Bill 61, Firearms Secure Locking Devices Act, 2001

Versions

Bill 61 2001

An Act to require
secure locking devices
for firearms

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"firearm" means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such barrelled weapon and anything that can be adapted for use as a firearm; ("arme à feu")

"secure locking device" means a device that,

(a) can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination, and

(b) prevents the firearm from being discharged. ("dispositif de verrouillage sécuritaire")

Prohibition

2. (1) No person shall sell a firearm that does not have a secure locking device incorporated into its design unless the purchaser is provided with or purchases a secure locking device for that firearm at the time of the sale.

Same

(2) No person shall sell a firearm manufactured after the day this Act comes into force if the firearm does not have a secure locking device incorporated into its design.

Exception

(3) Subsections (1) and (2) do not apply to the sale of a firearm that is purchased as equipment for use by a police force or by its members in providing police services under the Police Services Act.

Offence

3. (1) Every person who contravenes subsection 2 (1) or (2) is guilty of an offence.

Derivative

(2) A director or officer of a corporation who caused, authorized, permitted or participated in an offence under this Act by the corporation is guilty of an offence.

Penalties: individuals

(3) Every individual convicted of an offence under subsection (1) or (2) is liable,

(a) on a first conviction to a fine of not more than $5,000; and

(b) on each subsequent conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months or both.

Penalties: corporations

(4) Every corporation convicted of an offence under subsection (1) is liable,

(a) on a first conviction to a fine of not more than $25,000;

(b) on each subsequent conviction to a fine of not more than $50,000.

Commencement

4. This Act comes into force six months after the day it receives Royal Assent.

Short title

5. The short title of this Act is the Firearms Secure Locking Devices Act, 2001.

EXPLANATORY NOTE

The Bill prohibits the sale of any firearm that does not have a secure locking device incorporated into its design unless the purchaser is provided with or purchases a secure locking device for that firearm at the time of the sale. The Bill also would prohibit the sale of any firearm manufactured after the Bill comes into force if the firearm does not have a secure locking device incorporated into its design. The Bill would not apply to firearms purchased for police use. The Bill would come into force six months after it receives Royal Assent.