Trafficking & Smuggling
Weapons trafficking, making automatic firearms, and unauthorized import/export are serious offences under Sections 99, 102, and 103 of the Criminal Code. These crimes carry penalties ranging from 1 year to 14 years in prison, depending on the offence and whether the Crown proceeds by indictment or summary conviction.
Weapons Trafficking (s. 99)
Unless authorized to do so under the Firearms Act, it is an offence to manufacture, transfer, or offer to manufacture or transfer 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.
This is an indictable offence. In all cases, the maximum sentence is a term of imprisonment of 14 years. The minimum sentence depends on the circumstances.
In the case of a prohibited firearm, a non-restricted firearm, a prohibited device, or any ammunition, the minimum term of incarceration is 3 years for a first offence and 5 years for a subsequent offence. In all other cases, the minimum term of incarceration is 1 year.
Making Automatic Firearm (s. 102)
It is an offence to alter, manufacture, or assemble a firearm so that it is capable of discharging projectiles in rapid succession during one pressure of the trigger. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summary conviction. If prosecuted by indictment, the maximum penalty is 10 years of incarceration and the minimum penalty is 1 year of incarceration. If prosecuted by summary conviction, the maximum penalty is 1 year of incarceration.
Importing or Exporting Knowing It Is Unauthorized (s. 103)
It is an offence, while knowing that you are not authorized under the Firearms Act, to import or export a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, or any prohibited ammunition, or any part thereof for manufacturing or assembly into an automatic firearm.
This is an indictable offence. The maximum sentence is 14 years of incarceration, with a minimum sentence of 3 years for a first offence and 5 years for a subsequent offence.