Parliamentary Committee Notes: Ghost Guns and Illegal Manufacturing in Canada

Proposed Response:

Ghost Guns and Illegal Manufacturing in Canada

Background:

In Canada, all firearms, regardless of how they are manufactured, are classified as non-restricted, restricted, or prohibited pursuant to the criteria outlined in subsection 84(1) of the Criminal Code.

It is a criminal offence under section 99 of the Criminal Code (weapons trafficking) for any person to manufacture “a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament”.

It is also illegal to possess a firearm without the appropriate licence and applicable registration certificate, if required. Firearms licencing is an important mechanism for ensuring rigorous screening of potential gun owners. The Firearms Act stipulates that individuals in possession of firearms must have a Possession and Acquisition Licence.

The Firearms Act requires that businesses must be licenced to manufacture ammunition, firearms, restricted or prohibited weapons, or prohibited devices. A business licence is valid only for the activities specified on the licence.

Regardless of manufacturing method, a business licence is required to manufacture a firearm, and all firearms with a muzzle velocity above 152.4 m per second and with a muzzle energy above 5.7 Joules are subject to the Firearms Act, associated offences in the Criminal Code and their Regulations.

“Ghost Gun” is a general term used to describe a firearm that is anonymous as to its origins and therefore untraceable. More specifically, it is a firearm that is manufactured or assembled from components without a serial number or other markings which would uniquely identify it, thereby preventing it from being traced in a conventional manner. The use of some manufacturing techniques can also make it difficult to detect the firearm by conventional x-ray or metal detector systems.

Contacts:

Prepared by: Manager, Firearms Policy Division
Approved by: Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167

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