Bill C-399

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First Reading

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-399
	An Act to repeal the Firearms Act and to make certain amendments to the Criminal Code
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1995, c. 39; 1996, c. 19	FIREARMS ACT
	*1. Sections 1 to 138 of the Firearms Act* are repealed.**
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34	CRIMINAL CODE
	*2. Part III of the Criminal Code* as it read immediately prior to its replacement by section 139 of the Firearms Act is hereby re-enacted.**
	*3. That portion of subsection 85(1) of the Criminal Code* before paragraph (a), as re-enacted by section 2 of this Act, is replaced by the following:**
	(1) Every one who uses or has or claims to have in his possession a firearm
	*4. Paragraphs 85(1)(c) and (d) of the Criminal Code, as re-enacted by section 2 of this Act, are replaced by the following:*
	(c) in a case where the firearm is not discharged , for not more than fourteen years and not less than five years , and
	(d) in a case where the firearm is dis charged, for not more than fourteen years and not less than ten years.
	*5. Subsection 100(1) of the Criminal Code, as re-enacted by section 2 of this Act, is amended by adding the following before subsection (1):*
Lifetime firearms ban	(0.1) Where an offender is convicted of an offence under subsection 85(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offend er from possessing any firearm or ammunition or explosive substance for life.
Ban not reviewable	(0.2) An order under subsection (0.1) may not be reviewed or altered by any process under this Act or the Corrections and Condi tional Release Act, other than an appeal resulting in an acquittal for the offence, notwithstanding that such a process has re sulted in a reduction of the period of imprison ment or an early release from custody.