SOR/98-21019983

200412

20196

FIREARMS ACTStorage, Display and Transportation of Firearms and Other Weapons by Businesses RegulationsP.C.1998-48519983

Whereas, pursuant to section 118 of the Firearms Acta, the Minister of Justice had the proposed Storage, Display and Transportation of Firearms and Other Weapons by Businesses 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 117(h), (i) and (o) of the Firearms Acta, hereby makes the annexed Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.aS.C. 1995, c. 39Interpretation

1The definitions in this section apply in these Regulations.Act means the Firearms Act. (Loi)non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)owner, in respect of a business, includes a partner in the business. (propriétaire)post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (poster)premises means the premises used in the course of carrying on a business. (locaux)prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)secure locking device means a device(a)that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination; and(b)that, when applied to a firearm, prevents the firearm from being discharged. (dispositif de verrouillage sécuritaire)transmit by post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (transmission postale)unattended, in respect of a vehicle, means that the vehicle is not under the direct and immediate supervision of a person who is 18 years of age or older or to whom a licence has been issued under the Act. (non surveillé)unloaded, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm. (non chargée)vehicle means any conveyance that is used for transportation by water, land or air. (véhicule)SOR/2004-278, s. 1

Application

2These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.SOR/2004-278, s. 2

3[Repealed, SOR/2012-262, s. 2]

4These Regulations do not apply to the storage of replica firearms that are being stored in accordance with the Special Authority to Possess Regulations (Firearms Act).

Storage of Non-Restricted Firearms, Restricted Firearms and Prohibited Handguns

5(1)A business may store a non-restricted firearm, a restricted firearm or a prohibited handgun only if(a)it is unloaded;(b)it is stored(i)in a securely locked cabinet, vault or safe,(ii)in a securely locked location, or(iii)in a location that is readily accessible only to the owner or an employee of the business; and(c)it is stored on premises where(i)there is an electronic burglar alarm system, and(ii)every window that can be opened, and every exterior door, can be securely locked.(2)Despite paragraphs (1)(b) and (c), a business may store a non-restricted firearm, a restricted firearm or a prohibited handgun if it is stored in a location the security of which is equal or superior to the places, locations and premises described in subparagraphs (1)(b)(i) to (iii) and paragraph (1)(c) and that is approved in writing by the chief firearms officer who issued a licence to the business.

Storage of Prohibited Firearms, other than Prohibited Handguns, and their Components and Parts

6(1)A business may store a prohibited firearm, other than a prohibited handgun, or a component or part of a prohibited firearm only if(a)in the case of a prohibited firearm, it is unloaded;(b)it is stored(i)in a securely locked cabinet, vault or safe,(ii)in a securely locked location, or(iii)in a location that is readily accessible only to the owner or an employee of the business; and(c)it is stored on premises where(i)there is an electronic burglar alarm system, and(ii)every window that can be opened, and every exterior door, can be securely locked.(2)Despite paragraphs (1)(b) and (c), a business may store a prohibited firearm, other than a prohibited handgun, or a component or part of a prohibited firearm if it is stored in a location the security of which is equal or superior to the places, locations and premises described in subparagraphs (1)(b)(i) to (iii) and paragraph (1)(c) and that is approved in writing by the chief firearms officer who issued a licence to the business.

Possession of Firearms for the Purpose of Storage

7If firearms are kept for the purpose of storage in the ordinary course of a business, the business shall store those firearms(a)apart from other weapons that are kept for the purpose of being offered for sale or for carrying out maintenance or repairs in the ordinary course of the business; and(b)in a place where they are not visible from any part of the premises to which persons not employed in the business have access.

Storage of Restricted Weapons and Prohibited Weapons, Devices and Ammunition and their Components and Parts

8A business may store a restricted weapon, a prohibited weapon, a prohibited device or prohibited ammunition, or a component or part thereof, only if(a)it is stored(i)in a vault, safe or room that has been specifically constructed or modified for its secure storage and that is kept securely locked, and(ii)on premises where there is an electronic burglar alarm system and every window that can be opened, and every exterior door, can be securely locked; or(b)it is stored under security measures that are equal or superior to those set out in paragraph (a) and that are approved in writing by the chief firearms officer who issued a licence to the business.

Display of Non-Restricted Firearms

9(1)A business, other than a museum, may display a non-restricted firearm only if it is unloaded and(a)secured by a chain or metal cable that is passed through the trigger guard, with one end of the chain or cable attached to a wall or permanent fixture on the premises and the other end attached by a lock to the wall or permanent fixture, in such a manner as to prevent the removal of the firearm by a person other than the owner or an employee of the business;(b)secured by a metal bar, with one end of the bar attached to a wall or permanent fixture on the premises and the other end attached by a lock to the wall or permanent fixture, in such a manner as to prevent the removal of the firearm by a person other than the owner or an employee of the business;(c)rendered inoperable by means of a secure locking device and displayed in a locked display case or cabinet;(d)rendered inoperable by means of a secure locking device and displayed at a location on the premises that is readily accessible only to the owner or an employee of the business; or(e)secured by a method that is equal or superior to the method described in paragraph (a) or (b), or rendered inoperable by means of a secure locking device and displayed in a place or location the security of which is equal or superior to the security of the place described in paragraph (c) or the location described in paragraph (d), and the method, or the place or location, are approved in writing by the chief firearms officer who issued a licence to the business.(2)A museum may display a non-restricted firearm only if it(a)is unloaded; and(b)is displayed under security measures that are equal or superior to those set out in subsection (1) and that are approved in writing by the chief firearms officer of the province in which the museum carries on business.(3)Paragraphs (1)(a) to (e) and (2)(b) do not apply if the non-restricted firearm is detached from the structure so that the firearm may be handled by a person under the direct and immediate supervision of an employee or owner of the business.

Display of Restricted Firearms and Prohibited Firearms

10(1)A business, other than a museum, may display a restricted firearm or a prohibited firearm only if it(a)is unloaded;(b)is rendered inoperable by means of a secure locking device;(c)is displayed in a locked display case or cabinet;(d)is not displayed in a store window; and(e)in the case of a prohibited firearm other than a prohibited handgun, is displayed in a location that is readily accessible only to the owner or an employee of the business.(2)A museum may display a restricted firearm or a prohibited firearm only if it(a)is unloaded; and(b)is displayed under security measures that are equal or superior to those set out in paragraphs (1)(b) to (d) and, in the case of a prohibited firearm other than a prohibited handgun, paragraph (1)(e), and that are approved in writing by the chief firearms officer of the province in which the museum carries on business.(3)Paragraphs (1)(b) and (c) and (2)(b) do not apply if the restricted firearm or prohibited firearm is being handled by a person under the direct and immediate supervision of an employee or owner of the business.

Transportation of Non-Restricted Firearms

11(1)A business may transport a non-restricted firearm only if(a)it is unloaded;(b)it is in a container(i)that is made of an opaque material and is of such strength, construction and nature that it cannot be readily broken open or into or accidentally opened during transportation, and(ii)that, subject to subsection (2), does not have any markings on its exterior that could indicate that a weapon, a prohibited device or ammunition is in it; and(c)when it is in a container described in paragraph (b) that is in an unattended vehicle,(i)if the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is in that trunk or compartment and the trunk or compartment is securely locked, and(ii)if the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, is securely locked and the container is not visible from outside the vehicle.(2)Subparagraph (1)(b)(ii) does not apply if(a)the only marking on the exterior of the container that could indicate that a weapon, a prohibited device or ammunition is contained in it is a name or address; or(b)the container and its contents are being imported into Canada or exported from Canada.

Transportation of Restricted Firearms and Prohibited Handguns

12(1)A business may transport a restricted firearm or a prohibited handgun only if(a)it is unloaded; and(b)it is in a container(i)that is made of an opaque material and is of such strength, construction and nature that it cannot be readily broken open or into or accidentally opened during transportation, and(ii)that, subject to subsection (2), does not have any markings on its exterior that could indicate that a weapon, a prohibited device or ammunition is in it; and(c)when it is in a container described in paragraph (b) that is in an unattended vehicle,(i)if the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is in that trunk or compartment and the trunk or compartment is securely locked, and(ii)if the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, is securely locked and the container is not visible from outside the vehicle.(2)Subparagraph (1)(b)(ii) does not apply if(a)the only marking on the exterior of the container that could indicate that a weapon, a prohibited device or ammunition is contained in it is a name or address; or(b)the container and its contents are being imported into Canada or exported from Canada.

Transportation of Prohibited Firearms other than Prohibited Handguns

13(1)A business may transport a prohibited firearm, other than a prohibited handgun, only if(a)it is unloaded;(b)it is in a container(i)that is made of an opaque material and is of such strength, construction and nature that it cannot be readily broken open or into or accidentally opened during transportation,(ii)that is constructed and sealed so as to prevent it from being opened without breaking the seal or otherwise clearly indicating that it has been opened, and(iii)that, subject to subsection (2), does not have any markings on its exterior that could indicate that a weapon, a prohibited device or ammunition is in it;(c)when it is in a container described in paragraph (b) that is in an unattended vehicle,(i)if the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is in that trunk or compartment and the trunk or compartment is securely locked, and(ii)if the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, is securely locked and the container is not visible from outside the vehicle;(d)if it is an automatic firearm that has a bolt or bolt-carrier that is removable with reasonable facility, the automatic firearm is made inoperable by the removal of the bolt or bolt-carrier; and(e)[Repealed, SOR/2004-278, s. 3](f)if it is being transported by a carrier, the carrier holds a firearms licence and, with respect to each shipment, the business maintains a record of each prohibited firearm, other than prohibited handguns, in the shipment.(g)[Repealed, SOR/2004-278, s. 3](2)Subparagraph (1)(b)(iii) does not apply if(a)the only marking on the exterior of the container that could indicate that a weapon, a prohibited device or ammunition is contained in it is a name or address; or(b)the container and its contents are being imported into Canada or exported from Canada.(3)Subparagraph (1)(b)(ii) does not apply in respect of a prohibited firearm if(a)it is being transported by a business licensed to possess it for use in motion picture, television, video or theatrical productions;(b)it is being transported(i)from the premises of the business to a place where it is required for use in motion picture, television, video or theatrical productions, or(ii)between locations of a motion picture, television, video or theatrical production for use in that production; and(c)it has been converted to fire only blank cartridges.SOR/2004-278, s. 3

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

14(1)A business may transport a restricted weapon, a prohibited weapon, a prohibited device or prohibited ammunition only if(a)it is in a container(i)that is made of an opaque material and is of such strength, construction and nature that it cannot be readily broken open or into or accidentally opened during transportation,(ii)that is constructed and sealed so as to prevent it from being opened without breaking the seal or otherwise clearly indicating that it has been opened, and(iii)that, subject to subsection (2), does not have any markings on its exterior that could indicate that a weapon, a prohibited device or ammunition is in it; and(b)when the container described in paragraph (a) is in an unattended vehicle,(i)if the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is in that trunk or compartment and the trunk or compartment is securely locked, and(ii)if the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, is securely locked and the container is not visible from outside the vehicle; and(c)[Repealed, SOR/2004-278, s. 4](d)if it is being transported by a carrier, the carrier holds a firearms licence and, with respect to each shipment, the business maintains a record of each restricted weapon, prohibited weapon, prohibited device and piece of prohibited ammunition in the shipment.(e)[Repealed, SOR/2004-278, s. 4](2)Subparagraph (1)(a)(iii) does not apply if(a)the only marking on the exterior of the container that could indicate that a weapon, a prohibited device or ammunition is contained in it is a name or address; or(b)the container and its contents are being imported into Canada or exported from Canada.SOR/2004-278, s. 4

Shipping by Post

15A business may ship a firearm by posting it only if(a)the firearm is a non-restricted firearm, restricted firearm or prohibited handgun;(b)the destination is within Canada; and(c)the firearm is posted using the most secure means of transmission by post that is offered by the Canada Post Corporation that includes the requirement to obtain a signature on delivery.SOR/2004-278, s. 5

Offences

16For the purpose of paragraph 117(o) of the Act, it is an offence to contravene section 6, with respect to components or parts only, or section 8 or 14.

Coming into Force

17These Regulations come into force on December 1, 1998.SOR/98-471, s. 20.