Criminal Code — C-46 84
n and Alberta, the Court of Queen’s Bench, (d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and (e) in Newfoundland and Labrador, the Trial Division of the Supreme Court; ( cour supérieure ) transfer means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. ( cession ) Barrel length (2) For the purposes of this Part, the length of a barrel of a firearm is (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and (b) in any other case, the distance from the muzzle of the barrel to and including the chamber, but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil. Certain weapons deemed not to be firearms (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act , the following weapons are deemed not to be firearms: (a) any antique firearm; (b) any device that is (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; (c) any shooting device that is (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules. Exception — antique firearms (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act. Meaning of holder (4) For the purposes of this Part, a person is the holder of (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and (b) a registration certificate for a firearm if (i) the registration certificate has been issued to the person and the person continues to hold it, or (ii) the person possesses the registration certificate with the permission of its lawful holder. Subsequent offences (5) In determining, for the purpose of subsection 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1); (b) an offence under section 244 or 244.2; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. Sequence of convictions only (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S., 1985, c. C-46,