Firearms Act (S.C. 1995, c. 39)

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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:Gun collectors

30 The criteria referred to in subparagraph 28(b)(ii) are that the individual

(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;
(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and
(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.

Marginal note:Registrar

31 (1) On being informed of a proposed transfer of a firearm, the Registrar may
- (a) issue a new registration certificate for the firearm in accordance with this Act; and
- (b) revoke any registration certificate for the firearm held by the transferor.
Marginal note:Transfers of firearms to the Crown, etc.
(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.

1995, c. 39, s. 31
2003, c. 8, s. 23

Previous Version

Marginal note:Mail-order transfers of firearms

32 A person may transfer a firearm by mail only if

(a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; and
(b) [Repealed, 2003, c. 8, s. 24]
(c) the prescribed conditions are complied with.

1995, c. 39, s. 32
2003, c. 8, s. 24

Previous Version

Authorized Lending

Marginal note:Authorization to lend

33 Subject to section 34, a person may lend a firearm only if

(a) the person
- (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and
- (ii) in the case of a prohibited firearm or a restricted firearm, lends the registration certificate for it to the borrower; or
(b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.

1995, c. 39, s. 33
2012, c. 6, s. 14

Previous Version

Marginal note:Authorization to lend firearms, etc., to the Crown, etc.

34 A person may lend a firearm, 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

(a) in the case of a prohibited firearm or a restricted firearm, the transferor lends the registration certificate for it to the borrower; and
(b) the prescribed conditions are complied with.

1995, c. 39, s. 34
2003, c. 8, s. 25
2012, c. 6, s. 15

Previous Version

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) If a non-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.

1995, c. 39, s. 35
2015, c. 27, s. 8

Previous Version

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 non-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.