Difference between revisions of "Firearms and the Firearms Act"

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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
Canada’s main gun control law is the ''[http://laws-lois.justice.gc.ca/eng/acts/f-11.6/ Firearms 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 administered by the RCMP [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Canadian Firearms Program].
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.


The Act requires '''people with firearms to be licensed''' and '''firearms to be registered''' (like driving laws 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 firearms 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 ''[http://laws-lois.justice.gc.ca/eng/annualstatutes/2012_6/page-1.html Ending the Long-gun Registry Act]'' became law. Under it, non-restricted firearms no longer have to be registered. But restricted and prohibited firearms must still be registered.
==Understand the legal framework==


==Licensing of people with firearms==
===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 [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Canadian Firearms Program], which is run by the RCMP.


===What licence do you need?===
To have a firearm, you must have a '''licence'''. Your licence says what class of firearm you can have: non-restricted, restricted or prohibited.  
*'''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, you must first take the ''[http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-eng.htm#a1 Canadian Firearms Safety Course]'', plus the ''[http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-eng.htm#a2 Canadian Restricted Firearms Safety Course]'' (to acquire restricted firearms) and then pass a test. Then you must 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, and other people you have lived with to see if they have any safety concerns about you owning a firearm.
*'''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.


All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition must have a valid firearms business licence.
To have a restricted or prohibited firearm, you must '''register''' the firearm.  


===What classes of firearms are there?===
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.
The ''Criminal Code'' lists three [http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/clas-eng.htm classes of firearms]: '''non-restricted''', '''restricted''', and '''prohibited'''. A firearms licence shows 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.


*'''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 a restricted firearms safety course/tests approved by the federal minister.
===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.  


*'''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.
You must first take the “[http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-eng.htm#a1 Canadian Firearms Safety Course]” and pass a test. (To have a restricted firearm, you must also take the [http://www.rcmp-grc.gc.ca/cfp-pcaf/safe_sur/cour-eng.htm#a2 Canadian Restricted Firearms Safety Course].)
:The [http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/clas-eng.htm Program factsheet] has more on classes of firearms and how a firearm’s class is determined.


===How much does a firearms licence cost and how long does it last?===
Then you must [http://www.rcmp-grc.gc.ca/cfp-pcaf/form-formulaire/pdfs/5592-eng.pdf 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 $60; for restricted or prohibited firearms, the fee is $80.  
A PAL costs $60 if it is only for non-restricted firearms or $80 for any combination of non-restricted, restricted, and prohibited firearms. Firearms licences are generally valid for 5 years.


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 must pay for a PAL if you upgrade from a Minor’s Licence when you turn 18.
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.  


===Renewing a firearms licence===
The licence is renewable every five years.  
If you want to renew a firearms licence, you must do so before it expires. You can [http://www.rcmp-grc.gc.ca/cfp-pcaf/faq/lic-per-eng.htm#b2 renew it online]. If you want to keep firearms, you need to renew your licence. And if your licence expires and you have any restricted or prohibited firearms, their registration could be canceled. In both cases, you could face penalties for illegal possession because you need a licence to possess firearms legally.


==Registration of firearms==
====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.


===How do you register firearms?===
====Firearms business licence====
To register a restricted or prohibited firearm, you must be at least 18 years old 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.
All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition must have a valid '''firearms business licence'''.


You can register restricted and prohibited firearms in 2 ways:
===You must register any restricted or prohibited firearm===
# Online, at the [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Program website]
The ''Criminal Code'' lists three [http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/clas-eng.htm classes of firearms]: non-restricted, restricted, and prohibited. You must '''register''' any restricted or prohibited firearm.  
# With a paper application form – call 1.800.731.4000 to get a form or get it from the [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Program website].


===Registering prohibited firearms===
'''Non-restricted firearms''' include ordinary shotguns and rifles, such as those commonly used for hunting. (But some military-type rifles and shotguns are prohibited.)
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.


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.
'''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.  


==Transferring a firearm, and its registration, to a new owner==
'''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.
*'''Restricted and prohibited firearms'''—any time these firearms are sold or given to someone, they 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. 
:#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 [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Program website].
:#Call 1.800.731.4000 to get a paper transfer form or get it from the [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm Program website].


*'''Non-restricted firearms'''—transfers of these firearms can be done without contacting the Program, because registration is no longer required for this class. But the person transferring the firearm must verify that the new owner has a valid PAL. To do that, they can call the Program (1.800.731.4000) before selling or transferring the firearm.
====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.


==Storing and disposing of firearms==
====“Grandfather” status for certain prohibited firearms====
All firearms must be stored unloaded and locked up, for safety.
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".


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:
===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:
#Online on the Canadian Firearms Program website at [http://www.rcmp-grc.gc.ca/cfp-pcaf/online_en-ligne/reg_enr-eng.htm rcmp.gc.ca].
#By mailing a printed application form to the RCMP. You can [http://www.rcmp-grc.gc.ca/cfp-pcaf/form-formulaire/index-eng.htm#f998 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 [http://www.rcmp-grc.gc.ca/cfp-pcaf/information/ver/index-eng.htm 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:
#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. The business will need to start the process on the [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm 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.
*Sell or give them to a person or business licensed to acquire them, including a museum.
*Have them permanently deactivated in an approved way.
*Have them permanently deactivated in an approved way.
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*Turn them in to police or a firearms officer for disposal.
*Turn them in to police or a firearms officer for disposal.


When you dispose of a registered firearm, you must 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.   
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 [http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/ma-ca-eng.htm 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.


==Firearms-related penalties in the ''Criminal Code''==
====Renewing a firearms licence====
If you have a firearm without a license (and registration certificate for restricted or prohibited firearms), you may face penalties under [http://laws-lois.justice.gc.ca/eng/acts/C-46/page-19.html#h-37 Part III] of the ''Criminal Code''.
Firearms licences are generally valid for five years, and must be renewed '''before''' they expire. You can [http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/renew-renouv-eng.htm renew your licence online].  


==If you change your address==
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 licence and you move, you must notify the Program of 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.


==More information==
===If you have a firearm without a licence===
Call the Canadian Firearms Program at 1.800.731.4000 or check its [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm website] for detailed information, including fact sheets on many topics. You can get licence and registration application forms from the website or by calling 1.800.731.4000. For more information, check the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'' and the ''[http://laws-lois.justice.gc.ca/eng/acts/F-11.6/ Firearms Act]'' and their regulations.
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.
 
==Get 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.
:Toll-free: 1-800-731-4000
:Web: [http://www.rcmp-grc.gc.ca/cfp-pcaf/index-eng.htm rcmp.gc.ca]


==Summary==
To possess or acquire a firearm, you must have a licence. Your licence tells you what class of firearm you can 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 firearm.




[updated August 2017]
[updated August 2017]


'''The above was last reviewed for accuracy by Yulina Wang and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by Yuliana Wang, Barrister & Solicitor and Christa Delaney, Canadian Firearms Program.'''
 
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Revision as of 19:07, 31 January 2019

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.

Understand the legal framework

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 $60; for restricted or prohibited firearms, the fee is $80.

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 at rcmp.gc.ca.
  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.

Get 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.

Toll-free: 1-800-731-4000
Web: rcmp.gc.ca


[updated August 2017]

The above was last reviewed for legal accuracy by Yuliana Wang, Barrister & Solicitor and Christa Delaney, Canadian Firearms Program.



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