By Tamara Sinclair
Following the horrific shooting at a Connecticut elementary school in December of 2012, United States gun laws have come under significant critique. This has made some gun advocates anxious, but the major proposals by President Obama are in fact similar to laws already in place in California and Canada.
Regardless, many supporters of the 2nd amendment are in a panic that their gun rights are going to be restricted.
Among Obama’s proposed legislation are several new requirements such as:
- Conducting criminal background checks for anyone attempting to purchase a firearm
- Reinstating a ban on assault weapons
- Limiting ammunition magazines to a maximum of 10 rounds.
While some gun advocates are opposed to these measures, it’s interesting to note that the above three requirements are already a part of California state law. Most states, however, do not have such stringent laws, and even California does not have gun laws as comprehensive as those in Canada. For example, in Canada a permit is required for transporting restricted firearms, but not in Connecticut or many other US states. Additionally, In order to acquire, possess, or register a firearm in Canada, or to obtain ammunition for it, you are required to hold a valid license. The process to obtain this license involves a formal application, as well as written and hands on testing. http://www.rcmp-grc.gc.ca/cfp-pcaf/information/lic-per-eng.htm
Firearm Offences in Canada
Part III of the Criminal Code of Canada is dedicated to firearms and other weapons, and includes several offences relating to the improper use, transportation, or possession of firearms. One of the most common examples is simply “Careless use of a firearm”, which states:
s. 86(1) Every person who commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
Additionally, the definitions of prohibited firearms are far stricter in Canada, and include any automatic firearm, any shotgun or rifle that has been adapted to be less than 660 mm in length, or any other firearm prescribed to be a prohibited firearm.
These are all criminal offences and come with strict penalties and sometimes even jail time. They will also all result in a federal criminal record one could carry for the rest of his or her life. If you have a firearm-related offence in Canada, we encourage you to contact our offices to discuss the possibility of obtaining a Record Suspension (formerly known as a Pardon).