Firearms and the Firearms Act

From Clicklaw Wikibooks
Jump to navigation Jump to search
The printable version is no longer supported and may have rendering errors. Please update your browser bookmarks and please use the default browser print function instead.
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.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.