Weapons Trafficking

You can be charged under s. 99(1) of the Criminal Code with weapons traffickingInfluencing the movements of a person in order to exploit them if you manufacture or transfer — or offer to manufacture or transfer — any of the following items, knowing you are not authorized to do so under the Firearms Act or any other Act of Parliament: prohibited firearms, restricted firearms, non-restricted firearms, prohibited weapons, restricted weapons, prohibited devices, firearm parts, ammunition, or prohibited ammunition.

• PossessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. for the purpose of weapons trafficking
• If you possess any of those items for the purpose of transferring them to someone else — knowing you are not authorized to make that transfer — you can be charged with possession for the purpose of weapons trafficking under s. 100(1) of the Code.

• Importing or exporting knowing it is unauthorized
• If you import or export a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, firearm part, prohibited ammunition, or a component designed exclusively for an automatic firearm, knowing you are not authorized to do so, you can be charged under s. 103(1) of the Code.

• Unauthorized importing or exporting
• If you or your company import or export any of those items without being authorized to do so under the Firearms Act or any other Act of Parliament, you can be charged under s. 104(1) of the Code.

For charges under ss. 99, 100, and 103, the Crown must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you knew you were not authorized, under the Firearms Act or any other Act of Parliament, to manufacture, transfer, possess for transfer, or import or export the item in question. The item must be one of the specific categories the law names: a prohibited, restricted, or non-restricted firearm; a prohibited or restricted weapon; a prohibited device; a firearm part (a defined term covering barrels, slides, and other prescribed parts); ammunition; or prohibited ammunition. Knowing involvement in an unauthorized transaction is the key element, and not every situation will meet that test.

The charge of unauthorized importing or exporting under s. 104 is different in one important way: the Crown does not need to prove you knew the transaction was unauthorized. It is enough to prove that you imported or exported one of the listed items without being authorized to do so under the Firearms Act or any other Act of Parliament.

The charges of weapons trafficking,  possession for purpose of weapons trafficking and importing or exporting knowing it is unauthorized are treated as an indictable offenceA more serious type of Canadian criminal offence.. Only the charge of unauthorized importing or exporting is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., meaning the Crown can elect to treat it either as an indictable offence or a summary convictionLess-serious criminal offences.

If convicted of weapons trafficking under s.99, possession for the purpose of weapons trafficking under s.100, or importing or exporting while knowing it is unauthorized under s.103, the maximum sentence is 14 years in prison.

Mandatory minimums apply under those sections when the object is a firearm, prohibited device, firearm part, ammunition, or prohibited ammunition. The minimum is 3 years for a first offence and 5 years for a later offence.

Unauthorized importing or exporting under s.104 carries a maximum of 5 years on indictment, or two years less a day on summary conviction.

Some firearm offences still have mandatory minimum sentences in the Criminal Code. This page summarizes the Criminal Code wording. Some mandatory minimums have been challenged under the Charter, and a lawyer can advise how the law may apply in a specific case.