exam 2 review Flashcards
When is an object become a weapon if it not ordinarily considered a weapon?
88.1 possession of a weapon for dangerous purpose. When you are using the object
A guy walks into a bar with a baseball bat, approaches the manager and says this is for last night as he raises the bat in the air. Before he can do anything else a couple of nearby customers grab him and arrest him. What is the most appropriate charge?
88.1 possession of a weapon for dangerous purpose.
A guy is hunting up north and while walking through the woods slips and falls into a ravine losing his rifle. He does not report the loss. Is there any offence? While looking for the rifle he finds a butterfly knife. What possible offences is he committing?
Yes section 105 (1) in criminal code failure to report lost or stolen F/A
Name the four types of authorizations?
Import
Export
Transport
carry
You are at home late at night and hear some kids breaking into your car. You grab and load your shotgun and fire off a round into the air to scare them off. Any offence?
86.1 Careless use of a firearm
If you were given a very old handgun from your grandfathers estate. It is so old the serial number has worn away. Could you be charged in relation to the worn serial number?
Not if you report it and get a new serial number reissued for it , they would not be charged
Define a purpose dangerous to the public peace.
Danger to a person
Danger or a possibility of the destruction of property
Is a “disposition hearing” a trial?
Disposition hearing is NOT a trial- it is to determine if the owner should get is weapons for f/a back for is they should be forfeited
Are there exceptions to requiring a warrant to search for firearms in a dwelling, if so what are they?
Search and seizure without warrant s.117.04(2) (public safety)
- Exigent circumstances
What age must you be to own a restricted firearm in Canada?
18 years or older
You are investigating a fight in a bar where one of the patrons (losing the fight) pulled out an ordinary folding knife then waves it at 2 other guys. What is the most appropriate charge?
88(1) possession of a weapon for a dangerous purpose
Where can you search if granted a public safety warrant?
Place may include dwelling -house, any other building or a vehicle
Who can apply for a order prohibiting a person from owning a firearm if they have reasonable grounds to believe it is not in the interests of public safety for the person to possess firearms?
Peace officer, firearms officer or chief firearms officer may apply for proh. Order
- Not just anyone can get a Proh. Order
When could a person not a police officer or member of the military be granted authorization to carry a restricted firearm?
To protect to life of that individual or of other individuals or
- For use in connection with his or her lawful profession or occupation
What categories of firearms or ammunition or devices does an importation authorization allow you to import?
Not required or non-prohibited F/A
Restricted or non -restricted f/a - 18 years old, PAL valid for that class of F/A
What are you not allowed to import?
Cannot import prohibited- firearm, ammo, devices or barrels under 105 mm parts for automatic f/a
What are the rules around exporting firearms or weapons?
o
- Must be legal in Canada and other country
- If shipped- company must be licenced under the firearms act
- Canadian export permit/ import document from other country
- Hold registration certificate
- Must produce authorization at customs
If I charge someone with possession of a weapon obtained by the omission of an offence, what must I prove?
96.1 - creates an offence for anyone to possess a firearm, prohibited device/ ammo, knowing it was obtained by a crime inside or outside of Canada
What must my reasonable grounds for belief include in order to obtain a public safety warrant (sec 117.04 (1))?
- Reasonable grounds for belief must include
- The person conduct
- A description of relevant items
- The place the items are located
- Unsafe
Classify an automatic f/a
6.
Prohibited f/a
Replica firearm
Prohibited device
A taster
Prohibited firearm
When can you lawfully search a vehicle
Consent, search incident to arrest, with warrant
When can you lawfully search the occupants
If you can search the vehicle you can search the occupants
