Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-21. Previous Versions

Authorized Transfers and Lending (continued)

Authorized Transfers (continued)

Marginal note:Voluntary request to Registrar

  •  (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.

  • Marginal note:No record of request

    (2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

  • 2012, c. 6, s. 11

Marginal note:Authorization to transfer prohibited or restricted firearms

  •  (1) A person may transfer a prohibited firearm or a restricted firearm if, at the time of the transfer,

    • (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

    • (b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

    • (c) the transferor informs the Registrar of the transfer;

    • (d) if the transferee is an individual, the transferor informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

    • (e) a new registration certificate for the firearm is issued in accordance with this Act; and

    • (f) the prescribed conditions are met.

  • Marginal note:Notice

    (2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

  • 2012, c. 6, s. 11

Marginal note:Authorization to transfer prohibited weapons, devices and ammunition

  •  (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.

  • Marginal note:Conditions

    (2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if

    • (a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and

    • (b) [Repealed, 2003, c. 8, s. 18]

    • (c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be.

    • (d) [Repealed before coming into force, 2008, c. 20, s. 3]

  • 1995, c. 39, s. 24
  • 2003, c. 8, s. 18
  • 2008, c. 20, s. 3

Marginal note:Authorization to transfer ammunition to individuals

 A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual

  • (a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or

  • (b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.

Marginal note:Authorization to transfer prohibited or restricted firearms to Crown, etc.

  •  (1) A person may transfer a prohibited firearm or a restricted firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.

  • Marginal note:Authorization to transfer prohibited weapons, etc., to the Crown, etc.

    (2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

  • 1995, c. 39, s. 26
  • 2003, c. 8, s. 19
  • 2012, c. 6, s. 12

Marginal note:Chief firearms officer

 On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23.2, a chief firearms officer shall

  • (a) verify

    • (i) whether the transferee or individual holds a licence,

    • (ii) whether the transferee or individual is still eligible to hold that licence, and

    • (iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;

  • (b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

  • (c) decide whether to approve the transfer and inform the Registrar of that decision; and

  • (d) take the prescribed measures.

  • 1995, c. 39, s. 27
  • 2003, c. 8, s. 20
  • 2012, c. 6, s. 13

Marginal note:Permitted purposes

 A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

  • (a) that the individual needs the restricted firearm or handgun

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

    • (ii) for use in connection with his or her lawful profession or occupation; or

  • (b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is

    • (i) 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, or

    • (ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.

  • 1995, c. 39, s. 28
  • 2003, c. 8, s. 21

Marginal note:Shooting clubs and shooting ranges

  •  (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.

  • Marginal note:Approval

    (2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if

    • (a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and

    • (b) the premises of the shooting club or shooting range are located in that province.

  • Marginal note:Revocation

    (3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).

  • Marginal note:Delegation

    (4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.

  • Marginal note:Notice of refusal to approve or revocation

    (5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.

  • Marginal note:Material to accompany notice

    (6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

  • Marginal note:Non-disclosure of information

    (7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.

  • 1995, c. 39, s. 29
  • 2003, c. 8, s. 22(F)
 
Date modified: