Parliamentary Committee Notes: Large Capacity Magazines
Proposed Response:
- Our Government is committed to taking action to further address large capacity magazines that have been used with assault-style firearms in mass shootings in Nova Scotia, Québec City, Moncton, and Montréal.
- Large capacity magazines - those that can hold more than their legal limit - pose a threat to public safety by allowing sustained and rapid fire.
- Bill C-21 will be a step towards meeting our commitments.
- The Bill seeks to create a new offence in the Criminal Code for the act of altering a cartridge magazine so that it exceeds the lawful capacity. The penalty would be five years imprisonment on indictment, or on summary conviction, it would be two years imprisonment less a day, or a fine of not more than $5,000, or both.
- Many of these large capacity magazines are already prohibited in Canada. It is already an offence under the Criminal Code to possess, sell, or import magazines that exceed the legal limit.
- However, there are a number of magazines designed for certain firearms that have been legally altered prior to importation so that they only hold the legal limit – which is five cartridges for most magazines designed for a semi-automatic, centre-fire long gun, and 10 cartridges for most handgun magazines.
- While the methods by which a cartridge magazine can be legally altered to meet the legal limit are set out in regulations under the Criminal Code, we know that these methods need to be reviewed to ensure public safety is maintained.
- Our Government intends to bring forward regulations that will require the permanent alteration of large capacity magazines so that they can never hold more than five rounds, and prohibit the sale and transfer of magazines capable of holding more than the legal number of bullets.
- This would build on existing measures to address the misuse of firearm components and will complement other actions the Government is taking to control firearms, fight trafficking and smuggling, and keep Canadians safe from gun violence
Background:
Large capacity magazines, also known as oversized or high-capacity magazines, refer to magazines that may have the capacity of exceeding the legal limits or exceed the legal limits. Under the current Criminal Code regime, including the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (the Regulations), any cartridge magazine that exceeds the legal limit is considered a prohibited device, with some exceptions. The legal limit is five cartridges for most magazines designed for semi-automatic centre-fire long guns (i.e., rifles and shotguns) and 10 cartridges for most handgun magazines. These limits do not apply to magazines designed for semi-automatic rim-fire long guns, other long guns that are not semi-automatics and certain historic and antique firearms.
Magazine capacity is limited by law because prohibited large capacity magazines pose a public safety risk as they enable certain firearms to have sustained fire with less frequent reloading, thus increasing the perpetrator’s killing and injury capacity. The risk was assessed to more likely exist in conjunction with semiautomatic firearms, and no other action types (e.g., bolt, lever). Mass shootings that have occurred in Canada illustrate that individuals armed with semi-automatic rifles and large capacity magazines cause many casualties and injuries in a matter of minutes. Examples include the shooting at the École Polytechnique in Montréal in 1989 where the perpetrator used a Ruger Mini-14 and one 30 round large capacity magazines, and in Moncton in 2014 where the perpetrator used a PolytechnologiesM305 and two 20 round large capacity magazines.
Large capacity magazines that have been altered or re-manufactured to not be capable of exceeding the legal limits can be legally possessed in and imported into Canada. The Regulations include a non-comprehensive list of methods, dependent on the construction material of the magazine, to alter or re-manufacture large capacity magazines to render them non-prohibited. These methods include: indenting its casing by forging, casting, swaging or impressing; inserting/attaching a plug, sleeve, rod, pin, or flange to the inner surface of its casing by welding, brazing or other similar methods; or applying permanent adhesives (i.e., cement, epoxy or other glue). However, some of these methods (e.g., inserting/attaching a pin) may no longer permanently prevent these magazines from exceeding the legal limit.
It is a criminal offence for individuals to possess and import magazines that exceed the legal limit. However, it is not a criminal offence for individuals to alter or modify a large capacity magazine to exceed the legal limit (i.e., removing methods of permanent alteration such as a pin or rivet). Large capacity magazines that exceed the legal limit are often smuggled into Canada, usually destined for criminal networks and gun trafficking groups. For example, in November 2021, an RCMP smuggling investigation in Ontario found 53 restricted and prohibited pistols, six prohibited rifles, and 110 prohibited magazines.
Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), includes proposed amendments to the Criminal Code to create an offence of altering a cartridge magazine to exceed its legal limit, with a maximum penalty on indictment of five years imprisonment or punishable on summary conviction, two years imprisonment less a day or a fine of not more than $5,000 or both. Further, the Minister of Public Safety’s 2021 mandate letter includes two commitments with regard to magazines: (1) requiring the permanent alteration of long-gun magazines so that that they can never hold more than five rounds; and (2) banning the sale or transfer of magazines capable of holding more than the legal number of bullets. These commitments form part of the Government’s comprehensive strategy to keep communities safe from gun violence.
Contacts:
Prepared by: [Redacted], Manager, Firearms Policy Division, [Redacted]
Approved by: Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167
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