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Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations (SOR/98-210)

Regulations are current to 2019-11-19 and last amended on 2012-11-30. Previous Versions

Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations

SOR/98-210

FIREARMS ACT

Registration 1998-03-24

Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations

P.C. 1998-485 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had the proposed Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 117(h), (i) and (o) of the Firearms Acta, hereby makes the annexed Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Firearms Act. (Loi)

non-restricted firearm

non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

owner

owner, in respect of a business, includes a partner in the business. (propriétaire)

post

post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (poster)

premises

premises means the premises used in the course of carrying on a business. (locaux)

prohibited handgun

prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

secure locking device

secure locking device means a device

  • (a) that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination; and

  • (b) that, when applied to a firearm, prevents the firearm from being discharged. (dispositif de verrouillage sécuritaire)

transmit by post

transmit by post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (transmission postale)

unattended

unattended, in respect of a vehicle, means that the vehicle is not under the direct and immediate supervision of a person who is 18 years of age or older or to whom a licence has been issued under the Act. (non surveillé)

unloaded

unloaded, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm. (non chargée)

vehicle

vehicle means any conveyance that is used for transportation by water, land or air. (véhicule)

  • SOR/2004-278, s. 1

Application

 These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

  • SOR/2004-278, s. 2

 [Repealed, SOR/2012-262, s. 2]

 These Regulations do not apply to the storage of replica firearms that are being stored in accordance with the Special Authority to Possess Regulations (Firearms Act).

Storage of Non-Restricted Firearms, Restricted Firearms and Prohibited Handguns

  •  (1) A business may store a non-restricted firearm, a restricted firearm or a prohibited handgun only if

    • (a) it is unloaded;

    • (b) it is stored

      • (i) in a securely locked cabinet, vault or safe,

      • (ii) in a securely locked location, or

      • (iii) in a location that is readily accessible only to the owner or an employee of the business; and

    • (c) it is stored on premises where

      • (i) there is an electronic burglar alarm system, and

      • (ii) every window that can be opened, and every exterior door, can be securely locked.

  • (2) Despite paragraphs (1)(b) and (c), a business may store a non-restricted firearm, a restricted firearm or a prohibited handgun if it is stored in a location the security of which is equal or superior to the places, locations and premises described in subparagraphs (1)(b)(i) to (iii) and paragraph (1)(c) and that is approved in writing by the chief firearms officer who issued a licence to the business.

Storage of Prohibited Firearms, other than Prohibited Handguns, and their Components and Parts

  •  (1) A business may store a prohibited firearm, other than a prohibited handgun, or a component or part of a prohibited firearm only if

    • (a) in the case of a prohibited firearm, it is unloaded;

    • (b) it is stored

      • (i) in a securely locked cabinet, vault or safe,

      • (ii) in a securely locked location, or

      • (iii) in a location that is readily accessible only to the owner or an employee of the business; and

    • (c) it is stored on premises where

      • (i) there is an electronic burglar alarm system, and

      • (ii) every window that can be opened, and every exterior door, can be securely locked.

  • (2) Despite paragraphs (1)(b) and (c), a business may store a prohibited firearm, other than a prohibited handgun, or a component or part of a prohibited firearm if it is stored in a location the security of which is equal or superior to the places, locations and premises described in subparagraphs (1)(b)(i) to (iii) and paragraph (1)(c) and that is approved in writing by the chief firearms officer who issued a licence to the business.

Possession of Firearms for the Purpose of Storage

 If firearms are kept for the purpose of storage in the ordinary course of a business, the business shall store those firearms

  • (a) apart from other weapons that are kept for the purpose of being offered for sale or for carrying out maintenance or repairs in the ordinary course of the business; and

  • (b) in a place where they are not visible from any part of the premises to which persons not employed in the business have access.

Storage of Restricted Weapons and Prohibited Weapons, Devices and Ammunition and their Components and Parts

 A business may store a restricted weapon, a prohibited weapon, a prohibited device or prohibited ammunition, or a component or part thereof, only if

  • (a) it is stored

    • (i) in a vault, safe or room that has been specifically constructed or modified for its secure storage and that is kept securely locked, and

    • (ii) on premises where there is an electronic burglar alarm system and every window that can be opened, and every exterior door, can be securely locked; or

  • (b) it is stored under security measures that are equal or superior to those set out in paragraph (a) and that are approved in writing by the chief firearms officer who issued a licence to the business.

Display of Non-Restricted Firearms

  •  (1) A business, other than a museum, may display a non-restricted firearm only if it is unloaded and

    • (a) secured by a chain or metal cable that is passed through the trigger guard, with one end of the chain or cable attached to a wall or permanent fixture on the premises and the other end attached by a lock to the wall or permanent fixture, in such a manner as to prevent the removal of the firearm by a person other than the owner or an employee of the business;

    • (b) secured by a metal bar, with one end of the bar attached to a wall or permanent fixture on the premises and the other end attached by a lock to the wall or permanent fixture, in such a manner as to prevent the removal of the firearm by a person other than the owner or an employee of the business;

    • (c) rendered inoperable by means of a secure locking device and displayed in a locked display case or cabinet;

    • (d) rendered inoperable by means of a secure locking device and displayed at a location on the premises that is readily accessible only to the owner or an employee of the business; or

    • (e) secured by a method that is equal or superior to the method described in paragraph (a) or (b), or rendered inoperable by means of a secure locking device and displayed in a place or location the security of which is equal or superior to the security of the place described in paragraph (c) or the location described in paragraph (d), and the method, or the place or location, are approved in writing by the chief firearms officer who issued a licence to the business.

  • (2) A museum may display a non-restricted firearm only if it

    • (a) is unloaded; and

    • (b) is displayed under security measures that are equal or superior to those set out in subsection (1) and that are approved in writing by the chief firearms officer of the province in which the museum carries on business.

  • (3) Paragraphs (1)(a) to (e) and (2)(b) do not apply if the non-restricted firearm is detached from the structure so that the firearm may be handled by a person under the direct and immediate supervision of an employee or owner of the business.

 
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