Firearms Act (S.C. 1995, c. 39)
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Act current to 2013-04-29 and last amended on 2012-04-05. Previous Versions
AUTHORIZED EXPORTATION AND IMPORTATION
Individuals
Marginal note:Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms
35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,
(a) the non-resident
(i) is eighteen years old or older,
(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and
(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).
Marginal note:Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.
Marginal note:Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
Marginal note:Non-compliance
(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and
(a) the non-resident has not truthfully completed the prescribed form, or
(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,
the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.
Marginal note:Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and, in the case of a restricted firearm, as a registration certificate for the firearm until
(a) the expiry of 60 days after the importation, in the case of a firearm that is neither a prohibited firearm nor a restricted firearm; or
(b) the earlier of the expiry of 60 days after the importation and the expiry of the authorization to transport, in the case of a restricted firearm.
Marginal note:Renewal
(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.
Marginal note:Electronic or other means
(3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.
- 1995, c. 39, s. 36;
- 2012, c. 6, s. 16.
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