|
Re: .2:
Here is one of the articles of which you speak.
Quoted without permission, I have edited this article to save space and to
exclude some of the more breathless prose, concentrating on the facts of
the cases. I have made some comments inside square brackets [].
jc
==============================================================================
The Toronto Star January 21, 1995
"Guns Across The Border", by William Marsden
- Brossard, Que., November 10, 1992: Using a 9mm Ultratech equipped with a 12"
silencer, 2 men shoot 4 people in a drug-related robbery.
[NOTE: This gun is described later in the article as being an `Intratech';
gun afficionados will no doubt know which name is correct.]
- Toronto, Ont., September 13, 1993: 3 thieves rob a downtown jewellery whole-
saler with a 9mm Sigarms, escaping with $90,000 in merchandise.
- Vancouver, B.C., October 15, 1993: 5 men steal $500,000 worth of jewellery
from a Birks store. They are armed with a 9mm Cobray Mach 11, a .25-calibre
Sundance and a 9mm Glock.
[NOTE: I'm not sure, but I believe that `Mach 11' may be the wrong model
name; perhaps more correctly referred to as M-11 or MAC-11.]
In all three cases, the guns involved came from Wayne D. Reed, of Burlington,
Vermont.
Wayne D. Reed, 49, lives with his wife and four children in a housing
development in north Burlinton. Reed is one of a growing number of Americans
who are using lax U.S. gun laws to obtain weapons and sell them illegally and
at high profits for export to Canada. Since 1991, according to his own
estimates, he has sold about 900 firearms, mostly high-powered pistols, to
Mohawks who smuggled them over the border into Quebec and resold them to
criminals in Canada.
The same routes developed for cigarette and booze smuggling - river crossings
at Akwesasne on the St Lawrence River and Walpole Island on the St. Clair River
are now being used for guns. "It used to be that when we seized cigarettes we
also found some alcohol. Now we seize alcohol and there are guns that we
find," said Inspector Jean Brisebois, head of the RCMP customs squad in
Montreal. Just last month, Brisebois formed an 8-man unit to investigate gun-
running from Europe and the U.S. into Quebec.
In Quebec, Reed's guns have been bought by drug dealers connected to reputed
Mafia boss Vito Rizzuto, west-end gang members, Hell's Angels and other bikers,
an Armenian-Canadian jewel robbery ring, and Jamaican-Canadian gangs, as well
as small-time crooks and jail-breakers.
In February, Justice Minister Allan Rock will introduce an even stricter gun
law in Parliament which will outlaw the import and sale of almost all handguns
as well as all military-style rifles, and impose a minimum sentence of one
year against violators. The minister is also proposing a sentence of up to
10 years in prison for people caught smuggling firearms. Under current laws,
gun smuggling is a violation of the Customs Act subject to a $500 fine per
weapon seized.
For Reed and his associates, procuring and smuggling guns is about as easy as
buying groceries for home delivery. With a U.S. federal dealer's licence,
Reed can legally buy and sell any firearm except machine guns. He waits for
the orders to pile up so he can get a cut rate from the wholesaler by buying
in quantity. Criminals place their orders through various Mohawk gun dealers
who in turn place the orders with Reed or dealers like him. The Mohawks fill
out U.S federal firearms transaction forms (referred to as `yellow sheets')
with false names taken from Vermont phone books. The weapons are then smuggled
into Canada through a border point manned by a paid-off Canada Customs guard.
The Mohawks have "a border guard at a small crossing who would phone them when
he was on," Reed said in an interview. "For $500, he allowed them to bring
anything they wanted across. There are guns going across today."
[I don't doubt this part at all; IMHO, Canada Customs is rotten to the core.]
The result of Reed's trade is clear from tracing just 93 of his weapons. An
investigation involving the help of police in Vancouver, Toronto and Quebec,
and through the records of the U.S. Bureau of Alcohol, Tobacco and Firearms
(BATF) has found that guns sold by Reed were used to commit at least 5 murders,
11 robberies, 2 assaults, 9 attempted murders, 12 narcotics violations, two
suicides, two extortion attempts, and two death threats. Another 41 of the
93 guns were seized while investigating crimes unrelated to guns. 6 guns were
found discarded in streets, bars and police squad cars.
BATF agents in Vermont estimate 800 of Reed's guns are still out on Canadian
streets. And Reed is only one operator in the gun-running networks. Over the
last two years, police in Ontario and the BATF have cracked 4 smuggling groups
that brought more than 490 guns into the country. Last year, the BATF opened
investigations of 7 networks smuggling firearms into Quebec. The bureau's
information came from the Suret� du Qu�bec's new Project Canon, a squad formed
last February to trace weapons seized by Quebec police forces. The Ontario
Provincial Police have formed a similar squad called the Provincial Weapons
Enforcement Unit.
But no matter how many squads are formed and how much money is spent, they are
still up against relative untouchables in the U.S. - like Wayne D. Reed, who
for a decent buck will gladly bend [break, actually] U.S. laws and quietly
funnel guns to Canadians.
Reed has never worked in nor owned a gun shop. Nor has he ever had an office.
He doesn't need them. His licence, for which he paid $90 on Dec. 18, 1991, is
all he needs. It allows him to buy and sell guns in Vermont to Vermonters.
But if he wants to sell his guns to Canadians, no one will know the difference
unless Canadian police complain.
When two Mohawks from Kahnawake he called Snow and Gar approached him in late
1991 to buy guns to smuggle to Canada, he seized the opportunity. He had
dabbled in the trade over the previous summer by illegally selling several
high-powered handguns to a Kahnawake Mohawk who Reed said he knew only as Andy.
Andy introduced him to Snow and several heavily armed associates at a meeting
in a remote corner of a farmer's field outside Altona, N.Y., on land Mohawks
claim is their territory. It was at that meeting that Snow and his associates
persuaded Reed to sell firearms full-time.
Reed said he sold guns "for the love of my family. Let's put it this way, I
was able to pay my bills and my kids didn't say, `Gee, Dad, why can't I have
this?'" Reed sold - and one Mohawk source said he continues to sell - the kind
of high-powered pistols and rifles that under Canada's laws are difficult to
obtain legally unless the buyer is a collector or uses the guns for target
shooting.
Despite the hundreds of guns he has sold illegally, Reed has only one firearms
conviction. He pleaded guilty in 1993 to selling a high-powered pistol to a
person he knew was not a Vermonter. He got 3 years probation. He said he
voluntarily surrendered his licence and no longer sells guns, but the BATF
licensing department in Georgia said Reed still has a dealer's permit.
Court, police, and BATF records in Montreal and the U.S. show that the 9mm
Intratech used in the quadruple slaying in Brossard was purchased on Feb. 5,
1992, by Reed from RSR Wholesale Guns Inc. in Rochester, N.Y. RSR sent the
gun to Reed by UPS as part of a larger shipment. Reed sold the gun to James
Eugene (Gar) Cross, 35, who took it to New York and then smuggled it into
Canada. In the Vancouver case, two guns are known to have come through Reed:
a .25-calibre Sundance and a 9mm Glock. A third gun, a Cobray Mach 11, had
its serial numbers drilled out and the BATF suspects it came through Reed.
The Sundance was one of 40 which RSR Wholesale Guns shipped to Reed on Aug. 3,
1992. They were all smuggled into Canada, Reed admitted in an interview. The
9mm Glock was shipped to Reed on April 12, 1992. Onerahtase Phillips, 23, of
Kahnawake, picked up the gun from Reed on Dec. 9, 1992, and signed a purchase
order in the name of Harvey Klein of Burlington, Vermont.
Reed sold his guns for about a 100% markup and the Mohawks resold them for the
same profit margin. The cheaper handguns cost Reed as little as $50 U.S., and
the more expensive guns such as the 9mm Taurus pistol cost up to $600 U.S.
Selling 900 guns a year could easily bring in $200,000 U.S. Reed's clients
also ordered machine guns and plastic explosives, but Reed said he refused to
take those orders.
Reed relied on his Mohawk clients to drill out the serial numbers on all the
guns they purchased so the weapons couldn't be traced back to him, but they
sometimes resold the guns in Canada with the numbers intact or only one digit
erased - which is why Reed was eventually charged in 1993. Last month, in
a search of a Toronto apartment occupied by a small-time named Michael Malabre,
police found a 9mm Glock supplied by Reed. The serial number had been drilled
off, but the gun was still in its box, which had the serial number on it.
A second Mohawk gun-running network, this one out of the Akwesasne reserve,
which straddles the New York, Ontario and Quebec borders, specialized in
automatic weapons. Clyde Cree, 23, Kenneth Cree, 17, Jason Ingle, 19, and
Allan Peters, 22, purchased more than 200 Cobray Mach 11s from Rodney Carney,
owner of Carney's Shooters Supply in Massena, N.Y. The BATF arrested the Cree
brothers, Ingle, Peters and Carney last spring. The Cree brothers, Ingle and
Carney pleaded guilty to gun-related charges and are awaiting sentencing.
Peters is a fugitive living in Akwesasne.
Eric Walker, 31, a prison guard in Connecticut, ran guns to Jamaican gangs in
Toronto and Montreal until he was arrested in November 1993 and convicted last
year. Montreal police found six of Walker's firearms in Montreal in 1993 and
1994; four of the people arrested in these gun seizures were teenagers (one
had two guns) and the fifth was 20 years old.
In Detroit, Larry Braxton, owner of Larry's Lethal Weapons, illegally sold
more than 300 handguns in Toronto in 1993 until he was arrested by the BATF
and later convicted. One of his guns was used in the murder-robbery of a
Toronto convenience store owner in 1993.
Kevin McLaren and Kenneth Powell, also working out of Detroit, ran more than
300 guns into Toronto. The BATF arrested both men in 1993. McLaren got 18
months in jail while Powell got 24 months.
All of these arrests were the result of BATF's tracing of weapons seized in
Ontario.
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Note 130.383 Canadian Gun control-Americans be forewarned 383 of 383
SUBPAC::SADIN "One if by LAN, two if by C" 1199 lines 11-FEB-1995 09:49
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--------------------------------------------------------------------------------
[EDITOR'S NOTE: THIS IS A DOCUMENT ISSUED BY THE DEPARTMENT OF
JUSTICE IN OTTAWA, CANADA, DESCRIBING THE PROPOSED NEW CANADIAN
FIREARMS REGULATIONS. THESE REGULATIONS WILL BE DISCUSSED IN
PARLIAMENT IN FEBRUARY 1995.
THIS DOCUMENT HAS BEEN ELECTRONICALLY SCANNED AND THEN
EDITED TO REFLECT THE LAYOUT OF THE ORIGINAL.]
=================================================================
|| w || Department of Justice
Canada
Ministere de la Justice
Canada
The Government's
Action Plan
on Firearms Control
Canada
=================================================================
The Government's
Action Plan
on Firearms Control
=================================================================
Published by authority of the Minister of Justice
and Attorney General of Canada
Government of Canada
by
Communications and Consultation
Department of Justice Canada
Ottawa, Ontario
KlA 0H8
(613) 957-4222
JUS-669E
Graphic Design: Jacques Charette et Associes Ltee
c Minister of Public Works and Government Services Canada 1994
Printed in Canada
=================================================================
TABLE OF CONTENTS
INTRODUCTION ................................................ 1
I BANNED FIREARMS AND FURTHER CONTROLS ................... 2
Introduction ........................................... 2
Prohibition of Certain Handguns ........................ 2
Other Handgun Controls ................................. 3
Controls on Military and Para-military Firearms ....... 4
Controls on Weapons other than Firearms ................ 5
II CRIMINAL PENALTIES & PROHIBITION MEASURES .............. 6
Introduction ........................................... 6
Use of Firearms to Commit Offences (S.85 and others) ... 6
Trafficking Offences ................................... 7
Unauthorized/Unregistered Possession ................... 8
Other Offences, Proceeds of Crime....................... 8
PROHIBITION MEASURES .................. ................ 9
Introduction ...................................... 9
Military Personnel ................................ 9
Young Offenders ................................... 9
Stalking and Drug Offences ....................... 10
"Proactive" Orders ............................... 10
Partial Prohibition for Sustenance................ 10
i
=================================================================
III BORDER CONTROLS ................................... 11
Introduction ...... ............................... 11
Import/Export and Registration .................... 11
Offences and Penalties ............................ 12
IV REGISTRATION ...................................... 13
Introduction ...................................... 13
Entering the System - the Screening of Applicants . 13
The Advantages of Universal Registration........... 14
Transitional and Implementation Provisions......... 15
Identification of Firearms and Owners.............. 15
Screening and Access Requirements ................. 16
Controls on Ammunition............................. 17
Responsibility for System Operation................ 17
Police and Military Firearms ...................... 17
Local Advisory Council ............................ 18
ii
=================================================================
INTRODUCTION
The purpose of this document is to describe the legislative
intentions of the Government of Canada in relation to firearms
control in this country. It reflects decisions that have been
made by Cabinet. It is being tabled in the House of Commons
because the actual legislation is still in preparation, and will
not be introduced until it is ready in February.
There is a long history in Canada of regulating the safe use
and ownership of firearms. As early as 1877, justices of the
peace were allowed to jail people in possession of a handgun
without reasonable cause. Criminal Code controls have existed
since 1892 when the first nation-wide permit system for the
carrying of small arms was created. The registration of handguns
began in 1932. The law was amended in 1969, 1976-77 and 1991 and
reflects three fundamental policies: the deterrence of the
misuse of firearms, general controls on persons given access to
firearms and controls placed on specific types of firearms.
The decisions announced in this document have built on that
history to achieve a comprehensive package of reforms. Through
this package, the Government will be banning many firearms,
cracking down on the criminal misuse of firearms, targeting
firearms smuggling and improving public safety by promoting the
safe use and ownership of firearms. Essential to these measures
is a new national firearms registration system that will provide
the foundation for effective border controls, enhanced criminal
investigations and police work, and the enforcement of safety
standards for firearms owners.
The Government intends to give legal force to this program
by introducing legislation in February to amend the Criminal
Code, Customs Act, Customs Tariff, Export and Import Permits
Act, National Defence Act, Young Offenders Act, and related
statutes and regulations.
Specifically, the government will proceed with:
o amendments and programs for controlling the import, export
and domestic transit of firearms;
o amendments to the offence and sentencing provisions of the
Criminal Code relating to the misuse of firearms, including
mandatory minimum sentence provisions;
o the prohibition of specified firearms and expansion of the
authority to prohibit by Order in Council;
o amendments to the Criminal Code and other statutes requiring
the registration and tracking of all firearms and their owners;
=================================================================
- 2 -
o other necessary or consequential amendments to the Criminal
Code and other statutes to simplify and clarify the legislation,
and to improve cost-effectiveness at the federal, provincial and
municipal levels.
I BANNED FIREARMS AND FURTHER CONTROLS
Introduction
Firearms that are particularly dangerous and/or have no
legitimate uses will be prohibited under the proposed changes.
Handguns are of special concern because they are small and easy
to conceal. They are also subject to regular theft and are the
preferred weapon for offences such as armed robbery. Those
identified for prohibition are compact, low-calibre weapons,
easily concealed and often cheaply-made, and are not considered
suitable for organized target-shooting. Numbers affected are
about 58% of the handguns presently owned in Canada. Existing
owners will be allowed to keep (but not transfer) handguns,
provided that they meet the same statutory criteria as other
owners. Assault pistols will be prohibited completely.
Just over 1.2 million restricted weapons are presently in
the hands of Canadians, about 1.15 million of them handguns. Nine
hundred and fifty thousand handguns are registered to about
560,000 private individuals. Registration is limited to specific
reasons, and most handguns are registered either for
target-shooting (48%), or for gun collections (21%). However,
only about 55,000 Canadians have carry permits to take a handgun
to a shooting club for use, which suggests that a large number
of handguns remain in the possession of Canadians who no longer
use them for the purpose for which they were acquired and
registered. Many owners have not fired their handguns within the
previous year, and many of these have not done so within the
previous five years. Handguns may only be registered for
personal protection in the most extreme circumstances and
numbers actually registered for that purpose are very small.
Prohibition of certain handguns
Several handguns based on submachinegun designs are being
immediately prohibited by being added to the existing Prohibited
Weapons List by Order in Council. Owners of these
"assault pistols" are being given until January 1, 1995 to turn
them in to the police, deactivate or otherwise dispose of them.
Most assault pistols were prohibited in 1992 because they are
particularly dangerous, but several new models have since been
identified. There are not many of these firearms in Canada.
=================================================================
- 3 -
Small, compact, low-calibre handguns that are easily
concealed and often cheaply-made, and are not considered to be
suitable for organized target-shooting--sometimes described as
"pocket pistols" or "Saturday-night specials"--will be
prohibited by an amendment that will expand the statutory
definition of "prohibited weapon" to include them. These include
all .25 and .32 calibre handguns, as well as all handguns with a
barrel length of 105mm (4.14") or less.
Such handguns are produced primarily for use as weapons, and
lack the accuracy needed for competitive target shooting. Many
are produced with barrels exactly 4" long, so the minimum length
has been set slightly over that figure to include them. This
category of handgun is substantial. Fifty-eight per cent of all
handguns currently registered in Canada fall into the categories
now banned (553,000 of 1.15 million). This includes about 40,500
.25 calibre guns, about 173,500 .32 calibre guns, and about
339,500 guns with barrels 105mm or shorter. Those who have these
firearms registered when this measure is passed into law will be
allowed to retain them for the remainder of their lives, subject
to the controls described below, but not to transfer them.
Other Handgun Controls
Handguns, like all restricted weapons, can only be
registered for specific purposes (eg: employment, collecting or
target-shooting) but, under the present system, remain registered
even if no longer needed for those purposes. The new law will
require registrants to re-establish their reason for having their
weapons every five years, failing which they will have to
transfer or dispose of them. Since unregistered or unauthorized
possession is an offence, the amendments will also provide for
the advance notification of registrants prior to expiry, and
afford a "grace period" for the disposal of restricted firearms.
Gun collecting is difficult to define and regulate. This is
an issue of concern because gun collecting is the only basis
permitted by law for possessing many non-sporting/military
firearms, and because the difficulty in distinguishing between
legitimate collectors and others leaves the category open to
abuse. At present, collector status is determined by a local
firearms registrar, who must indicate on each application
whether the applicant is a genuine collector. To place further
controls and national standardization on this practice, the
determination of whether an applicant was a "genuine gun
collector" within the definition will be made by a new (federal)
Registrar of Firearms. He or she will act on advice and
information provided by the local firearms officer to whom the
application was made and according to uniform national
standards. In addition, collections will be inspected at least
once every five years, and will be subject to additional
regulations.
A firearm safety course is currently required for all
Firearms Acquisition Certificate applicants. The proposed
changes would add a separate course
=================================================================
- 4 -
program for applicants for handguns and other restricted
firearms. This would reflect the additional safety concerns and
legal obligations for restricted weapons. It would also allow
some reduction in the content of the existing courses.
Shooting clubs require provincial approval before their
members can register restricted weapons for target-shooting on
their premises. The proposed changes will establish regulatory
requirements for the setting up and operation of shooting clubs
and the activities which can be carried on there. These will
include requirements for membership, record-keeping, national
certification or affiliation, safety standards for constructing
and operating firing-ranges, and similar matters. Obtaining
provincial approval will require compliance with the
regulations, and approval will be revoked where standards are
not maintained. A handgun owner seeking renewal of registration
for target shooting purposes will need to demonstrate active
membership in an approved club. The new law will require the
keeping of records that will make it possible to establish that
fact.
Currently, a restricted weapon may be registered by any
person 18 years of age or older on the basis that it is a
"relic", which is defined by regulation as a "souvenir" or
"keepsake". These provisions, often used in the past to register
war-trophies, will be repealed, along with the corresponding
regulations. This is consistent with the overall direction of
these measures which is to limit carefully the reasons for
having a handgun in private possession. Those who have
restricted weapons registered as relics will be allowed to keep
them until the end of their lives, but no transfers or further
registrations will be permitted.
Controls on military and para-military firearms
Most military or paramilitary rifles and shotguns were
prohibited or restricted by Order in Council in 1992. Other
versions may be either non-restricted or restricted by the
statute itself, depending on technical characteristics (e.g.
barrel length). About 50-60,000 rifles and shotguns are already
registered as restricted weapons.
Currently, weapons cannot be prohibited by Order in Council
if they are "commonly used" for hunting or sporting purposes. In
recent years, there has been a major growth in shooting
competitions using military and paramilitary firearms which has
meant that it has become increasingly difficult to use the
present law in the way that was intended. Therefore, the law
will be amended to permit the Governor in Council to prohibit
weapons if it is of the opinion that they are "not reasonable"
for use in hunting or for sporting purposes.
=================================================================
- 5 -
Once this authority is in place, additional weapons will be
prohibited, including the Ruger "Mini-14" firearm -- used in the
1989 Ecole Polytechnique murders -- and the Colt AR-15 -- the
"civilian" version of the U.S. Army M-16 assault rifle. Those who
own these weapons will be able to keep them for life, but will
not be allowed to transfer them.
A number of currently restricted weapons are being declared
prohibited effective January 1, 1995 through Order in Council.
These include: all variants of the Kalashnikov (AK-47, AK-74)
assault rifle not already prohibited as automatic weapons, the
FN-FAL and its variants, as well as a number of other
paramilitary and military firearms. Once again, those who own
such firearms at present will be able to keep them until they
die, but not to transfer them.
A number of firearms that are not used for any sporting
purposes will be prohibited effective January 1, 1995, with no
right to keep them. These include variants of the Intratec
"Tec-9" assault pistol not already prohibited, the Franchi
"Spas-15" combat shotgun, the Benelli "M-1", "M-3", "B-4" and
"B-4B" combat shotguns, any variants or modified versions of
those firearms as well as several others.
The provision which authorizes Attorneys General to
designate competitions for which large capacity magazines may be
used and to certify individuals who may be permitted to possess
these magazines for such purposes will be repealed.
Controls on weapons other than firearms
The misuse of replica or imitation firearms will be
addressed by including them within the present Criminal Code
(s.85) offence and minimum sentencing provision, and through a
ban on manufacture, import and sale.
Crossbows will be dealt with by subjecting them to the same
screening controls as firearms, and bringing them within the
provisions for court prohibition orders. Compact or single-hand
crossbows, which have no legitimate recreational applications or
historical importance, will be prohibited by Order in Council
effective January 1, 1995.
Airguns are already "firearms" for the purposes of offence
provisions, but only require licenses if above a minimum muzzle
velocity (500 ft, or 152.4m per second). Concerns about injuries
and property damage have been raised, but some airguns are used
for legitimate shooting activities. Over the coming months, the
government will consult public health groups, firearms groups and
other interested parties to identify effective and appropriate
methods of reducing the health and safety risk associated with
airguns.
=================================================================
- 6 -
Flexibility to control access to other weapons, such as
capsicum "tear gas' sprays, will be created by splitting the
existing category of "restricted weapon" into "restricted weapon"
and "restricted firearm". The first class would contain only non-
firearms, for which a permit would be required, while the second,
dealing with firearms, would be subject to the full registration
requirements.
II CRIMINAL PENALTIES & PROHIBITION MEASURES
Introduction
Criminal misuse of firearms will be addressed through a
number of measures, including the creation of new, hard-hitting
offences and penalties. Longer minimum sentences are proposed
for use of firearms in the commission of specified serious
offences. New offences and stiff penalties relating to
trafficking and illegal possession are also proposed, as are
expansions to the powers of the courts to prohibit persons from
possessing firearms.
Use of firearms to commit offences (Criminal Code s.85 and
others)
The Criminal Code will be amended to enhance the deterrence
of crimes committed with firearms and other offensive weapons;
expand the term "firearm" in s. 85 of the Crimit1al Code to
include imitation firearms; and apply a longer unified mandatory
minimum sentence where violent offences are committed using a
firearm.
Section 85 of the Criminal Code provides for a minimum one
year sentence for using a firearm to commit an indictable
offence. This sentence is to be served consecutively to the
sentence for the underlying offence. Although it was intended as
a strong deterrent measure to discourage the use of firearms in
crime, there is evidence that s. 85 is not achieving its
purpose. Recent research by the Justice Department suggests the
following:
o In up to 2/3 of the cases where s. 85 charges are laid,
convictions do not result since the charges are either dismissed,
stayed or withdrawn by the prosecutor. Reasons include
evidentiary or other problems and plea negotiation.
o It is difficult to prove that the weapon used was a real
"firearm" (a requirement under s. 85) unless it is discharged or
the accused is caught in the act and it is seized.
o The most common underlying offence was armed robbery (62% of
cases).
=================================================================
- 7 -
o Sentences tend to be at the minimum end of the 1-14 year
range, averaging about 16.4 months, which is in addition to the
punishment imposed for the underlying offence.
o Some judges apply the "totality principle", reducing the
sentence for the underlying offence because of the s.85 term.
Rather than increasing the length of the term to be served
under s. 85, the new law will propose a different approach.
Section 85 will be retained as a general provision, and (as
mentioned) expanded to include the use of an imitation firearm.
New sections will be added, providing that when a person is
alleged to have committed certain serious offences with a
firearm, mandatory minimum sentences of four years in prison
will be imposed -- in addition to a mandatory lifetime
prohibition from possessing a restricted weapon, This will apply
to the following 10 violent offences committed with a firearm:
o attempted murder (s.239),
o manslaughter (s.236),
o criminal negligence causing death (s.220),
o robbery (s.344),
o kidnapping (s.279),
o hostage-taking (s.279.1),
o sexual assault with a weapon (s.272),
o aggravated sexual assault (s.273),
o extortion (s.346),
o discharge firearm with intent to cause harm etc.(s.244).
In addition to these changes to the law, more will be done
to encourage police, prosecutors and the courts to use these
provisions effectively. Provincial Attorneys General have already
been asked to urge prosecutors to use s.85 effectively and many
have developed prosecutorial guidelines to this effect.
Trafficking offences (firearms and ammunition) and punishments
Offences relating to illegal transfers of firearms will be
reinforced and condensed into new offences to support the
proposed firearm registration system. The range of offences
includes large-scale criminal trafficking, possession for the
purposes of trafficking and relatively minor situations where a
firearm is transferred without the proper acquisition or
registration documents. For this reason, there will be no
minimum punishment applied to summary prosecution cases; the
normal maximum penalties of 6 months or a $2,000 fine will
apply. A minimum punishment of one year will apply where the
offence is prosecuted on indictment. Where the person receiving
the firearm does not obtain the necessary permits, a five year
maximum punishment would apply with no specified minimum.
=================================================================
- 8 -
On a first indictable conviction for any of these offences,
a court could, at its discretion, prohibit the offender from
possessing any firearms for up to 10 years. On a subsequent
indictable conviction, a mandatory prohibition order would be
imposed prohibiting the offender from owning a restricted firearm
for life and any other firearm for 10 years.
Additional offences of possessing stolen or smuggled
firearms will be created and made punishable by a mandatory
minimum term of imprisonment of one year, when proceeded with by
indictment.
An offence of transferring ammunition to any person under
18, except the holder of a minors' permit, will be moved from
the Explosives Regulations, and the transfer or acquisition of
ammunition where the purchaser does not have proof of
registration under the new system will become a Criminal Code
offence. The use of other identification prescribed by
regulation will also be allowed until the registration system is
fully implemented.
Unauthorized/unregistered possession of firearms
To deter illegal possession of firearms, restricted or
prohibited weapons, several new offences will be created. One of
these will be applicable in cases where the accused is in
possession of any firearm not authorized by a permit or
certificate, or where the accused is authorized, but the firearm
has not been registered. This offence will apply in cases where
the breach of the possession or registration requirements was,
or might have been, inadvertent. It will be punishable on
summary conviction by a maximum $2,000 fine and six months in
jail, or on indictment by up to five years' imprisonment.
A second, more serious offence will apply in the same
factual circumstances, but where the accused knew that he or she
did not have the necessary registration or authorization, and
intentionally evaded these requirements. Where knowledge or
intent was proven, the new offence will also require a minimum
one year sentence on the second conviction.
Finally, anyone who, without the necessary permits, carries
a restricted or prohibited firearm when it is loaded, or when
there is ammunition readily accessible, commits an offence
punishable by a one year mandatory minimum prison term, if
prosecuted on indictment.
Other offences, "proceeds of crime" provisions
Other specific offences proposed include failing to report
losses or thefts of firearms, and making false or misleading
reports in that regard. Smuggling,
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trafficking and related conspiracy offences will also be added to
the list of "enterprise crime offences" in Part X11.2 of the
Criminal Code, making possible the confiscation of property, such
as vehicles, as "proceeds and instruments of crime".
PROHIBITION MEASURES
Introduction
Section 100 of the Criminal Code requires the courts to
impose a minimum 10 year prohibition on the possession of
firearms for those convicted of a serious offence involving the
use, the threat or an attempt of violence or a s.85 offence of
using a firearm to commit an indictable offence. Courts are also
required to consider prohibitions up to 10 years for less
serious violent offences and other firearms offences, and may
prohibit even if no offence has been committed where an
application is made by police and a danger to safety exists. The
1991 amendments doubled the lengths of prohibition orders and
provided limited discretion not to make mandatory orders in
exceptional cases. The new provisions will impose a mandatory
lifetime prohibition against possession of a restricted firearm
when an individual is convicted of a listed, serious, violent
offence and will include the authority to impose prohibition
orders in other circumstances.
Military Personnel
Prohibition orders apply to Criminal Code convictions, but
do not extend to the National Defence Act, which uses Criminal
Code offences but has its own punishment provisions. The
National Defence Act and the Criminal Code would be amended to
create discretionary powers for Courts Martial to prohibit
offenders. In addition, military courts would have the option of
prohibiting the accused except in the course of duties as a
member of the Canadian Forces, in order to avoid the automatic
discharge of every member who is prohibited. The Criminal Code
amendment would deem military prohibitions to be Criminal Code
prohibitions, so that civilian authorities could enforce the
orders and continue them even if the subject leaves the Canadian
Forces before the order expires.
Young Offenders
Prohibition orders are available to youth courts, but are
discretionary instead of mandatory. The proposal would amend the
Young Offenders Act to subject young offenders to the same
firearms prohibitions as adults for a given offence. The general
policy of the Young Offenders Act is to mitigate the punishment
of young offenders for reasons of diminished capacity and
prospects for rehabilitation. These policy objectives are not
affected by lack of access to a firearm. Other changes would
allow access to records or other information protected by the
Young
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Offenders Act where an offender later seeks to obtain a firearm,
or where the Crown is seeking to seize firearms or deny access
to them.
"Stalking" and drug offences
The 1993 "stalking" (criminal harassment) offence provides
specific powers to prohibit persons released on bail from
possessing a firearm, but those convicted are subject only to
discretionary prohibition under s.100(2). The 1991 amendments
extended prohibitions to drug smuggling and trafficking offences,
but on a discretionary basis only. The expansion of
narcotics-related prohibition orders was a Liberal Party "Red
Book" campaign commitment. The proposed changes would extend
mandatory prohibitions to those convicted or released on bail
for all of these offences, except where the court finds that
access to a firearm would not endanger the safety of any person
(including the subject him/herself), and provides reasons why
prohibition was not imposed.
"Proactive" orders, co-habitants or associates.
Proactive prohibition orders may now be made where there is
a danger to any person, but no offence has been committed. Under
this proposal, the grounds for firearm seizures and prohibitions
will beexpanded to include danger arising from the reasonable
likelihood that a prohibited person who resides or associates
with the subject will have access to a firearm. The order will
be limited to the length of the order made against the associate
or co-resident, and a person subject to such an order could seek
relief where the conditions under which it was made no longer
applied. This would make it possible to prohibit, if necessary,
an entire household from having firearms where any single
resident was dangerous and prohibited from possessing a firearm.
Partial prohibition for "sustenance" firearm users
Prohibition orders can create exceptional hardship for a
person who requires a firearm for sustenance. Limited discretion
not to prohibit in such cases was added to the statute in the
1991 amendments, but the change gave the courts only an "all or
nothing" power to prohibit completely, or make no order at all.
The proposed amendment would create an additional option of
partial prohibitions to allow limited access for use in hunting
or trapping. Courts could make an order fit the specific
circumstances of the accused where the accused would face
exceptional hardships otherwise and public safety is not
endangered. This change will allow courts to take account of
traditional aboriginal lifestyles.
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III BORDER CONTROLS
Introduction
Canada's relatively strict legislation and the easier
availability of firearms in the United States raise concerns
about smuggling, and past Parliamentary committees and the
Auditor General of Canada have both recommended legislative and
administrative controls. Thus, tighter border controls and
inspection procedures are proposed, the costs of which will be
recovered from firearms importers and exporters. Modern
data-processing and telecommunications technology will be used
to reduce administrative costs. The measures include the
tracking of firearms under a national registration system, new offence
provisions, and the forfeiture of vehicles used in smuggling,
shipments containing contraband, and proceeds of smuggling and
illegal trafficking. A number of measures have already been taken
by Canada Customs under existing powers to increase surveillance
and seize illegal imports.
Import/export and the proposed registration system
Existing import-export controls are based on the premise
that firearms are a commodity, and subject to the same trade
controls (e.g. taxes and duties) as other commodities. The
proposed changes include a fundamental re-orientation of this
approach, by recognizing that firearm imports also have
important consequences in terms of public safety and
crime-control. For every firearm that enters or leaves Canada,
the person responsible will be required to have either an
import/export permit for commercial use, or a Customs
declaration for personal use, so that the movement of all
firearms crossing the border can be tracked. The issuance
procedure for commercial permits will ensure that crime-control,
trade and foreign-policy interests are all considered.
The permits and declarations will form the first stage in
the registration of imported firearms, allowing Canada to
accurately monitor the types and quantities of weapons which
flow through the country. Import declarations and permits will
only be issued to individuals and companies who have the
necessary permits to possess the firearms while they are in
Canada. The costs and scrutiny involved will discourage the use
of Canada as a "touch-down" point for those using multiple
transfers to mask the source of illegal shipments or to avoid
foreign end-user controls.
Commercial and personal imports or exports will be treated
differently. For personal use firearms, the owner will obtain a
Customs declaration form at the border, from any Canada Customs
facility in Canada or abroad or from tourist businesses and/or
hunting outfitters. The completed form will identify the owner
and the firearm, and will be used to record the entry or exit of
the firearm when it occurs.
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Where a non-Canadian brings the gun into Canada, the
declaration, once stamped by Customs at the border, will also
serve as a temporary permit to possess the firearm for up to 60
days. Additional permits will still be required for restricted
weapons.
Commercial and other imports or exports will require a
permit, available only to applicants who already have the
appropriate Canadian business permit for the type(s) of firearm
involved. No export permit will be issued unless the applicant
has a permit to import the firearms into the recipient country.
Shipments into Canada will be inspected to ensure that the
registry information is accurate, and firearms will be tracked
until they leave Canada or are registered to a private owner.
The import inspection and registration process will be
operated by Canada Customs officials who will ensure that
accurate information is entered into the registration system as
firearms enter or leave Canada. In the commercial context, they
will also conduct inspections of firearms to control and deter
careless or dishonest labelling or packing of shipments. The
costs involved will be recovered from the importer or exporter
involved, and automated pre-clearance options will allow
importers to minimize costs where possible without compromising
the integrity of the information. To further reduce costs and
improve the quality of inspections, commercial shipments will be
required to enter Canada at a limited number of inspection
points where trained inspectors will be available.
The Export and Import Permits Act authorizes Orders in
Council barring strategic exports where the export would raise
security concerns for Canada, but not where the concerns relate
to the public safety of another country. The proposed amendment
will create a new delegated authority to include these
situations. Where a foreign government asks, and the export
would create public safety problems abroad, firearm exports from
Canada could be quickly stopped by Order in Council. The orders
would be made on a joint submission from the Attorney General of
Canada and the Minister of Foreign Affairs.
Offences and penalties
The existing Criminal Code offence provisions in relation to
smuggling and other border offences will be revised and combined.
An import-export permit for commercial use, or a Customs
declaration for personal use, will be required for all
transactions, and any import or export without these documents
will be an offence under the new provisions. The offence will
carry a mandatory minimum of one year imprisonment, if
prosecuted on indictment, and the same prohibition orders as
apply to trafficking offences will also apply here. Possessing a
smuggled or stolen firearm will also become a new offence,
punishable by a minimum one-year term, where prosecuted on
indictment.
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The power to seize and forfeit conveyances or other
instruments used for smuggling (e.g. vehicles, shipments) will be
expanded to include trafficking. This will provide a major
compliance incentive for the proposed registration system, as it
will apply to conveyances used to transport unregistered
firearms, and will be phased in as the system is implemented.
Existing powers and increased fines and penalties will be used
to ensure that importers accurately describe shipments and
maintain high levels of security for weapons passing through
Canada or before delivery to retailers or customers.
IV REGISTRATION
Introduction
Essential to all of the elements of this Firearms Control
Policy is an effective system for registering and tracking all
firearms in Canada. Such a system already exists for 1.2 million
restricted weapons, but the technology used is outmoded and
inefficient, creating unnecessary difficulties for firearms
owners and police. The proposed system will identify and track
all firearms through retail and private transfers, imports and
exports. It will also be designed to overcome problems in the
existing system and reduce red tape and time delays. Fees will
be set by regulation, and adjusted as necessary to achieve
cost-recovery, and all fee regulations will be subject to
Parliamentary (committee) review under subsection 116(2) of the
Criminal Code. The proposed changes will also delegate power to
make regulations governing the operation of the system.
Entering the system - the screening of applicants
The proposed amendments will change the present system,
which licenses the acquisition of all firearms and registers
only restricted weapons, to one that registers and tracks all
firearms as they are imported, exported, sold at retail and
transferred from one owner to another. The existing screening
procedure for Firearms Acquisition Certificate applicants was
enhanced in 1991, and will not be significantly changed,
although some further enhancements and technical improvements
are proposed. Instead, the system will be included as the
screening component for the proposed registration system in
respect of applicants seeking acquisition rights. Those who
already have firearms will be screened as they enter the new
system, but under an expedited process to reduce costs and
encourage compliance. In these cases, the use of only a basic
police check is sufficient, as these individuals already have
firearms, and in many cases, will have been previously screened
as Firearms Acquisition Certificate applicants. Firearms
Acquisition Certificate owners will switch to an FPC when their
FAC is renewed.
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Applicants will be screened according to the following
categories:
o _first-time applicants_ who currently do not own firearms
but who wish to acquire them will be required to meet the full
(enhanced) screening process, including the required safety
course or test;
o _first-time applicants who have firearms or a Firearms
Acquisition Certificate_ will only require a basic police record
check, but police would have discretion to investigate further,
if needed, and owners would be fully screened in future if they
wish to acquire more firearms;
o _applicants who have passed the Canadian Firearm Safety
Course_ will not have to re-take it.
The development and implementation of a Canada-wide
registration system for all firearms is a major project that will
involve the initial registration or re-registration of about 6-7
million existing firearms to their approximately 3 million
owners. Once initial implementation is complete, the system will
handle up to 500,000 transactions (import/export, acquisition,
transfer, disposal, etc.) per year, as well as queries for
information from police agencies.
The advantages of universal registration
Registration will bring a greater degree of overall firearms
control, and with it a number of direct benefits:
o deter and control theft, diversion and smuggling of
firearms;
o ensure individual and business compliance with transfer and
safe storage requirements;
o assistance in police investigations;
o enable police in domestic violence situations to better
prepare themselves where they know a firearm is present in the
home;
o enable police to enforce court prohibition orders by
ensuring that all firearms owned by the individuals have been
turned in;
o license access to ammunition (further deterring illegal
acquisition and smuggling);
o monitor firearm traffic through Canada, assisting
international small-arms controls; and
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- 15 -
o gather accurate statistical information about firearm
numbers and ownership patterns.
Transitional and implementation provisions
The development of the necessary programs will begin as soon
as possible, and will be done jointly by the Department of
Justice and the RCMP, in close co-operation with provincial
officials and local police agencies, who will operate much of
the new system. The system will be co-ordinated with other
changes presently being made to the Canadian Police Information
Computer (CPIC) system. Implementation of the national firearms
registration system will be carried out in two overlapping
phases:
o phase one, the registration of owners, beginning shortly
after Royal Assent, and
o phase two, the registration of firearms, beginning two years
after the start of phase one.
To encourage existing firearm owners to come forward and
register their guns, a number of compliance incentives are
proposed. These will include a total or partial waiver of fees,
where applications are made early, an expedited screening process
where the applicant already has firearms or a Firearms
Acquisition Certificate, and recognition of the existing
Canadian Firearm Safety Course. Offences dealing with
unregistered transfers and possession, ammunition and other
matters will also take effect in stages, where necessary, during
the implementation period.
Identification of firearms and owners
Firearms will be identified by make, model, serial number
and other identifiers when they enter Canada, are manufactured
here, or if already in the possession of a gun owner, when they
are first registered on the system. A firearms identification
number will be assigned and used to track the firearm within the
system. This may be attached to the firearm or alternatively,
for commercial purposes, to the shipment container in a
machine-readable form. This latter option will improve accuracy
and reduce the cost of tracking commercial imports and
transfers, especially where quantities of firearms are
transferred at once.
Owners will be identified on the system, and linked to the
types of firearm (if non-restricted firearms) or individual
firearms (if restricted firearms) which could lawfully be
possessed. For non-restricted firearms, businesses will be able
to enter sales onto the system automatically, and verify that
the purchaser was entitled to acquire and possess the firearm.
For restricted firearms the purchaser's eligibility
=================================================================
- 16 -
would still have to be determined by the Registrar of Firearms,
but the information and issuance, refusal or registration would
be transmitted electronically, thereby reducing processing
delays. Police agencies would be able to easily obtain
information about firearms and owners, and to trace found or
recovered firearms.
Screening and Access requirements:
The new program is not intended to re-invent the screening
system, which was extensively changed by the 1991 amendments, but
several enhancements of the system are proposed. As indicated
above, the enhanced Firearms Acquisition Certificate screening
process will become the screening component for first time
firearms possessors entering the Canadian Firearms Registration
System.
Provincial officials, regulatory bodies and professional
organizations will be consulted on a proposal to allow
health-care practitioners to disclose patient information where
there is a belief that allowing the patient access to a firearm
would endanger safety (including that of the patient
him/herself). Such information could be used to refuse
certificates or permits, or to prohibit the patient from having
firearms.
The Canadian Firearm Safety Course, developed and
implemented between 1991-94, will be extended to applicants for
"minors' permits", which allow those between 12-18 to acquire or
possess specific firearms for use in recreational applications.
Minors' permits are also available for sustenance. The
amendments will allow access to information protected by the
Young Offenders Act, where it concerns a person who has applied
for a firearm-related certificate or permit.
The safety courses required to qualify for firearms
acquisition will be subject to new criteria set in federal
regulations to ensure national consistency. The authority to
approve the courses will be extended to the Attorney General of
Canada, in addition to the Attorneys General of the provinces.
The creation of a separate safety course for handguns and
other restricted weapons will also permit the reduction of course
content for other guns. The Attorney General of Canada will have
the authority to approve courses on a province-by-province basis,
allowing for some flexibility, particularly to incorporate
additional materials where requested by the Yukon and Northwest
Territories (e.g. wilderness survival information, aboriginal
languages).
The administration of the full screening program is often
quite different in remote and aboriginal communities and major
urban centres. The legislation and existing provisions will allow
as much flexibility as possible to meet differing needs. The
Criminal Code already permits the appointment of local residents
(who need not be police officers) as firearm officers, and
further resources will be committed to
=================================================================
- 17 -
assisting these communities in developing and administering the
program in aboriginal languages and accessible formats.
Controls on Ammunition
Three major changes are proposed to control access to
ammunition and ammunition components. As noted above, existing
offences of transferring ammunition to a minor who does not have
a permit for a firearm will be shifted from the Explosives
Regulations to the Criminal Code, to emphasize their
significance and permit ready enforcement by provincial and
local police. The age limit will be brought into line with the
1993 increase of the age for Firearms Acquisition Certificate
applicants from 16 to 18. As part of the proposed registration
system, a registration or possession document will be required
in order to purchase ammunition. Until the system is fully
implemented, however, not every legitimate firearm owner will
have these documents, and during the implementation period,
existing documents (Firearms Acquisition Certificate,
registration certificates, minors permits etc.) will still be
used, and regulations will be amended to include other forms of
common identification. The authority to regulate the "storage,
display, handling and transportation" of firearms under the
Criminal Code will also be extended to ammunition, and the
regulations will be expanded to set the same standards for
storing ammunition as now apply to firearms.
Responsibility for system operation
Central functions of the existing system are managed by the
RCMP, with local and regional matters dealt with by police
agencies and the chief provincial firearms officers. The
proposed changes are intended to preserve effective federal
co-ordination of the system, while improving efficiency and
according the provinces more influence in the setting of
national policy. The authority to prescribe statutory
instruments such as certificates and permits will be transferred
from the RCMP Commissioner to the Attorney General. An
individual will be appointed as Registrar of Firearms, to take
full-time responsibility for managing the registration system.
The Registrar will be appointed by the Commissioner of the RCMP.
Police and military firearms
Canadian Forces firearms and firearms possessed by visiting
foreign forces are already tracked by the Department of National
Defence and will be excluded from the system. These include
regular service weapons, those in authorized military museums,
and those in the hands of foreign military personnel seconded to
the Canadian Forces or in Canada under the Visiting Forces Act.
Police service firearms will also be tracked, but by a separate
system maintained by the RCMP. This requirement, now optional,
will become mandatory. Firearms temporarily in police hands
(e.g. evidence firearms, seizures, surrendered guns etc.) will
be
=================================================================
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entered onto the registration system, to ensure that system
searches are able to trace them. Those who possess firearms on
behalf of the Department of National Defence or the police (e.g.
suppliers, repair contractors) will be tracked by either the
Department of National Defence or police system and opted out of
the main registry.
Local advisory council
The administration of the legislation raises particular
concerns in remote northern and aboriginal communities, where
municipal or band council members may be more aware of community
circumstances than the firearms officer, who is often a police
officer from outside the community. An effort will be made to
increase the use of local officials as firearm officers, who need
not be police officers under the statute. Where this is not
practicable, however, this proposed change would allow the
Attorney General of Canada to appoint a local advisory council
to function as a liaison between the firearms officer and the
community.
In addition, aboriginal communities will be consulted on all
aspects of the program's implementation, to ensure that their
aboriginal and treaty rights are respected.
[END OF DOCUMENT]
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