exam 2 review Flashcards

1
Q

When is an object become a weapon if it not ordinarily considered a weapon?

A

88.1 possession of a weapon for dangerous purpose. When you are using the object

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2
Q

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?

A

88.1 possession of a weapon for dangerous purpose.

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3
Q

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?

A

Yes section 105 (1) in criminal code failure to report lost or stolen F/A

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4
Q

Name the four types of authorizations?

A

Import
Export
Transport
carry

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5
Q

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?

A

86.1 Careless use of a firearm

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6
Q

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?

A

Not if you report it and get a new serial number reissued for it , they would not be charged

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7
Q

Define a purpose dangerous to the public peace.

A

Danger to a person

Danger or a possibility of the destruction of property

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8
Q

Is a “disposition hearing” a trial?

A

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

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9
Q

Are there exceptions to requiring a warrant to search for firearms in a dwelling, if so what are they?

A

Search and seizure without warrant s.117.04(2) (public safety)
- Exigent circumstances

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10
Q

What age must you be to own a restricted firearm in Canada?

A

18 years or older

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11
Q

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?

A

88(1) possession of a weapon for a dangerous purpose

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12
Q

Where can you search if granted a public safety warrant?

A

Place may include dwelling -house, any other building or a vehicle

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13
Q

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?

A

Peace officer, firearms officer or chief firearms officer may apply for proh. Order
- Not just anyone can get a Proh. Order

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14
Q

When could a person not a police officer or member of the military be granted authorization to carry a restricted firearm?

A

To protect to life of that individual or of other individuals or
- For use in connection with his or her lawful profession or occupation

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15
Q

What categories of firearms or ammunition or devices does an importation authorization allow you to import?

A

Not required or non-prohibited F/A

Restricted or non -restricted f/a - 18 years old, PAL valid for that class of F/A

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16
Q

What are you not allowed to import?

A

Cannot import prohibited- firearm, ammo, devices or barrels under 105 mm parts for automatic f/a

17
Q

What are the rules around exporting firearms or weapons?

o

A
  • 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
18
Q

If I charge someone with possession of a weapon obtained by the omission of an offence, what must I prove?

A

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

19
Q

What must my reasonable grounds for belief include in order to obtain a public safety warrant (sec 117.04 (1))?

A
  • Reasonable grounds for belief must include
  • The person conduct
  • A description of relevant items
  • The place the items are located
  • Unsafe
20
Q

Classify an automatic f/a

6.

A

Prohibited f/a

21
Q

Replica firearm

A

Prohibited device

22
Q

A taster

A

Prohibited firearm

23
Q

When can you lawfully search a vehicle

A

Consent, search incident to arrest, with warrant

24
Q

When can you lawfully search the occupants

A

If you can search the vehicle you can search the occupants

25
Q

The serial number on your old hand gun is worn down. You would most likely be charges with?

A

As long a you report it you will be okay get a new number to reissue it, no you will not be charged

26
Q
  1. Constructive possession means
A

Not on person bust still has control of it

27
Q

Prohibited ammunition is defined in s. 84 CC a more exhaustive list is found in:

A

Before section 84 in criminal code

28
Q

POL/PAL must be renewed every:

A

5 years

29
Q

A person under the age of ____ cannot own a restricted firearm

A

18 years

30
Q

A knife that open with a spring action would be classified as a

A

Prohibited weapon

31
Q

Classification of a replica firearm

A

It’s a device not a firearm

Storage rules apply to a fire arm

32
Q

Modified hand gun to use two hands is it still restricted hand gun

A

Yes

33
Q

Consecutive sentence-

A

two or more sentence, served one after the other

34
Q

Concurrent sentence-

A

two or more sentences, served together as one