Criminal Code

Version of section 108 from 2003-01-01 to 2012-04-04:

Marginal note:Tampering with serial number
  •  (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person,

    • (a) alters, defaces or removes a serial number on a firearm; or

    • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a firearm the serial number on which has been altered, defaced or removed, where that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

  • Marginal note:Evidence

    (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

  • R.S., 1985, c. C-46, s. 108;
  • 1991, c. 40, s. 20;
  • 1995, c. 39, s. 139.
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