device or contrivance designed or intended to muffle or stop the sound or report of a firearm, (b) any knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, (c) any firearm, not being a restricted weapon described in paragraph (c) or (c.1) of the definition of that expression in this subsection, that is capable of, or assembled or designed and manufactured with the capability of, firing projectiles in rapid succession during one pressure of the trigger, whether or not it has been altered to fire only one projectile with one such pressure, (d) any firearm adapted from a rifle or shotgun, whether by sawing, cutting or other alteration or modification, that, as so adapted, has a barrel that is less than 457 mm in length or that is less than 660 mm in overall length, (e) a weapon of any kind, not being an antique firearm or a firearm of a kind commonly used in Canada for hunting or sporting purposes, or a part, component or accessory of such a weapon, or any ammunition, that is declared by order of the Governor in Council to be a prohibited weapon, or (f) a large-capacity cartridge magazine prescribed by regulation; "registration certificate" means a restricted weapon registration certificate issued under section 109; "regulations" means regulations made by the Governor in Council pursuant to section 106; "restricted weapon" means (a) any firearm, not being a prohibited weapon, designed, altered or intended to be aimed and fired by the action of one hand, (b) any firearm that (i) is not a prohibited weapon, has a barrel that is less than 470 mm in length and is capable of discharging centre-fire ammunition in a semi-automatic manner, or (ii) is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or (c) any firearm that is designed, altered or intended to fire bullets in rapid succession during one pressure of the trigger and that, on January 1 , 1978, was registered as a restricted weapon and formed part of a gun collection in Canada of a genuine gun collector, (c.1) any firearm that is assembled or designed and manufactured with the capability of firing projectiles in rapid succession with one pressure of the trigger, to the extent that (i) the firearm is altered to fire only one projectile with one such pressure, (ii) on October 1 , 1992, the firearm was registered as a restricted weapon, or an application for a registration certificate was made to a local registrar of firearms in respect of the firearm, and the firearm formed part of a gun collection in Canada of a genuine gun collector, and (iii) subsections 109(4.1) and (4.2) were complied with in respect of that firearm, or (d) a weapon of any kind, not being a prohibited weapon or a shotgun or rifle of a kind that, in the opinion of the Governor in Council, is reasonable for use in Canada for hunting or sporting purposes, that is declared by order of the Governor in Council to be a restricted weapon. (1.1) For the purposes of paragraph (d) of the definition "prohibited weapon" and of subparagraph (b)(i) of the definition "restricted weapon" in subsection ( I ), the length of a barrel of a firearm means (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and (b) in any other case, the distance from the muzzle of the barrel to and including the chamber, but not including the length of any part or accessory including parts or accessories designed or intended to suppress the muzzle flash or reduce recoil. (1.2) Where the Governor in Council makes an order referred to in paragraph (e) of the definition "prohibited weapon" in subsection (1), the Governor in Council may also, by order, declare that a person who possesses a weapon referred to in that paragraph prior to the coming into force of the order referred to in that paragraph shall only retain the ownership and possession of the weapon if the person obtains a registration certificate in respect of the weapon in accordance with section 109 and, where the Governor in Council makes such an order, the weapon is deemed to be a restricted weapon for that person for the purposes of this Act. (2) Notwithstanding the definition "firearm" in subsection (1), for the purposes of the definitions "prohibited weapon" and "restricted weapon" in that subsection and for the purpose of section 93, subsections 97(1) and (3) and sections 102, 104, 105 and 116, the following weapons shall be deemed not to be firearms: (a) an antique firearm unless (i) but for this subsection, it would be a restricted weapon, and (ii) the person in possession thereof intends to discharge it, (b) any device designed, and intended by the person in possession thereof, for use exclusively for (i) signalling, notifying of distress or firing stud cartridges, explosive-driven rivets or similar industrial ammunition, or (ii) firing blank cartridges; (c) any shooting device designed, and intended by the person in possession thereof, for use exclusively for (i) slaughtering of domestic animals, (ii) tranquilizing animals, or (iii) discharging projectiles with lines attached thereto; and (d) any other barrelled weapon where it is proved that that weapon is not designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or to discharge a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second. (3) A police officer or police constable designated in writing by the Commissioner or the Attorney General of a province for the purposes of this subsection or who is a member of a class of police officers or police constables that has been so designated may perform such functions and duties of a local registrar of firearms under subsections 109(1) to (6) and subsections 110(3) and (4) as are specified in the designation. ------------------------------ Topic No. 4 Date: Wed, 22 Jun 1994 15:54:23 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 85 Message-ID: <9406222154.AA03189@orion.sal> 85. (1) Every one who uses a firearm (a) while committing or attempting to commit an indictable offence, or (b) during his flight after committing or attempting to commit an indictable offence, whether or not he causes or means to cause bodily harm to any person as a result thereof, is guilty of an indictable offence and liable to imprisonment (c) in the case of a first offence, except as provided in paragraph (d), for not more than fourteen years and not less than one year, and (d) in the case of a second or subsequent offence, or in the case of a first offence committed by a person who, prior to January 1 , 1978, was convicted of an indictable offence or an attempt to commit an indictable offence, in the course of which or during his flight after the commission or attempted commission of which he used a firearm, for not more than fourteen years and not less than three years. (2) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on him for an offence arising out of the same event or series of events and to any other sentence to which he is subject at the time the sentence is imposed on him for an offence under subsection (1). ------------------------------ Topic No. 5 Date: Wed, 22 Jun 1994 16:53:33 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 86 Message-ID: <9406222253.AA03272@orion.sal> 86. (1) Every one who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded, (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. (2) Every one who, without lawful excuse, uses, carries, handles, ships or stores any firearm or ammunition in a careless manner or without reasonable precautions for the safety of other persons (a) is guilty of an indictable offence and liable to imprisonment (i) in the case of a first offence, for a term not exceeding two years, and (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. [subsection 86(2) was/will be repealed and replaced with the following.] (2) Every person who uses, carries, handles, ships or stores any firearm or ammunition in a manner that shows wanton or reckless disregard for the lives or safety of other persons (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. (3) Every person who stores, displays, handles or transports any firearm in a manner contrary to a regulation made under paragraph 116(1)(g) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. ------------------------------ Topic No. 6 Date: Wed, 22 Jun 1994 17:05:30 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 87 Message-ID: <9406222305.AA03284@orion.sal> Possession of weapon or imitation. 87. Every one who carries or has in his possession a weapon or imitation thereof, for a purpose dangerous to the public peace or for the purpose of committing an offence, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. ------------------------------ Topic No. 7 Date: Wed, 22 Jun 1994 17:06:36 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 88 Message-ID: <9406222306.AA03293@orion.sal> 88. Every one who, without lawful excuse, has a weapon in his possession while he is attending or is on his way to attend a public meeting is guilty of an offence punishable on summary conviction. ------------------------------ Topic No. 8 Date: Wed, 22 Jun 1994 17:08:01 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 89 Message-ID: <9406222308.AA03307@orion.sal> 89. Every one who carries a weapon concealed, unless he is the holder of a permit under which he may lawfully so carry it, (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. ------------------------------ Topic No. 9 Date: Wed, 22 Jun 1994 17:27:09 +0600 From: skeeter@skatter.usask.ca (Skeeter Abell-Smith) To: cdn-firearms@skatter.usask.ca Subject: Section 90 Message-ID: <9406222327.AA03345@orion.sal> 90. (1) Every one who has in his possession a prohibited weapon (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction. (2) Every one who is an occupant of a motor vehicle in which he knows there is a prohibited weapon (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. (3) Subsection (1) does not apply to a person who comes into possession of a prohibited weapon by operation of law and thereafter, with reasonable dispatch, lawfully disposes thereof. (3.1) Subsection (1) does not apply in a province with respect to any person designated by the Attorney General of the province as a person who belongs to a class of persons who require a prohibited weapon described in paragraph (c), (e) or (f) of the definition "prohibited weapon" in subsection 84(1) or any component or part thereof for a purpose that the Governor in Council prescribes by regulation to be an industrial purpose, or to any person who is under the direct and immediate supervision of such a person. (3.2) Notwithstanding anything in this Act, no person is guilty of an offence under subsection (1) by reason only that the person possesses a prohibited weapon described in paragraph (f) of the definition of that expression in subsection 84(1), where (a) that person has been authorized in writing by the local registrar of firearms to be a person who may possess such a weapon for use in conjunction with a firearm that is suitable for use in shooting competitions designated by the Attorney General and is lawfully possessed by the person and where that person has complied with all conditions for the possession of that weapon that are prescribed by regulations or that are required by the local registrar of firearms in the particular circumstances and in the interests of the safety of the person or of any other person; or (b) that person is a person who is designated for the purposes of paragraph 95(3)(b). (4) Subsection (2) does not apply to an occupant of a motor vehicle in which there is a prohibited weapon where, by virtue of subsection (3) or section 92, subsection (1) does not apply to the person who is in possession of that weapon. ------------------------------ End of CDN-FIREARMS Digest 50 *****************************