Criminal Code of Canada - section 117.14(2) - Purposed of Amnesty Period

section 117.14(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for an amnesty period for individuals to dispose of prohibited firearms, weapons, devices, or ammunition or alter them to no longer be considered prohibited.

SECTION WORDING

117.14(2) An order made under subsection (1) may declare an amnesty period for the purpose of (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.

EXPLANATION

Section 117.14(2) of the Criminal Code of Canada is a provision that allows authorities to declare an amnesty period in which individuals in possession of prohibited firearms, weapons, devices or ammunition can take certain actions without facing prosecution. This section empowers the authorities to issue an order declaring an amnesty period, during which the individuals in possession of prohibited items can do anything that is allowed in the order. The actions that individuals can take during amnesty periods include delivering the prohibited items to a peace officer, firearms officer or chief firearms officer, registration, destruction or disposal. Additionally, individuals can make alterations to prohibited firearms, weapons, devices or ammunition to ensure that they are no longer classified as prohibited items. This provision is an essential tool for law enforcement authorities to remove prohibited items from circulation in society. The amnesty period allows individuals who may have come into possession of prohibited items unknowingly or through inheritance to dispose of them safely without facing criminal charges. Additionally, it provides an opportunity for individuals to correct or update the classification of their firearms, weapons, devices or ammunition, thereby preventing prosecution. In conclusion, Section 117.14(2) of the Criminal Code of Canada is a crucial provision that enables law enforcement authorities to remove prohibited items from circulation in society. The amnesty period provides individuals with an opportunity to dispose of prohibited items without fear of prosecution while updating the classification of items, thereby promoting public safety.

COMMENTARY

Section 117.14(2) of the Criminal Code of Canada is a provision that permits the declaration of an amnesty period for the possession of certain items deemed prohibited. The provision essentially gives individuals in possession of the prohibited items an opportunity to dispose of them without fear of criminal repercussions. The provision outlines the purpose of the amnesty period and the things that individuals may do with the prohibited items. One of the objectives of the amnesty period is to permit any person in possession of any item to dispose of it in accordance with the provisions of the order. This means that individuals can deliver the item to a peace officer, firearms officer, or a chief firearms officer. Alternatively, they may register the item, destroy it, or dispose of it in any other manner outlined in the order. The provision does not restrict the ways in which people can dispose of the prohibited items. The second objective of the provision is to permit alterations to be made to any prohibited firearm, prohibited weapon, prohibited device, or prohibited ammunition, so that it no longer qualifies as a prohibited item. This means that if an individual is in possession of a prohibited firearm or weapon, they may modify it to remove its prohibited status. They can, for instance, remove any prohibited features of the firearm, such as telescopic sights, magazines, or barrels, among others. After the modifications, the firearm may no longer be considered a prohibited item under the law. The provision is part of Canada's effort to regulate the possession and use of firearms. The government has enacted several laws and regulations that control the types of firearms and weapons that individuals may possess. For instance, the Firearms Act is a federal statute that governs the possession, sale, and use of firearms and ammunition in Canada. The Act also provides for the licensing of firearm owners and the registration of firearms. In some cases, the government may ban certain types of firearms or weapons if they pose a risk to public safety. For instance, in 1995, the government banned the use of certain guns, such as AR-15 rifles, AK-47s, and certain handguns, among others. Anyone found in possession of a prohibited firearm or weapon is liable to criminal charges and penalties under the Criminal Code of Canada. The provision for an amnesty period provides individuals with an opportunity to dispose of prohibited items lawfully. This helps to reduce the number of illegal firearms and weapons in circulation, which promotes public safety. It also allows individuals who may have inadvertently acquired a prohibited item to dispose of it without fear of prosecution. In conclusion, section 117.14(2) of the Criminal Code of Canada provides for an amnesty period for the possession of prohibited items. The provision allows individuals in possession of prohibited firearms, weapons, devices, or ammunition to dispose of them lawfully without fear of criminal charges. The provision is part of Canada's efforts to regulate the possession and use of firearms and maintain public safety.

STRATEGY

Section 117.14(2) of the Criminal Code of Canada allows for the declaration of an amnesty period for the purpose of permitting the disposal or alteration of firearms that have been deemed prohibited under Canadian law. While the exact conditions for such an amnesty period may vary, it is important for law enforcement authorities and stakeholders to carefully consider a range of strategic factors when dealing with this section of the Criminal Code. First and foremost, implementing an amnesty period can be an effective tool for ensuring compliance with firearms regulations and reducing the number of illegal firearms in circulation. This is especially important in the context of escalating gun violence and the threat of terrorism, as uncontrolled access to firearms poses a significant risk to public safety. By encouraging individuals to voluntarily surrender or dispose of their prohibited firearms, an amnesty period can help reduce the overall number of firearms in circulation and limit the potential for misuse or accidental harm. In addition to promoting public safety, an amnesty period can also be a useful tool for law enforcement authorities in gathering intelligence on the sources and distribution of illegal firearms. By collecting data on the types and numbers of firearms surrendered during the amnesty period, police can gain insights into the supply chain of illegal firearms, identify potential sources and traffickers, and ultimately disrupt the flow of guns into criminal hands. However, to maximize the effectiveness of an amnesty period, law enforcement authorities and other stakeholders must carefully consider a range of strategic factors. These might include: - Designing a clear and targeted messaging campaign that emphasizes the benefits and implications of the amnesty period for both individuals and the broader community. - Establishing a robust and secure process for collection, transport, and disposal of firearms, minimizing the risk of theft or misuse during the period. - Coordinating with other law enforcement agencies, community groups, and other stakeholders to ensure that the amnesty period is well-publicized, and that individuals have access to support services and resources if needed. - Ensuring that the conditions and parameters of the amnesty period are clearly defined and communicated, and that individuals understand their rights and responsibilities under the law. - Evaluating the success of the amnesty period in terms of outcomes such as the number of firearms surrendered, the degree of public awareness, and the impact on overall public safety. In addition to these measures, other strategies that could be employed to maximize the effectiveness of an amnesty period might include offering incentives or rewards for individuals who voluntarily surrender their firearms, partnering with religious or community leaders to help promote awareness and compliance, or conducting targeted outreach to groups or individuals who might be most likely to have access to prohibited firearms. Overall, while section 117.14(2) of the Criminal Code of Canada offers an important tool for promoting public safety and reducing the number of illegal firearms in circulation, it is important for law enforcement authorities and other stakeholders to carefully consider a range of strategic factors when implementing an amnesty period. By designing a clear and targeted messaging campaign, establishing a secure process for collection and disposal of firearms, coordinating with other stakeholders, and evaluating the outcomes of the amnesty period, law enforcement can help minimize risks and maximize benefits for individuals and communities alike.