Difference between revisions of "Firearms and the Firearms Act"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Ling Wong, Fasken Martineau DuMoulin LLP |date= July 2018}} {{Dial-A-Law TOC|expanded = crime}}
Canada’s gun laws require gun owners to be licensed and certain guns to be registered. Learn how these laws work, and how to get a licence or register a firearm.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
Canada’s main gun control law is the ''Firearms Act'' (the “Act”). It applies to everyone who possesses, uses, or acquires guns (called firearms in this script). So it applies to anyone who borrows, buys, or inherits any firearms. The Act is run by the RCMP Firearms Program and is available at http://laws-lois.justice.gc.ca/eng/acts/f-11.6/.


The Act relies on '''licensing''' and '''registration''' (similar to driving laws that require drivers to be licensed and cars to be registered). People must have a valid firearms licence to possess or acquire firearms, or to get ammunition. If they want to renew their licence, they must do so before it expires—for as long as they possess firearms. People must also register all restricted and prohibited firearms. In April 2012, the ''Ending the Long-gun Registry Act'' became law. Under it, non-restricted firearms no longer have to be registered.
===You need a licence to have a firearm===
[https://www.canlii.org/en/ca/laws/stat/sc-1995-c-39/latest/sc-1995-c-39.html Canada’s main gun control law is the ''Firearms Act'']. It applies to everyone who possesses, uses or acquires guns. [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm It is administered by the Canadian Firearms Program], which is run by the RCMP.


==Licensing of people with firearms==
To have a firearm, you must have a '''licence'''. Your licence says what class of firearm you can have: non-restricted, restricted or prohibited.


==What licence do you need?==
To have a restricted or prohibited firearm, you must '''register''' the firearm.


*'''Possession and Acquisition Licence''', or PAL, for short – if you are 18 or older and do not have a firearms licence, this is the only licence you can get. To get a PAL, first you have to pass the Canadian Firearms Safety Course or the Canadian Restricted Firearms Safety Course. Then you have to apply to the RCMP Canadian Firearms Program and pay an application fee. The RCMP may contact the references listed in your application, spouses, ex-spouses, or other people you have lived with and ask them if they have any safety concerns about you owning a firearm.
In other words, gun laws require '''owners to be licensed''' and (certain) '''guns to be registered''', similar to how driving laws require drivers to be licensed and cars to be registered.


*'''Possession Only Licence''' or POL, for short – if you have this licence, you may renew it, but only if you do so before it expires and only if you have at least one restricted or prohibited firearm registered in your name or you possess at least one non-restricted firearm. Until May 16, 2015, some people with expired POLs can apply for a new one if they meet certain requirements—the Program website, at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp], has more on this. A Possession-Only Licence lets you use firearms already registered to you. It also lets you borrow firearms of the same class as the ones you own—the next section describes the 3 classes of firearms. But if you want to acquire another firearm, or if you no longer own firearms but want to borrow one, you must upgrade your Possession-Only Licence to a Possession-and-Acquisition Licence.
===How you get a firearms licence===
If you are 18 or older, you can apply for a '''possession and acquisition licence (PAL)'''. The licence enables you to possess or acquire firearms of the class listed on your licence, and to get ammunition.


*'''Minor’s Licence'''—people at least 12 years old but under 18 with a Minor’s licence can borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. But people under 18 cannot own or acquire firearms.
[https://www.rcmp-grc.gc.ca/en/firearms/safety-courses#a1 You must first take the Canadian Firearms Safety Course] and pass a test. (To have a restricted firearm, [https://www.rcmp-grc.gc.ca/en/firearms/safety-courses#a2 you must also take the Canadian Restricted Firearms Safety Course].)


All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition are required to have a valid firearms business licence. For more information, contact the Canadian Firearm Program.  
[https://www.rcmp-grc.gc.ca/wam/media/3615/original/dd2a057ccbde46fec1d35c18a8f41255.pdf Then you must apply for the PAL licence] and pay a fee. The licence fee is based on the class of firearms you intend to acquire: for non-restricted firearms, the fee is $61.32; for restricted or prohibited firearms, the fee is $81.76


==What classes of firearms are there?==
There is a minimum 28-day waiting period. The RCMP conduct various background checks. They may contact your partner, former partners, and references listed in your application, to see if they have any safety concerns about you owning a firearm.
The ''Criminal Code'' lists three classes of firearms: non-restricted, restricted, and prohibited. A licence says what class of firearm you can possess and acquire.


*'''Non-restricted firearms''' include ordinary shotguns and rifles, such as those commonly used for hunting. But some military type rifles and shotguns are prohibited – see “Prohibited firearms” below.
The licence is renewable every five years.


*'''Restricted firearms''' include certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted. You can only have restricted firearms for a purpose that the ''Firearms Act'' allows, such as gun collecting or target shooting. You must also pass the Canadian Restricted Firearms Safety Course.
====Minor’s licence====
A young person between age 12 and 17 can apply for a '''minor’s licence'''. This licence allows them to borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. But someone under 18 cannot own or acquire firearms.


*'''Prohibited firearms''' include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited.
====Firearms business licence====
All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition must have a valid '''firearms business licence'''.


==How much does a licence cost and how long does it last?==
===You must register any restricted or prohibited firearm===
A PAL costs $60 if it is only for non-restricted firearms or $80 for any combination of non-restricted, restricted and prohibited firearms. The fee payable by an individual for the issuance or renewal of a POL is $60. Firearms licences are generally valid for 5 years, and must be renewed before they expire.
The ''Criminal Code'' lists three [https://www.rcmp-grc.gc.ca/en/firearms/classes-firearms classes of firearms]: non-restricted, restricted, and prohibited. You must '''register''' any restricted or prohibited firearm.


A Minor’s Licence costs $10 for up to one year; $20 for up to two years, and $30 for more than two years. You have to pay for a PAL if you upgrade from a Minor’s Licence when you turn 18.
* '''Non-restricted firearms''' include ordinary shotguns and rifles, such as those commonly used for hunting. (But some military-type rifles and shotguns are prohibited.)
* '''Restricted firearms''' include certain handguns and some semi-automatic long guns. Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted.
* '''Prohibited firearms''' include most 32 and 25 calibre handguns, and handguns with a barrel length of 105 millimeters or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK-47 are also prohibited.


==Registration of firearms==
====To possess restricted firearms====
You can only have restricted firearms for a purpose the ''Firearms Act'' allows, such as gun collecting or target shooting. You must also pass a restricted firearms safety course.


==How do you register firearms?==
====“Grandfather” status for certain prohibited firearms====
To register a restricted or prohibited firearm, you must be at least 18 and have a licence authorizing you to possess that class of firearm. You may also need to get your firearm verified by an approved verifier before you register it. Call the Program at 1.800.731.4000 for information on having a firearm verified. There is no fee to register a firearm.
You are allowed to possess certain prohibited firearms if you had a firearm in the same category registered in your name when it became prohibited, and you have continuously held a valid registration certificate for that type of prohibited firearm from December 1, 1998, onward. The ''Firearms Act'' refers to this as being "grandfathered."


You can register restricted and prohibited firearms in 2 ways:
===How you register a firearm===
To register a restricted or prohibited firearm, you must be at least 18 years old and have a licence authorizing you to have that class of firearm.


#Online, at the Canadian Firearms Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp].
You can register a restricted or prohibited firearm in one of two ways:
#With a paper application form – call 1.800.731.4000 to get a form or get it from the Program website.


==Registering prohibited firearms==
# [https://www.rcmp-grc.gc.ca/en/firearms/registration Online on the Canadian Firearms Program website].
A Possession and Acquisition Licence (PAL) allows a person to acquire prohibited firearms only in the same categories as the ones they already have registered, and only if the firearms they want to acquire were registered in Canada on December 1, 1998. A PAL indicates what prohibited firearms the person is licensed to acquire by showing the section of the ''Firearms Act'' that “grandfathers” them. Grandfathered status lets a person acquire and possess prohibited firearms already registered in Canada—but not import prohibited firearms into Canada.
# By mailing a printed application form to the RCMP. [https://www.rcmp-grc.gc.ca/wam/media/3623/original/50a343517ee4640683e8e44f6cd27cd5.pdf You can download the form from the program website] or call 1-800-731-4000.


To stay grandfathered for a category of prohibited firearm, a person must have continuously held a registration certificate for a firearm in that category from December 1, 1998, onward. To get a registration certificate for a firearm, a person needs a licence to possess that class of firearm. And any renewal of a firearms licence must be done before it expires.
There is no fee to register a firearm.


==Transferring registration to a new owner==
Restricted and prohibited firearms being registered for the first time in Canada [https://www.rcmp-grc.gc.ca/en/firearms/verification need to be verified by an approved verifier]. Call the program at 1-800-731-4000 for information on having a firearm verified.
Any time a registered restricted or prohibited firearm is sold or given to someone, it must be deregistered from the first owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner differ from registering a firearm that has never been registered. There are three ways to do a transfer:


#Call 1.800.731.4000 to transfer by phone. 
===Transferring a firearm, and its registration, to a new owner===
#If either the buyer or the seller is a licensed business, they can do the transfer online. The business will need to start the process on the Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp].
Any time a '''restricted or prohibited firearm''' is sold or given to someone, it must be deregistered from the current owner and registered to the new owner. This is called a '''transfer'''. Transferring and registering a firearm to a new owner is a different process from registering a firearm for the first time.
#Call 1.800.731.4000 to get a paper transfer form or get it from the website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp].  


==Storing and disposing of firearms==
There are two ways to do a transfer:
All firearms must be stored unloaded and locked up, for safety.


If you have firearms that you no longer want, or can no longer legally own, you can dispose of them in any of the following ways:
# Call the Canadian Firearms Program at 1-800-731-4000 to obtain a printed transfer form or to complete the transfer process by phone.
# If either the buyer or the seller is a licensed business, the transfer can be done online. [https://www.rcmp-grc.gc.ca/en/firearms/buying-and-selling-transferring-firearms The business will need to start the process on the program website].


*Sell or give them to a person or business licensed to acquire them, including a museum.
To transfer an '''unrestricted firearm''' to a new owner, the person transferring the firearm must verify that the new owner has a valid firearms licence. To do that, they can call the Canadian Firearms Program at 1-800-731-4000. There is no paperwork required for the transfer, as unrestricted firearms do not need to be registered.
*Have them permanently deactivated in an approved way.
*Export them to a country that allows them.
*Turn them in to police or a firearms officer for disposal.


When you dispose of a registered firearm, you have to tell the Program. You may also have to provide proof that you disposed of it, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice.  
===Storing firearms===
When storing firearms, '''unload and lock your firearms''', for safety.


==Firearms-related penalties in the ''Criminal Code''==
Store the '''ammunition''' separately or lock it up.
If you have a firearm without a license (and registration certificate for restricted or prohibited firearms), you risk penalties up to 14 years in jail. The ''Tackling Violent Crime Act'' broadened the definition of firearms-related crimes and increased penalties for them.


==If you change your address==
===Disposing of firearms===
If you have a licence (POL or PAL) and you move, you must tell the Program your new address within 30 days. You can change your address through the website or by calling 1.800.731.4000. Keeping your address current ensures you get important information, such as notices reminding you to renew your licence. But even if you don’t get a notice to renew, you are still responsible to renew it before it expires.
If you have firearms you no longer want, or can no longer legally own, you can dispose of them in any of the following ways:


==For more information==
* Sell or give them to a person or business licensed to acquire them, including a museum.
Call the Canadian Firearms Program at 1.800.731.4000 or check its website at [http://www.rcmp-grc.gc.ca/cfp  www.rcmp-grc.gc.ca/cfp] for detailed information, including fact sheets on several topics. You can get licence and registration application forms from the website or by calling 1.800.731.4000. For more information refer to the ''Criminal Code'' (http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html) and the ''Firearms Act'' (http://laws-lois.justice.gc.ca/eng/acts/F-11.6/) and their corresponding regulations.
* Have them permanently deactivated in an approved way.
* Export them to a country that allows them.
* Turn them in to police or a firearms officer for disposal.


==Summary==
When you dispose of a registered firearm, you must tell the Canadian Firearms Program. You may have to provide proof you disposed of the firearm, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice.
To possess or acquire a firearm, you must have a licence. Your licence tells you what class of firearm you’re allowed to have: non-restricted, restricted, or prohibited. If you have a restricted or prohibited firearm, you must register it. Grandfathered privileges for prohibited firearms are valid only if you continue to hold a valid licence and registration certificate for a firearm in that category of prohibited firearms.


===Keeping your firearms licence up to date===


[updated January 2015]
====If you change your address====
If you have a firearms licence and you move, you must notify the Canadian Firearms Program of your new address within 30 days. [https://www.rcmp-grc.gc.ca/en/firearms/contact-the-canadian-firearms-program#address You can change your address through the program’s website] or by calling 1-800-731-4000. Keeping your address current ensures you get important information, such as notices reminding you to renew your licence. But even if you don’t get a notice to renew, you are still responsible to renew your licence before it expires.


====Renewing a firearms licence====
Firearms licences are generally valid for five years, and must be renewed '''before''' they expire. [https://www.rcmp-grc.gc.ca/en/firearms/licence-renewal-individuals You can renew your licence online].


----
If you want to continue having firearms, you need to renew your licence. If your licence expires and you have any restricted or prohibited firearms, their registration could be cancelled. As well, you could face penalties for illegal possession of a firearm, as you need a licence in order to possess firearms legally.
----


===If you have a firearm without a licence===
[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec91_smooth Under the ''Criminal Code'', it is an offence to possess a firearm without a valid licence]. It is also an offence to possess a prohibited or restricted firearm without a registration certificate for it.


You risk penalties if police find you in possession of a firearm without a valid licence or registration certificate. To minimize that risk, if you have a firearm, you should apply for a licence and (if needed) register the firearm as quickly as possible.
==Who can help==
===With more information===
The '''Canadian Firearms Program''', run by the RCMP, administers Canada’s gun control laws. The program’s website features fact sheets as well as licence and registration application forms.
* Call 1-800-731-4000 (toll-free)
* [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Visit website]
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Latest revision as of 04:43, 15 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Ling Wong, Fasken Martineau DuMoulin LLP in July 2018.

Canada’s gun laws require gun owners to be licensed and certain guns to be registered. Learn how these laws work, and how to get a licence or register a firearm.

What you should know

You need a licence to have a firearm

Canada’s main gun control law is the Firearms Act. It applies to everyone who possesses, uses or acquires guns. It is administered by the Canadian Firearms Program, which is run by the RCMP.

To have a firearm, you must have a licence. Your licence says what class of firearm you can have: non-restricted, restricted or prohibited.

To have a restricted or prohibited firearm, you must register the firearm.

In other words, gun laws require owners to be licensed and (certain) guns to be registered, similar to how driving laws require drivers to be licensed and cars to be registered.

How you get a firearms licence

If you are 18 or older, you can apply for a possession and acquisition licence (PAL). The licence enables you to possess or acquire firearms of the class listed on your licence, and to get ammunition.

You must first take the Canadian Firearms Safety Course and pass a test. (To have a restricted firearm, you must also take the Canadian Restricted Firearms Safety Course.)

Then you must apply for the PAL licence and pay a fee. The licence fee is based on the class of firearms you intend to acquire: for non-restricted firearms, the fee is $61.32; for restricted or prohibited firearms, the fee is $81.76

There is a minimum 28-day waiting period. The RCMP conduct various background checks. They may contact your partner, former partners, and references listed in your application, to see if they have any safety concerns about you owning a firearm.

The licence is renewable every five years.

Minor’s licence

A young person between age 12 and 17 can apply for a minor’s licence. This licence allows them to borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. But someone under 18 cannot own or acquire firearms.

Firearms business licence

All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition must have a valid firearms business licence.

You must register any restricted or prohibited firearm

The Criminal Code lists three classes of firearms: non-restricted, restricted, and prohibited. You must register any restricted or prohibited firearm.

  • Non-restricted firearms include ordinary shotguns and rifles, such as those commonly used for hunting. (But some military-type rifles and shotguns are prohibited.)
  • Restricted firearms include certain handguns and some semi-automatic long guns. Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted.
  • Prohibited firearms include most 32 and 25 calibre handguns, and handguns with a barrel length of 105 millimeters or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK-47 are also prohibited.

To possess restricted firearms

You can only have restricted firearms for a purpose the Firearms Act allows, such as gun collecting or target shooting. You must also pass a restricted firearms safety course.

“Grandfather” status for certain prohibited firearms

You are allowed to possess certain prohibited firearms if you had a firearm in the same category registered in your name when it became prohibited, and you have continuously held a valid registration certificate for that type of prohibited firearm from December 1, 1998, onward. The Firearms Act refers to this as being "grandfathered."

How you register a firearm

To register a restricted or prohibited firearm, you must be at least 18 years old and have a licence authorizing you to have that class of firearm.

You can register a restricted or prohibited firearm in one of two ways:

  1. Online on the Canadian Firearms Program website.
  2. By mailing a printed application form to the RCMP. You can download the form from the program website or call 1-800-731-4000.

There is no fee to register a firearm.

Restricted and prohibited firearms being registered for the first time in Canada need to be verified by an approved verifier. Call the program at 1-800-731-4000 for information on having a firearm verified.

Transferring a firearm, and its registration, to a new owner

Any time a restricted or prohibited firearm is sold or given to someone, it must be deregistered from the current owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner is a different process from registering a firearm for the first time.

There are two ways to do a transfer:

  1. Call the Canadian Firearms Program at 1-800-731-4000 to obtain a printed transfer form or to complete the transfer process by phone.
  2. If either the buyer or the seller is a licensed business, the transfer can be done online. The business will need to start the process on the program website.

To transfer an unrestricted firearm to a new owner, the person transferring the firearm must verify that the new owner has a valid firearms licence. To do that, they can call the Canadian Firearms Program at 1-800-731-4000. There is no paperwork required for the transfer, as unrestricted firearms do not need to be registered.

Storing firearms

When storing firearms, unload and lock your firearms, for safety.

Store the ammunition separately or lock it up.

Disposing of firearms

If you have firearms you no longer want, or can no longer legally own, you can dispose of them in any of the following ways:

  • Sell or give them to a person or business licensed to acquire them, including a museum.
  • Have them permanently deactivated in an approved way.
  • Export them to a country that allows them.
  • Turn them in to police or a firearms officer for disposal.

When you dispose of a registered firearm, you must tell the Canadian Firearms Program. You may have to provide proof you disposed of the firearm, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice.

Keeping your firearms licence up to date

If you change your address

If you have a firearms licence and you move, you must notify the Canadian Firearms Program of your new address within 30 days. You can change your address through the program’s website or by calling 1-800-731-4000. Keeping your address current ensures you get important information, such as notices reminding you to renew your licence. But even if you don’t get a notice to renew, you are still responsible to renew your licence before it expires.

Renewing a firearms licence

Firearms licences are generally valid for five years, and must be renewed before they expire. You can renew your licence online.

If you want to continue having firearms, you need to renew your licence. If your licence expires and you have any restricted or prohibited firearms, their registration could be cancelled. As well, you could face penalties for illegal possession of a firearm, as you need a licence in order to possess firearms legally.

If you have a firearm without a licence

Under the Criminal Code, it is an offence to possess a firearm without a valid licence. It is also an offence to possess a prohibited or restricted firearm without a registration certificate for it.

You risk penalties if police find you in possession of a firearm without a valid licence or registration certificate. To minimize that risk, if you have a firearm, you should apply for a licence and (if needed) register the firearm as quickly as possible.

Who can help

With more information

The Canadian Firearms Program, run by the RCMP, administers Canada’s gun control laws. The program’s website features fact sheets as well as licence and registration application forms.

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