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Firearm Regulations: Firearm ownership in Canada is a fragile privilege, granted only to those who have completed RCMP-mandated gun safety and licencing courses. Gun owners must then abide by a myriad of rules contained in the Firearms Act and the Criminal Code, with restrictions that vary depending on which of three categories of weapons their firearm falls in. If you decide to sell or give away your weapon, that can only be done in two ways.
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How Firearms are Regulated in Canada
Canada has stringent laws governing how firearms are purchased, stored, transported and used, which are contained in the Firearms Act and the Criminal Code. If you own a firearmBarrelled weapon from which a projectile can be discharged in Canada it has to be registered and you must also be licensed, with both programs administered by the RCMP. Firearm ownership is not a right in Canada. It is a privilege that you have to earn by completing training programs.
It is difficult to say how many firearms are legally owned in Canada, though a Department of Justice (DOJ) document (Firearms, Accidental Deaths, Suicides and Violent Crime) estimates that one-quarter of Canadian households own some sort of gun, with the rate of ownership much higher in the Yukon and the Northwest Territories. The number of illegally purchased firearms in the country, usually handguns, is unknown.
All Firearm Owners in Canada Must be Licenced
The RCMP administers the Possession and Acquisition Licence (PAL) program, which you must complete to own a firearm. If this is your first time applying for the PAL, you must first pass the Canadian Firearms Safety Course, which includes safe handling and carry procedures, along with your responsibilities as a firearms owner/user. If you want to be licensed to own a restricted firearmInclude most handguns, you must complete the basic course plus another that deals with firing techniques for handguns and the safe handling of restricted firearms.
As part of the basic PAL course, the RCMP will determine if you have a criminal record and look at your past behaviour for signs of violence or aggression. They will also ask for contact information for your spouse or partner, as they want to know if they would be concerned if you owned a firearm.
If you have a PAL and are convicted of a crime or enter into a peace bond, the Chief Firearms Officer may withdraw your PAL. Even if the criminal court Judge does not impose a firearm restriction or does not find that there was a risk of violence, the Chief Firearms Officer may decide that you no longer qualify for a PAL.
Definition of a Firearm in Canada
Section 2 of the Code defines a firearm as a “barrelled weapon” from which any projectile can be discharged that can cause serious bodily injury or death. The RCMP has published a list (Classes of firearms) of what is generally not considered a firearm, unless the items are used in a “criminal manner.”
That list includes air guns with a muzzle velocity of 152.4 meters per second or less and a muzzle energy of 5.7 joules or less. Other items on the non-firearm list are antique firearms, devices designed for signalling or notifying of distress, tranquilizer guns or those that shoot blank cartridges.
Prohibited Weapons Are Illegal in Canada
Section 84 of the Code divides firearms into three categories, mainly based on their design and capacity to fire shells or bullets. A prohibited firearm includes all automatic weapons, which can fire bullets in rapid succession with one squeeze of the trigger. It is also illegal for you to own a semi-automatic weapon that has been altered so it fires like an automatic firearmA weapon capable of discharging bullets in rapid succession with one pull of the trigger or a handgun with a barrel length less than 105 mm.
According to a 2020 document from Public Safety Canada (PSC) Changes to prohibited firearms, there are more than 1,500 models or variants of assault-style firearms that are considered to be prohibited weapons in Canada, meaning that they cannot be legally used, stored or sold. If you have such a weapon, PSC advises you to make arrangements to turn the firearm over to police.
The Department of Justice provides this listing (Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted) of prohibited firearms.
You can also call the RCMP at 1-800-731-4000 to confirm if your firearm is prohibited.
Restricted Weapons are Legal in Canada, With Conditions
Section 84 of the Code states that most handguns are considered restricted weapons. You can legally own them provided they are registered and you are licenced. According to RCMP Classes of firearms, you can own a restricted weapon for target practice or target shooting competitions. In "limited circumstances," you can possess them "in connection with one's lawful profession or occupation, or to protect life."
Gun collectors are also allowed to own restricted weapons if they consent to occasional inspections to ensure they are abiding by storage and record-keeping rules. You are not allowed to hunt with restricted firearms in Canada.
Non-Restricted Firearms are Common in Canada
Section 84 of the Code states that non-restricted firearmsMost ifles and shotguns in Canada are those that don't fall into the other two categories. That includes must shotguns and rifles that are commonly favoured by those living in rural or outlying areas.
How to Sell a Firearm in Canada
You can only sell a firearm to another adult with a PAL, unless the weapon is going to a business, museum or other organization with a firearms business licence. There are two ways for citizens to transfer a firearm, the first is by telephone. If you own a non-restricted firearm, call the Canadian Firearms Program (CFP) at 1-800-731-4000 to confirm the validity of the buyer’s licence before handing over the firearm. With restricted and prohibited weapons, the CFP will want to speak to you and the buyer, though it does not have to be at the same time.
The second option is by mail. If you own restricted or prohibited weapons, use RCMP form 5492. Call the CFP at 1-800-731-4000 to get a form.
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Natasha J. Calvinho Criminal Defence Professional Corporation
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Glossary of Legal Terms
Automatic firearm
A weapon capable of discharging bullets in rapid succession with one pull of the trigger.
Firearm
Barrelled weapon from which a projectile can be discharged and that is capable of causing bodily injury or death to a person.
Non-restricted firearms
This class includes any rifle or shotgun that is neither restricted nor prohibited. Most common long guns (rifles and shotguns) are non-restricted, but there are exceptions.
Restricted firearm
According to the Code, a restricted weapon is: a handgun that is not a prohibited firearm; a firearm that is not a prohibited firearm, has a barrel less than 470 mm in length, and is capable of discharging centre-fire ammunition in a semi-automatic manner; a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise; or a firearm of any other kind that is prescribed to be a restricted firearm.
