Marginal note:Authorization for individuals who hold a licence to import firearms
40 (1) An individual who holds a licence may import a firearm if, at the time of the importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;
(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,
(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,
(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,
(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and
(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and
(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.
Marginal note:Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) 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 individual 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:Importation of prohibited firearms
(4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38.
Marginal note:Prohibited firearm
(5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office.
Marginal note:Disposal
(6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
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