Criminal Code - Section 84 and Prohibited Magazines (defining legal mags)

NR Magazine

Regular
Location
Ontario
Please find below the pertinent segment of the Criminal Code that deals with magazines.
I know we've all had quite a few problems with inconsistency in administration of the firearms laws as of late, so I hope this post will help clarify things for people and keep us all in the right!

This quote is from Section 84, Schedule, Part 4; it describes what the Criminal Code defines as a PROHIBITED DEVICE. Yes, this is a bit of a backward approach, but it's what we have to work with.

Former Cartridge Magazine Control Regulations

3. (1) Any cartridge magazine

(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in

(i) a semi-automatic handgun that is not commonly available in Canada,

(ii) a semi-automatic firearm other than a semi-automatic handgun,

(iii) an automatic firearm whether or not it has been altered to discharge only one projectile with one pressure of the trigger,

(iv) the firearms of the designs commonly known as the Ingram M10 and M11 pistols, and any variants or modified versions of them, including the Cobray M10 and M11 pistols, the RPB M10, M11 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols,

(v) the firearm of the design commonly known as the Partisan Avenger Auto Pistol, and any variant or modified version of it, or

(vi) the firearm of the design commonly known as the UZI pistol, and any variant or modified version of it, including the Micro-UZI pistol; or

(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.

(2) Paragraph (1)(a) does not include any cartridge magazine that

(a) was originally designed or manufactured for use in a firearm that

(i) is chambered for, or designed to use, rimfire cartridges,

(ii) is a rifle of the type commonly known as the “Lee Enfield” rifle, where the magazine is capable of containing not more than 10 cartridges of the type for which the magazine was originally designed, or

(iii) is commonly known as the U.S. Rifle M1 (Garand) including the Beretta M1 Garand rifle, the Breda M1 Garand rifle and the Springfield Armoury M1 Garand rifle;

(b) is not a reproduction and was originally designed or manufactured for use in a firearm that

(i) is commonly known as the Charlton Rifle,

(ii) is commonly known as the Farquhar-Hill Rifle, or

(iii) is commonly known as the Huot Automatic Rifle;

(c) is of the “drum” type, is not a reproduction and was originally designed or manufactured for use in a firearm commonly known as

(i) the .303 in. Lewis Mark 1 machine-gun, or any variant or modified version of it, including the Lewis Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Lewis SS and .30 in. Savage-Lewis,

(ii) the .303 in. Vickers Mark 1 machine-gun, or any variant or modified version of it, including the Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Mark 4B, Mark 5, Mark 6, Mark 6* and Mark 7, or

(iii) the Bren Light machine-gun, or any variant or modified version of it, including the Mark 1, Mark 2, Mark 2/1, Mark 3 and Mark 4;

(d) is of the “metallic-strip” type, is not a reproduction and was originally designed or manufactured for use in conjunction with the firearm known as the Hotchkiss machine-gun, Model 1895 or Model 1897, or any variant or modified version of it, including the Hotchkiss machine-gun, Model 1900, Model 1909, Model 1914 and Model 1917, and the Hotchkiss machine-gun (Enfield), Number 2, Mark 1 and Mark 1*;

(e) is of the “saddle-drum” type (doppeltrommel or satteltrommel), is not a reproduction and was originally designed or manufactured for use in the automatic firearms known as the MG-13, MG-15, MG-17, MG-34, T6-200 or T6-220, or any variant or modified version of it; or

(f) is of the “belt” type consisting of a fabric or metal belt, is not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945.

(3) Paragraph (1)(b) does not include any cartridge magazine that

(a) is of the “snail-drum” type (schneckentrommel) that was originally designed or manufactured for use in a firearm that is a handgun known as the Parabellum-Pistol, System Borchardt-Luger, Model 1900, or “Luger”, or any variant or modified version of it, including the Model 1902, Model 1904 (Marine), Model 1904/06 (Marine), Model 1904/08 (Marine), Model 1906, Model 1908 and Model 1908 (Artillery) pistols;

(b) was originally designed or manufactured for use in a firearm that is a semi-automatic handgun, where the magazine was manufactured before 1910;

(c) was originally designed or manufactured as an integral part of the firearm known as the Mauser Selbstladepistole C/96 (“broomhandle”), or any variant or modified version of it, including the Model 1895, Model 1896, Model 1902, Model 1905, Model 1912, Model 1915, Model 1930, Model 1931, M711 and M712; or

(d) was originally designed or manufactured for use in the semi-automatic firearm that is a handgun known as the Webley and Scott Self-Loading Pistol, Model 1912 or Model 1915.

(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.

(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine includes

(a) the indentation of its casing by forging, casting, swaging or impressing;

(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as the case may be, or of a similar material, to the inner surface of its casing by welding, brazing or any other similar method; or

(c) in the case of a cartridge magazine with a casing made of a material other than steel or aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or of a material similar to that of the magazine casing, to the inner surface of its casing by welding, brazing or any other similar method or by applying a permanent adhesive substance, such as a cement or an epoxy or other glue.
 
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I'm confused !! Maybe I need a few more paragraphs of clarification or maybe my online legal diploma did not prepare me sufficiently for government work ...
 
I'm confused !! Maybe I need a few more paragraphs of clarification or maybe my online legal diploma did not prepare me sufficiently for government work ...

It only makes sense if you read the "prescription" section first:

"The components and parts of weapons, accessories, and cartridge magazines listed in Part 4 of the schedule are prohibited devices for the purposes of paragraphs (a) and (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code."

http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-462/FullText.html
 
Wouldn't it be easier to just scrap all of that and just say.... "You can have anything you want to own, if you haven't been convicted of a violent crime?"
 
Wouldn't it be easier to just scrap all of that and just say.... "You can have anything you want to own, if you haven't been convicted of a violent crime?"

Sign me up!

Seriously though that's why we need to maintain pressure. Keep writing letters and email to the PMO, Justice Minister and to your local MP. Demand C-68 be repealed!
 
So does this mean you will straighten things out with the US mag manufactures
And they can stop pinning bolt gun mags to 5 rounds?
 
Well this is all fine for semi-autos and handguns, but doesnt make any sense for a bolt action rifle!!!
 
Why don't they just make every mag limited to 10 rounds and that's that. Doesn't make sence that a LAR mag can hold 10 but a p-mag can only hold 5. I know why that's the way it is but frig why not just stop all these loopholes and make every mag hold 10. That's just my opinion
 
None of these regulations prevent criminals from obtaining whatever they want... criminals ignore laws.

They only affect legal firearms owners and accomplish nothing in terms of public safety: they only serve to employ beaurocrats in pointless activity... such as ATTs.
 
Why don't they just make every mag limited to 10 rounds and that's that. Doesn't make sence that a LAR mag can hold 10 but a p-mag can only hold 5. I know why that's the way it is but frig why not just stop all these loopholes and make every mag hold 10. That's just my opinion

Or just make every mag have the capacity it was designed to have.
 
Well this is all fine for semi-autos and handguns, but doesnt make any sense for a bolt action rifle!!!

Really? You're joking, right?

Dont get me wrong here, imposing a magazine capacitiy restriction is just plain stupid...

What I ment is that in the article its only about semi-autos and handguns, it doesnt say anything about bolt action rifles...
 
Why don't they just make every mag limited to 10 rounds and that's that. Doesn't make sence that a LAR mag can hold 10 but a p-mag can only hold 5. I know why that's the way it is but frig why not just stop all these loopholes and make every mag hold 10. That's just my opinion

Why not just get rid of the capacity limit all together. If it's a "range only" firearm than why limit the capacity? At least we wouldn't have to change mags as often
 
It truly is mind-boggling how irrational firearms laws in Canada are.
Every time I read them, I am amazed that such convoluted drivel was passed into law.
 
It truly is mind-boggling how irrational firearms laws in Canada are.
Every time I read them, I am amazed that such convoluted drivel was passed into law.
 
How about we just let mags hold. And worry about actually tagging, bagging and incarcerating bad guys.
Firearms licence=background check=liberty and priviledge.
Sounds too damn simple.....
I like prevention, but I appreciate good sense and reason equally.

Want to have guns and ammo, don't drink and drive. Want to have guns an ammo, don't steal cars. Want to have guns and ammo, don't use weapons to intimidate. Want to have guns and ammo, don't beat your spouse.

Wow, its like, easy.
 
Why don't they just make every mag limited to 10 rounds and that's that. Doesn't make sence that a LAR mag can hold 10 but a p-mag can only hold 5. I know why that's the way it is but frig why not just stop all these loopholes and make every mag hold 10. That's just my opinion

Loopholes are not really loopholes. They are ways that the more inventive people are at obeying their laws. Let the lazy person never shoot more than 5 rounds out of their AR15s, and the ones that are more up to date on the rules and more creative shoot 15 rounds out of their AR15s. Everything at 10 would restrict thousands of law abiding Canadians even further. Is that what we should do? Criminal doesn't care how many rounds in a mag except as many as possible. Why does it matter if we have 30 rounders or not? We aren't running around terrorizing this country with them and we all know that we all have the access to obtain 30 round or greater mags. We are a polite society that chooses not to terrorize the country but we are being treated as if we are all crazy people.
 
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