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.
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.
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.
Where a person alters a firearm but does not destroy it, then they have not committed the offence of destroying a firearm.