Robbie4296 said:
Just for a moment lets say someone has a Prohibition of firearms order but the Order is worded as such:
This is Section 109 Criminal Code I have shortened it a bit and condensed
"Prohibited from possesing firearms, crossbows, ammunition, explosives etc except within the employment of Canadian Armed Forces and under the Canadian Armed Forces directions and guidelines".
First off,
I just read off the Justice Canada Website, and I do not read anywhere in Section 109 that there is an exception to the order when the person is a member of the Canadian Forces.
This is what Section 109 says:
Prohibition Orders
Mandatory prohibition order
109. (1) Where a person is convicted, or discharged under section 730, of
(a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,
(b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),
(c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.
Duration of prohibition order — first offence
(2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing
(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that
(i) begins on the day on which the order is made, and
(ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and
(b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.
Duration of prohibition order — subsequent offences
(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.
Definition of “release from imprisonment”
(4) In subparagraph (2)(a)(ii), “release from imprisonment” means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.
Application of ss. 113 to 117
(5) Sections 113 to 117 apply in respect of every order made under subsection (1).
R.S., 1985, c. C-46, s. 109; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1991, c. 40, s. 21; 1995, c. 39, ss. 139, 190; 1996, c. 19, s. 65.1; 2003, c. 8, s. 4.
Second,
What I believe you read and misinterpreted could be many things, such as Section 113 Subsection 1(b):
113. (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that
(a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or
(b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,
Or it could be Section 117.08
117.08 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual
(a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance,
(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition,
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,
(d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,
(e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger,
(f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or
(g) alters a serial number on a firearm,
if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province.
1995, c. 39, s
Point is, your condensed version of the law was way off, and gave a construed view of the application of Section 109.
[/quote]
Now 1st question has anyone seen this? and what were the results?
2nd what are the chances of the guy getting in?
The way I see it is the guy cant have any firearms except if he/she is in the CF and it should not be a problem.
All feedback welcomed, but prefer facts instead of guesses[/quote]
The way you see it is wrong,
According to the law, you will not be entered into the Canadian Forces if you have an order against you that prohibits you from possessing a firearm for a number of reasons.
1. The prohibition of possession of a firearm against an individual would beg the question why that person has that prohibition, and would bring that individuals character into question.
2. The individual has a legal order against him/her preventing them from carrying out their duties as a member of the Canadian Forces.
Thats the way I read it.
And for those who are gonna read Section 117 and say that it says when acting on behalf of the Canadian Forces. That only applies if you are there in the first place, and is there to protect an individual who is a member of the CF carrying out his/her duties, and as such can not be charged for a firearms offence.
Edit: to add the Link to the Justice Canada website: http://laws.justice.gc.ca/eng/C-46/20100708/page-3.html?rp2=SEARCH&rp3=SI&rp1=Canadian%20Forces&rp4=all&rp9=cs&rp10=L&rp13=50
