Area of Law: Criminal Law
Answer # 7831
Unauthorized import or exporting
Region: Ontario Answer # 7831Firearms Import and export offences appear in Part III of the Criminal Code and include offences related to 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, 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 Act 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.
Punishment — other cases
(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 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.
Visit other answers in this section or view the Criminal Code for more information on firearms and other weapon offences.
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