Firearms Act (S.C. 1995, c. 39)

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Act current to 2019-06-20 and last amended on 2018-10-17. Previous Versions

Authorized Transfers and Lending (continued)

Authorized Transfers (continued)

Marginal note:Registrar

  •  (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

Marginal note:Mail-order transfers of firearms

 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  • (b) [Repealed, 2003, c. 8, s. 24]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

Authorized Lending

Marginal note:Authorization to lend

 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

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

 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

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

  •  (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

Marginal note:Temporary licence and registration certificate

  •  (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.

  • 1995, c. 39, s. 36
  • 2012, c. 6, s. 16
  • 2015, c. 27, s. 9

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

Businesses

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

Licences, Registration Certificates and Authorizations

Applications

Marginal note:Applications

  •  (1) A licence, registration certificate or authorization, other than an authorization referred to in subsection 19(2.1) or (2.2), may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees.

  • Marginal note:To whom made

    (2) An application for a licence, registration certificate or authorization must be made to

    • (a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or

    • (b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.

  • Marginal note:Pre-commencement restricted firearms and handguns

    (3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,

    • (a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and

    • (b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.

  • 1995, c. 39, s. 54
  • 2003, c. 8, ss. 36, 56
  • 2015, c. 27, s. 11
 
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