Types of Firearm Prohibitions:
Section 110: Permits courts to impose a weapons prohibition upon conviction for certain violence-related offences (Discretionary Order)
Section 109(2) or 109(3): The courts Shall impose a weapons prohibition upon conviction for certain violence-related offences (Mandatory Order)
BB Guns/Pellet Gun: for the purpose of a firearm prohibition, a BB gun is considered a replica firearm which makes it a prohibited device. Prohibition Order made under Section 110 and Section 109(2) include a prohibited device. The charge for a breach would be:
"Possession Contrary to Order - CC117.01(1)"
Section 109(3) does not include a prohibited device therefore there is no charge for possessing a BB gun.
YOUTH Firearm Prohibitions:
Section 51(3): Permits courts to impose a weapons prohibition upon conviction for certain violence-related offences (Discretionary Order)
Section 51(1): The courts Shall impose a weapons prohibition upon conviction for certain violence-related offences (Mandatory Order)
Both Section 51(3) and section 51(1) include prohibited device there a BB gun is considered a replica firearm which makes it a prohibited device.
The charge for a breach would be:
"Possession Contrary to Order - CC117.01(1)"
*Hamilton Firearm Prohibitions can be found in LASERFICHE. Search the accused by last name. Only BDL the first two pages which is the actual order*
Prohibited Device:
(a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,
(b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,
(c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,
(d) a cartridge magazine that is prescribed to be a prohibited device, or
(e) a replica firearm;
section 84(1) CC - Definition of Replica Firearm
A replica firearm is defined as any device that is designed or intended to resemble a firearm exactly or with near precision without actually being a firearm