An Act to amend the Criminal Code and the Firearms Act (S.C. 2012, c. 6)

Assented to 2012-04-05

An Act to amend the Criminal Code and the Firearms Act

S.C. 2012, c. 6

Assented to 2012-04-05

An Act to amend the Criminal Code and the Firearms Act

SUMMARY

This enactment amends the Criminal Code and the Firearms Act to remove the requirement to register firearms that are neither prohibited nor restricted. It also provides for the destruction of existing records, held in the Canadian Firearms Registry and under the control of chief firearms officers, that relate to the registration of such firearms.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Ending the Long-gun Registry Act.

R.S., c. C-46CRIMINAL CODE

Marginal note:2008, c. 6, s. 4
  •  (1) Subsection 91(1) of the Criminal Code is replaced by the following:

    Marginal note:Unauthorized possession of firearm
    • 91. (1) Subject to subsection (4), every person commits an offence who possesses a firearm without being the holder of

      • (a) a licence under which the person may possess it; and

      • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraph 91(4)(b)(ii) of the Act is replaced by the following:

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (3) Subsection 91(5) of the Act is repealed.

Marginal note:2008, c. 6, s. 5
  •  (1) Subsection 92(1) of the Act is replaced by the following:

    Marginal note:Possession of firearm knowing its possession is unauthorized
    • 92. (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not the holder of

      • (a) a licence under which the person may possess it; and

      • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraph 92(4)(b)(ii) of the Act is replaced by the following:

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:1995, c. 39, s. 139

    (3) Subsections 92(5) and (6) of the Act are repealed.

Marginal note:2008, c. 6, s. 7
  •  (1) The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Unauthorized possession in motor vehicle
    • 94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

  • Marginal note:1995, c. 39, s. 139

    (2) Subparagraphs 94(1)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) the person or any other occupant of the motor vehicle is the holder of

      • (A) a licence under which the person or other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

      • (A) a licence under which that other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or

  • Marginal note:1995, c. 39, s. 139

    (3) Subsection 94(5) of the Act is repealed.

Marginal note:2008, c. 6, s. 8(1)

 The portion of subsection 95(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession of prohibited or restricted firearm with ammunition
  • 95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

Marginal note:1995, c. 39, s. 139

 Paragraphs 106(1)(a) and (b) of the Act are replaced by the following:

  • (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

  • (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

Marginal note:1995, c. 39, s. 139

 Subsection 108(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

Marginal note:1995, c. 39, s. 139

 Subsections 117.03(1) and (2) of the Act are replaced by the following:

Marginal note:Seizure on failure to produce authorization
  • 117.03 (1) Despite section 117.02, a peace officer who finds

    • (a) a person in possession of a firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or

    • (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

    may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

  • Marginal note:Return of seized thing on production of authorization

    (2) If a person from whom any thing is seized under subsection (1) claims the thing within 14 days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

    • (a) a licence under which the person is lawfully entitled to possess it, and

    • (b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,

    the thing shall without delay be returned to that person.

1995, c. 39FIREARMS ACT

 Subparagraph 4(a)(i) of the Firearms Act is replaced by the following:

  • (i) licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

 The Act is amended by adding the following before section 13:

Marginal note:Registration certificate

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

Marginal note:2003, c. 8, s. 17

 Section 23 of the Act is replaced by the following:

Marginal note:Authorization to transfer firearms neither prohibited nor restricted

23. A person may transfer a firearm that is neither a prohibited firearm nor 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; and

  • (b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.

Marginal note:Voluntary request to Registrar
  • 23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.

  • Marginal note:No record of request

    (2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

Marginal note:Authorization to transfer prohibited or restricted firearms
  • 23.2 (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.

 
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