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An Act to amend the Criminal Code and the Firearms Act (S.C. 2012, c. 6)

Assented to 2012-04-05

An Act to amend the Criminal Code and the Firearms Act

S.C. 2012, c. 6

Assented to 2012-04-05

An Act to amend the Criminal Code and the Firearms Act

SUMMARY

This enactment amends the Criminal Code and the Firearms Act to remove the requirement to register firearms that are neither prohibited nor restricted. It also provides for the destruction of existing records, held in the Canadian Firearms Registry and under the control of chief firearms officers, that relate to the registration of such firearms.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Ending the Long-gun Registry Act.

Marginal note:R.S., c. C-46

CRIMINAL CODE

Marginal note:2008, c. 6, s. 4

  • 2. (1) Subsection 91(1) of the Criminal Code is replaced by the following:

    Marginal note:Unauthorized possession of firearm

    • 91. (1) Subject to subsection (4), every person commits an offence who possesses a firearm without being the holder of

      • (a) a licence under which the person may possess it; and

      • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraph 91(4)(b)(ii) of the Act is replaced by the following:

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (3) Subsection 91(5) of the Act is repealed.

Marginal note:2008, c. 6, s. 5

  • 3. (1) Subsection 92(1) of the Act is replaced by the following:

    Marginal note:Possession of firearm knowing its possession is unauthorized

    • 92. (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not the holder of

      • (a) a licence under which the person may possess it; and

      • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraph 92(4)(b)(ii) of the Act is replaced by the following:

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (3) Subsections 92(5) and (6) of the Act are repealed.

Marginal note:2008, c. 6, s. 7

  • 4. (1) The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Unauthorized possession in motor vehicle

    • 94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraphs 94(1)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) the person or any other occupant of the motor vehicle is the holder of

      • (A) a licence under which the person or other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

      • (A) a licence under which that other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or

  • Marginal note:1995, c. 39, s. 139

    (3) Subsection 94(5) of the Act is repealed.