If I Am Convicted of an Offence Will the Court Take My Guns in Guelph?
Before making a probation order, under s. 731.1, a sentencing judge must consider the possibility of imposing a weapons prohibition order under s. 109 or 110 of the Criminal Code. A prohibition order is mandatory if a person is convicted of or discharged under s. 730 of an indictable violent offence, domestic violence, certain firearms offences, or certain offences related to the Controlled Drugs and Substances Act. This means that if a crime is particularly serious, a weapons prohibition order will be entered. Crimes committed with firearms are especially serious, as the Court would see that the accused is irresponsible in the possession of a weapon. Section 109(2) and section 109(3) of the Criminal Code describes the length a weapons prohibition order can last. A weapons prohibition, upon first offence, may last for ten years. However, if the offence was serious, or there were subsequent offences, a weapons prohibition can be entered for life.
Under section 114 and section 115 of the Criminal Code, surrendering the prohibited weapons may be mandatory. This does not apply for judicial interim release provisions. Sometimes the police will allow the accused to deposit weapons. If choosing to deposit a weapon with a peace officer, it is important to notify them beforehand and make transport arrangements.
What is “Prohibited Ammunition”?
Prohibited ammunition, described under section 84(1) of the Criminal Code, is any ammunition that is listed as prohibited. These types of ammunition are further listed under Part Five of Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted. Prohibited ammunition may include but is not limited to: armour-penetrating ammunition, incendiary ammunition, explosive ammunition, or any cartridge that contains “flechettes.”
These weapons regulations are also tied to Canada’s international relations. International humanitarian law bans specific types of weapons, such as biological and chemical weapons. These laws are primarily based on the Geneva Conventions and its two Additional Protocols, but also includes the 1972 Biological Weapons Convention, the 1980 Conventional Weapons Convention, and the 1997 Ottawa Convention. All international humanitarian laws are binding, and prohibit explosive projectiles weighing less than 400 grams, bullets that expand or flatten in the human body, weapons that injure by fragments, incendiary weapons, cluster munitions, and many more.