Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-15 and last amended on 2014-09-19. Previous Versions

 [Repealed before coming into force, 2008, c. 20, s. 3]

Marginal note:Breaking and entering to steal firearm
  •  (1) Every person commits an offence who

    • (a) breaks and enters a place with intent to steal a firearm located in it;

    • (b) breaks and enters a place and steals a firearm located in it; or

    • (c) breaks out of a place after

      • (i) stealing a firearm located in it, or

      • (ii) entering the place with intent to steal a firearm located in it.

  • Definitions of “break” and “place”

    (2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Entrance

    (3) For the purposes of this section,

    • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

    • (b) a person is deemed to have broken and entered if he or she

      • (i) obtained entrance by a threat or an artifice or by collusion with a person within, or

      • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 98;
  • R.S., 1985, c. 27 (1st Supp.), s. 13;
  • 1991, c. 40, s. 11;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 9.
Marginal note:Robbery to steal firearm

 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

  • 2008, c. 6, s. 9.

Trafficking Offences

Marginal note:Weapons trafficking
  •  (1) Every person commits an offence who

    • (a) manufactures or transfers, whether or not for consideration, or

    • (b) offers to do anything referred to in paragraph (a) in respect of

    a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition 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 any Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition 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.

  • Marginal note:Punishment — other cases

    (3) 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 not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 99;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 10.