Destroying a Firearm
The offence of destroying a firearm is outlined in section 106(1) of the Criminal Code.
A person commits the offence of destroying a firearm when they destroy a prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition but do not report the destruction to a peace or firearms officer within a reasonable time.
A person also commits the offence of destroying a firearm if they find out that their firearm has been destroyed by someone else, but they do not report the destruction to a peace or firearms officer within a reasonable time.
For the purposes of the Criminal Code, the definition of firearm includes items other than a pistol, handgun, or rifle.
Example
Person A throws their .22 calibre handgun into an incinerator without telling anyone.
Person B tells person C that they have destroyed their firearm, and neither person B nor person C tells a peace or firearms officer about it.
Cases
R. v. Al-Enzi, 2011 ONSC 1029
In R. v. Al-Enzi, the accused was charged with one count of destroying a firearm for dismantling, without telling anyone, a 9mm handgun that his brother had used to commit a murder.
Offence Specific Defence(s)
Definition of Firearm
If the person has an object that does not fall under the Criminal Code’s definition of a “firearm,” they have not committed the offence of destroying a firearm.
Reported the Destruction
Where a person reports the destruction of the firearm, they will not have completed the offence of destroying a firearm.
No Destruction
Where a person alters a firearm but does not destroy it, then they have not committed the offence of destroying a firearm.
More Legal Information
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In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
An order made by a sentencing court directing the offender to do something in addition to completing their regular sentence.
