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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2022-07-25 and last amended on 2022-05-18. Previous Versions

Authorized Transportation of Firearms (continued)

Marginal note:Carrying restricted firearms and pre-February 14, 1995 handguns

 An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun

  • (a) to protect the life of that individual or of other individuals; or

  • (b) for use in connection with his or her lawful profession or occupation.

  • 1995, c. 39, s. 20
  • 2003, c. 8, s. 56

Authorized Transfers and Lending

General Provisions

Marginal note:Definition of transfer

 For the purposes of sections 22 to 32, transfer means sell, barter or give.

Marginal note:Mental disorder, etc.

 A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual

  • (a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or

  • (b) is impaired by alcohol or a drug.

Authorized Transfers

Marginal note:Authorization to transfer non-restricted firearms

  •  (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,

    • (a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;

    • (b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and

    • (c) the reference number is still valid.

  • Marginal note:Information — transferee’s licence

    (2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

  • Marginal note:Reference number

    (3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

  • Marginal note:Period of validity

    (4) A reference number is valid for the prescribed period.

  • Marginal note:Registrar not satisfied

    (5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.

  • 1995, c. 39, s. 23
  • 2003, c. 8, s. 17
  • 2012, c. 6, s. 11
  • 2015, c. 27, s. 7
  • 2019, c. 9, s. 5

 [Repealed, 2019, c. 9, s. 5]

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)

Marginal note:Gun collectors

 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

  •  (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
 
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