Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Possession for purpose of weapons trafficking

• 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition for the purpose of

  • (a) transferring it, whether or not for consideration, or

  • (b) offering to transfer it,

  knowing that the person is not authorized to transfer it 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) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 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 of not more than 14 years.