Canadian Criminal Law/Firearms

Firearms
Firearms are a type of weapon. They are designed to kill or wound and so are less likely to have legitimate purposes beyond hunting and target shooting. Thus, unlike knives and clubs which do have benign purposes, firearms are always considered weapons.

A firearm can include many types of barreled weapons. It is not significant whether there is ammunition available.

Generally speaking, firearms can be classified into two types:
 * Long Guns (rifles, carbines, and shotguns) and
 * Handguns (revolvers, pistols)

A handgun is defined under s. 84(1):

Firearm Action
The "action" of the firearm refers to the speed at which the firearm can fire.

Firearms can have:
 * Single vs. Double Action (revolvers)
 * Pump action (Shotguns)
 * Break action (Shotguns)
 * Lever action (Shotguns, Rifles)
 * Bolt action (Rifles)

Section 84(1) states:

Section 1 of the Regulations, SOR/98 98-462 462 states:

Certain weapons can be adapted to be both semi-automatic and fully automatic.

Inoperable guns
An inoperable gun can be a firearm if it can be fixed into operating order in a relatively short period of time and with relative ease. Likewise, if there is at least some evidence indicating or inferring that the alleged firearm, because of a defect or inadequacy, is incapable of being fired, then it is not a firearm.

Make-shift firearms
Whether something can be adapted for use as a firearm depends on the amount, nature and time spent adapting the device.

Certain devices such as pellet guns can be found to be a firearm where it is "used or intended to be used for a dangerous purpose".

Imitation firearms
An "imitation firearm" refers to "any thing that imitates a firearm, and includes a replica firearm;" (s. 84)

A starting pistol is an "imitation firearm".

A "prohibited device" refers to "(e) a replica firearm;"(s. 84)

A "replica firearm" refers to "any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;" (84)

See R. v. Scott, 2000 BCCA 220

Prohibited firearm
Where a weapon can be quickly and readily converted to an automatic gun, then that weapon must fall within the definition of "prohibited weapon". However, a gun frame or receiver, inoperable by itself because the selector button was welded to prevent it firing automatically, is not a prohibited weapon, because the modification required to remove the weld required specialized knowledge and considerable effort.

When involving a knife that is found to be a prohibited weapon, the crown must also establish that the accused was aware of the feature that makes it a prohibited weapon.

Brass knuckles are usually considered prohibited weapons. They do not have to have holes for all fingers to be prohibited.

Ammunition
Proof that the ammunition was capable of being discharged is usually done by way of the actual discharging of at least one cartridge. However, it can also be proven by way of opinion from an expert upon examination of the cartridge and the context of the finding of the cartridge.

Use of a firearm
The use of a firearm must be more than mere possession and can be less than discharging it.

Use has been found to include:
 * striking a person with it
 * pointing the firearm at a person
 * holding it to intimidate
 * brandishing the firearm

It is not use where the accused merely holds the weapon, makes a threatening reference to the firearm, close accessibility to a firearm with an intent to use it.

Note that a party to a principle who is "using" a firearm can be considered a "user" of the firearm as well.