ROBBERY AND FIREARMS OFFENCES

Robbery

Robbery is theft accompanied by violence or threats of violence for the purpose of overcoming resistance to the theft or evading capture. Actual physical violence is not required. Criminal Code of Canada Section 343.

Firearms and Weapons

In Canada, Firearms and other Weapons offences are catalogued in Sections 84 –117 (Part 3) of the Criminal Code of Canada.“Weapon” is defined generally in Section 2 of the Criminal Code as a firearm, or anything used or designed to be used to cause injury or death or to threaten or for “binding or tying up a person against their will”.

Definitions related to Firearms and other weapons offences are listed in s. 84 (1). Prohibited devices include a handgun barrel less than 105 mm in length, silencers, and any other devices  designated by regulations to the Criminal Code. Prohibited weapons include “switchblades” and any other weapons designated as prohibited by regulations of the Criminal Code.

Gun Laws

Canada’s gun laws are much stricter than in the United States. Canadians are allowed to own firearms providing they have a Possession and Acquisition Licence (PAL). Restricted or prohibited firearms, which include most handguns, must also be individually registered. Licensing and registration issues are dictated by the federal Firearms Act and implemented by the designated Chief Firearms Officer of each province and territory.

However, as of December 15, 2023, when Bill C-21 became law, there is a ban on the issuance of new registration certificates to individuals for handguns. Thus, the national “freeze” on new handgun sales to most Canadians is now codified in Section 15 of the Firearms Act.

David G. Bayliss and Luka Rados are experts in the defence of Criminal Code charges related to weapons and firearms and in the navigation of regulatory provisions related to firearm possession, storage, and transportation. See Successful Cases.