WHEN IS A BARRELLED OBJECT A FIREARM AND WHEN IS IT A WEAPON?

 The SCC has recently affirmed that the CAO got it right. A firearm “means any barrelled weapon from which any shot, bullet or other missle can be discharged and that is capable of causing serious bodily injury or death”. A weapon “means any thing used, designed to be used or intended to use a) in causing death or injury to any person or b) for the purpose of threatening or intimidating any person and includes a firearm”. Barrelled objects fall into 3 groups: 1) Those that shoot a projectile with a velocity of less than 214 ft./s. are not firearms because they are not capable of serious injury or death; these objects will only be considered weapons if they meet paras a) or b). 2) Those that shoot a projectile with a velocity of more than 214 ft./s. are firearms because they are capable of causing serious injury or death. 3) Those that shoot a projectile with a velocity of more than 500 f./s. These objects fall within the definition of firearm for all purposes of the Criminal Code and the Firearms Act and must be licensed accordingly. See the judgment for full details to this summary

CanLII – 2013 ONCA 539 (CanLII).

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