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Law of Firearms and Weapons

NCJ Number
118883
Author(s)
B Q H Der; I F Kirkpatrick
Date Published
1989
Length
193 pages
Annotation
Canada's Charter of Rights, unlike the United States Constitution, does not include the right to bear arms.
Abstract
The Canadian Parliament's treatment of the ownership and possession of firearms as a privilege has led to the enjoyment of a society basically free of unregulated ownership of firearms. This has helped contribute to a successful battle against violent crime in Canada. The courts have recognized these concerns when interpreting relevant laws. A study concerned with the effectiveness of gun control legislation which became effective on January 1, 1978 showed that the legislation was effective in reducing criminal activity which involved the use of firearms. Parliament's goal with this legislation was to toughen laws which regulate the use of firearms and punish the misuse of these laws. When firearms are used in the commission of a crime, there are minimum consecutive sentences imposed which are in addition to the sentence imposed for the crime. To protect the public from violent offenders once they are released from prison, further provisions have been added which can allow prohibitions from possession of firearms, ammunition, or explosives for as long as a lifetime. To possess firearms legally, a person must have a certificate or permit that is usually issued by the local police or the Royal Canadian Mounted Police. This book describes the current state of the law which has evolved from the various courts. It also recognizes the issues which have arisen since the legislation was passed. 415 notes.