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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2022-01-12 and last amended on 2021-07-07. Previous Versions

Authorized Possession (continued)

Eligibility to Hold Licences (continued)

Special Cases — Persons

Marginal note:Minors

  •  (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.

  • Marginal note:Minors hunting as a way of life

    (2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.

  • Marginal note:Hunting, etc.

    (3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.

  • Marginal note:No prohibited or restricted firearms

    (4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.

  • Marginal note:Consent of parent or guardian

    (5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.

Marginal note:Businesses

  •  (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms.

  • Marginal note:Safety courses

    (2) A business other than a carrier is eligible to hold a licence only if

    • (a) a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or

    • (b) the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section.

  • Marginal note:Employees — firearms

    (3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire non-restricted firearms.

  • Marginal note:Employees — prohibited firearms or restricted firearms

    (3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.

  • Marginal note:Employees — prohibited weapons, restricted weapons, etc.

    (3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.

  • Marginal note:Exception

    (4) In subsection (3), “firearm” does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon

    • (a) from which any shot, bullet or other projectile can be discharged; and

    • (b) that is capable of causing serious bodily injury or death to a person.

  • Marginal note:Exception

    (5) Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person’s ineligibility.

  • Marginal note:Exception for museums

    (6) Subsection (3) does not apply in respect of an employee of a museum

    • (a) who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or

    • (b) who is designated, by name, by a provincial minister.

  • 1995, c. 39, s. 9
  • 2003, c. 8, s. 12
  • 2015, c. 27, s. 5

 [Repealed, 2003, c. 8, s. 13]

Special Cases — Prohibited Firearms, Weapons, Devices and Ammunition

Marginal note:Prohibited firearms, weapons, devices and ammunition — businesses

  •  (1) A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section.

  • Marginal note:Prescribed purposes

    (2) A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.

  • Marginal note:Carriers

    (3) A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

Marginal note:Prohibited firearms — individuals

  •  (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.

  • Marginal note:Grandfathered individuals — pre-January 1, 1978 automatic firearms

    (2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual

    • (a) on January 1, 1978 possessed one or more automatic firearms;

    • (b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and

    • (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.

  • Marginal note:Grandfathered individuals — pre-August 1, 1992 converted automatic firearms

    (3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual

    • (a) on August 1, 1992 possessed one or more automatic firearms

      • (i) that had been so altered, and

      • (ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;

    • (b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and

    • (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.

  • Marginal note:Grandfathered individuals — Prohibited Weapons Order, No. 12

    (4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

    • (a) before July 27, 1992 possessed one or more firearms that were so declared;

    • (b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

    • (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

  • Marginal note:Grandfathered individuals — Prohibited Weapons Order, No. 13

    (5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

    • (a) before January 1, 1995 possessed one or more firearms that were so declared;

    • (b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

    • (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

  • Marginal note:Grandfathered individuals — pre-December 1, 1998 handguns

    (6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if

    • (a) on December 1, 1998 the particular individual

      • (i) held a registration certificate under the former Act for that kind of handgun, or

      • (ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and

    • (b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

  • Marginal note:Grandfathered handguns — pre-December 1, 1998 handguns

    (6.1) Subsection (6) applies in respect of a handgun

    • (a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and

    • (b) in respect of which

      • (i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,

      • (ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or

      • (iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

  • Marginal note:Next of kin of grandfathered individuals

    (7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

  • Marginal note:Grandfathered individuals — regulations re prohibited firearms

    (8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual

    • (a) on the day on which the provision comes into force possesses one or more of those firearms; and

    • (b) beginning on

      • (i) the day on which that provision comes into force, or

      • (ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued

      was continuously the holder of a registration certificate for one or more of those firearms.

  • Marginal note:Grandfathered individuals — regulations

    (9) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individual

    • (a) possesses one or more firearms of that class on a day that is prescribed with respect to that class;

    • (b) holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; and

    • (c) was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class.

Registration Certificates

Marginal note:Registration certificate

 A registration certificate may only be issued for a prohibited firearm or a restricted firearm.

  • 2012, c. 6, s. 10

Marginal note:Registration certificate

 A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.

Marginal note:Serial number

 A registration certificate may be issued only for a firearm

  • (a) that bears a serial number sufficient to distinguish it from other firearms; or

  • (b) that is described in the prescribed manner.

Marginal note:Exempted firearms

 A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.

Marginal note:Only one person per registration certificate

  •  (1) A registration certificate for a firearm may be issued to only one person.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.

Authorized Transportation of Firearms

Marginal note:Places where prohibited and restricted firearms may be possessed

 Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

  • 1995, c. 39, s. 17
  • 2003, c. 8, s. 15

 [Repealed, 2003, c. 8, s. 15]

Marginal note:Transporting and using prohibited firearms or restricted firearms

  •  (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

    • (a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;

    • (a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or

    • (b) if the individual

      • (i) changes residence,

      • (ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

      • (iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

      • (iv) wishes to transport the firearm to a gun show.

  • Marginal note:Target practice or competition

    (1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

  • Marginal note:Exception for prohibited firearms other than prohibited handguns

    (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b).

  • Marginal note:Automatic authorization to transport — licence renewal

    (2.1) An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport them within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

  • Marginal note:Automatic authorization to transport — transfer

    (2.2) If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where they acquire it to the place where they may possess it under section 17.

  • Marginal note:Automatic authorization to transport — transfer

    (2.3) If a chief firearms officer has authorized the transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) to an individual who holds a licence authorizing the individual to possess a restricted firearm or such a handgun, the individual must be authorized to transport their restricted firearm or handgun within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29, unless the transfer of the restricted firearm or handgun was approved, in accordance with subparagraph 28(b)(ii), for the purpose of having it form part of a gun collection.

  • Marginal note:Non-residents

    (3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.

 
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