Conditions of Transferring Firearms and Other Weapons Regulations

SOR/98-202

FIREARMS ACT

Registration 1998-03-24

Conditions of Transferring Firearms and Other Weapons Regulations

P.C. 1998-477 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had the proposed Conditions of Transferring Firearms and other Weapons Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 23(e) and 24(2)(d), section 26, paragraphs 27(d), 30(c) and 32(a) and (c) and section 117 of the Firearms Acta, hereby makes the annexed Conditions of Transferring Firearms and other Weapons Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

approved verifier

approved verifier[Repealed, SOR/2004-279, s. 1]

Firearms Identification System

Firearms Identification System[Repealed, SOR/2004-279, s. 1]

non-restricted firearm

non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

public agency identification number

public agency identification number has the same meaning as in section 1 of the Public Agents Firearms Regulations. (numéro d'identification)

verify

verify[Repealed, SOR/2004-279, s. 1]

  • SOR/2004-279, s. 1.

 [Repealed, SOR/2004-279, s. 2]

Transfers of Firearms

Conditions

  •  (1) For the purposes of paragraph 23(1)(f) of the Act, a transferor shall comply with the condition that the transferor provide the Registrar and, in the case of a prohibited or restricted firearm, the chief firearms officer with the names of the transferor and the transferee, as well as their licence numbers or their firearms acquisition certificate numbers, if their firearms acquisition certificates are deemed to be licences under section 120 of the Act.

  • (2) [Repealed, SOR/2004-279, s. 3]

  • (3) For the purposes of paragraph 23(1)(f) of the Act, the transferee shall comply with the following conditions to transfer a firearm:

    • (a) if the transferee is an individual and the firearm is a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act, the transferee shall inform the chief firearms officer of the transferee's reasons

      • (i) for needing the restricted firearm or handgun

        • (A) to protect the life of that individual or of other individuals, or

        • (B) for use in connection with his or her lawful profession or occupation, or

      • (ii) for wishing to acquire the restricted firearm or handgun

        • (A) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29 of the Act, or

        • (B) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30 of the Act; and

    • (b) if the transferee wishes to acquire a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act to form part of a gun collection of the transferee, the transferee shall provide the chief firearms officer with

      • (i) information regarding the transferee’s knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms or handguns that he or she possesses,

      • (ii) the transferee’s signed consent to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept, and

      • (iii) details of the transferee’s understanding of the requirements set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations respecting the secure storage of restricted firearms or handguns.

    • (c) [Repealed, SOR/2004-279, s. 3]

  • SOR/2004-279, s. 3.

Condition Precedent Before Authorizing a Transfer

 The chief firearms officer may only authorize the transfer of a restricted firearm or prohibited firearm if the officer determines that it is not contrary to the interests of the safety of the transferee or any other person to transfer the firearm.

  • SOR/2004-279, s. 4.

 [Repealed, SOR/2004-279, s. 5]

Transfers to Her Majesty, a Police Force or a Municipality

[SOR/2004-279, s. 6]

Transfers of Firearms

 For the purposes of subsection 26(1) of the Act, a transferor shall comply with the following conditions to transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality:

  • (a) the transferor shall provide the Registrar with the following information:

    • (i) the name and licence number of the transferor,

    • (ii) the date of the transfer,

    • (iii) the number of the registration certificate for the firearm and its firearms identification number, and

    • (iv) the name and public agency identification number of the transferee; and

  • (b) the transferor shall obtain a receipt from the transferee that identifies the date of the transfer and describes the firearm transferred.

  • SOR/2004-279, s. 7.

Transfers of Prohibited Weapons, Restricted Weapons, Prohibited Devices, Ammunition and Prohibited Ammunition

 For the purposes of subsection 26(2) of the Act, to transfer a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality, a transferor shall obtain a receipt from the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force or a municipality identifying the date of the transfer and describing the goods transferred.

  • SOR/2004-279, s. 8.

Transfers by Mail

 For the purposes of section 32 of the Act, before transferring a firearm by mail, a transferor shall obtain all copies of registration certificates and authorizations that the Act requires for the transfer to occur.

 [Repealed, SOR/2004-279, s. 9]

Coming into Force

 These Regulations come into force on December 1, 1998.

  • SOR/98-471, s. 4.
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