3,009
edits
Difference between revisions of "Firearms and the Firearms Act"
From Clicklaw Wikibooks
Firearms and the Firearms Act (view source)
Revision as of 00:09, 14 February 2015
, 00:09, 14 February 2015no edit summary
Nate Russell (talk | contribs) m (Nate Russell moved page Firearms and ''Firearms Act'' (Script 242) to Firearms and Firearms Act (Script 242)) |
Dial-A-Law (talk | contribs) |
||
| Line 1: | Line 1: | ||
{{Dial-A-Law Blurb}} | {{Dial-A-Law Blurb}} | ||
Canada’s main gun control law is the ''Firearms Act''. It applies to everyone who possesses, uses, or acquires guns (called firearms in this script). So it applies to anyone who borrows, buys, or inherits any firearms. The Act is run by the RCMP Firearms Program and is available at http://laws.justice.gc.ca. | Canada’s main gun control law is the ''Firearms Act'' (the “Act”). It applies to everyone who possesses, uses, or acquires guns (called firearms in this script). So it applies to anyone who borrows, buys, or inherits any firearms. The Act is run by the RCMP Firearms Program and is available at http://laws-lois.justice.gc.ca/eng/acts/f-11.6/. | ||
The Act relies on '''licensing''' and '''registration''' (similar to driving laws that require drivers to be licensed and cars to be registered). People must have a valid firearms licence to possess or acquire firearms, or to get ammunition. If they want to renew their licence, they must do so before it expires—for as long as they possess firearms. People must also register all restricted and prohibited firearms. In April 2012, the ''Ending the Long-gun Registry Act'' became law. Under it, non-restricted firearms no longer have to be registered. | The Act relies on '''licensing''' and '''registration''' (similar to driving laws that require drivers to be licensed and cars to be registered). People must have a valid firearms licence to possess or acquire firearms, or to get ammunition. If they want to renew their licence, they must do so before it expires—for as long as they possess firearms. People must also register all restricted and prohibited firearms. In April 2012, the ''Ending the Long-gun Registry Act'' became law. Under it, non-restricted firearms no longer have to be registered. | ||
=Licensing of people with firearms= | ==Licensing of people with firearms== | ||
==What licence do you need?== | ==What licence do you need?== | ||
'''Possession and Acquisition Licence''', or PAL, for short – if you are 18 or older and do not have a firearms licence, this is the only licence you can get. To get a PAL, first you have to pass the Canadian Firearms Safety Course or the Canadian Restricted Firearms Safety Course. Then you have to apply to the RCMP Canadian Firearms Program and pay an application fee. The RCMP may contact the references listed in your application, spouses, ex-spouses, or other people you have lived with and ask them if they have any safety concerns about you owning a firearm. | :'''Possession and Acquisition Licence''', or PAL, for short – if you are 18 or older and do not have a firearms licence, this is the only licence you can get. To get a PAL, first you have to pass the Canadian Firearms Safety Course or the Canadian Restricted Firearms Safety Course. Then you have to apply to the RCMP Canadian Firearms Program and pay an application fee. The RCMP may contact the references listed in your application, spouses, ex-spouses, or other people you have lived with and ask them if they have any safety concerns about you owning a firearm. | ||
'''Possession Only Licence''' or POL, for short – if you have this licence, you may renew it, but only if you do so before it expires and only if you have at least one restricted or prohibited firearm registered in your name or you possess at least one non-restricted firearm. Until May 16, | :'''Possession Only Licence''' or POL, for short – if you have this licence, you may renew it, but only if you do so before it expires and only if you have at least one restricted or prohibited firearm registered in your name or you possess at least one non-restricted firearm. Until May 16, 2015, some people with expired POLs can apply for a new one if they meet certain requirements—the Program website, at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp], has more on this. A Possession-Only Licence lets you use firearms already registered to you. It also lets you borrow firearms of the same class as the ones you own—the next section describes the 3 classes of firearms. But if you want to acquire another firearm, or if you no longer own firearms but want to borrow one, you must upgrade your Possession-Only Licence to a Possession-and-Acquisition Licence. | ||
'''Minor’s Licence'''—people at least 12 years old but under 18 with a Minor’s licence can borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. But people under 18 cannot own or acquire firearms. | :'''Minor’s Licence'''—people at least 12 years old but under 18 with a Minor’s licence can borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. But people under 18 cannot own or acquire firearms. | ||
All businesses and organizations that produce, sell, possess, handle, display or store firearms or ammunition are required to have a valid firearms business licence. For more information, contact the Canadian Firearm Program. | |||
'''What classes of firearms are there?''' | |||
The ''Criminal Code'' lists three classes of firearms: non-restricted, restricted, and prohibited. A licence says what class of firearm you can possess and acquire. | The ''Criminal Code'' lists three classes of firearms: non-restricted, restricted, and prohibited. A licence says what class of firearm you can possess and acquire. | ||
'''Non-restricted firearms''' include ordinary shotguns and rifles, such as those commonly used for hunting. But some military type rifles and shotguns are prohibited – see “Prohibited firearms” below. | :'''Non-restricted firearms''' include ordinary shotguns and rifles, such as those commonly used for hunting. But some military type rifles and shotguns are prohibited – see “Prohibited firearms” below. | ||
'''Restricted firearms''' include certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted. You can only have restricted firearms for a purpose that the ''Firearms Act'' allows, such as gun collecting or target shooting. You must also pass the Canadian Restricted Firearms Safety Course. | :'''Restricted firearms''' include certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted. You can only have restricted firearms for a purpose that the ''Firearms Act'' allows, such as gun collecting or target shooting. You must also pass the Canadian Restricted Firearms Safety Course. | ||
'''Prohibited firearms''' include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited. | :'''Prohibited firearms''' include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited. | ||
==How much does a licence cost and how long does it last?== | ==How much does a licence cost and how long does it last?== | ||
A PAL costs $60 if it is only for non-restricted firearms or $80 for any combination of non-restricted, restricted | A PAL costs $60 if it is only for non-restricted firearms or $80 for any combination of non-restricted, restricted and prohibited firearms. The fee payable by an individual for the issuance or renewal of a POL is $60. Firearms licences are generally valid for 5 years, and must be renewed before they expire. | ||
A Minor’s Licence costs $10 for up to one year; $20 for up to two years, and $30 for more than two years. You have to pay for a PAL if you upgrade from a Minor’s Licence when you turn 18. | A Minor’s Licence costs $10 for up to one year; $20 for up to two years, and $30 for more than two years. You have to pay for a PAL if you upgrade from a Minor’s Licence when you turn 18. | ||
=Registration of firearms= | ==Registration of firearms== | ||
==How do you register firearms?== | ==How do you register firearms?== | ||
| Line 35: | Line 37: | ||
You can register restricted and prohibited firearms in 2 ways: | You can register restricted and prohibited firearms in 2 ways: | ||
#Online, at the Canadian Firearms Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | #Online, at the Canadian Firearms Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | ||
#With a paper application form – call 1.800.731.4000 to get a form or get it from the Program website. | #With a paper application form – call 1.800.731.4000 to get a form or get it from the Program website. | ||
| Line 45: | Line 48: | ||
==Transferring registration to a new owner== | ==Transferring registration to a new owner== | ||
Any time a registered restricted or prohibited firearm is sold or given to someone, it must be deregistered from the first owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner differ from registering a firearm that has never been registered. There are three ways to do a transfer: | Any time a registered restricted or prohibited firearm is sold or given to someone, it must be deregistered from the first owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner differ from registering a firearm that has never been registered. There are three ways to do a transfer: | ||
#Call 1.800.731.4000 to transfer by phone. | #Call 1.800.731.4000 to transfer by phone. | ||
#If either the buyer or the seller is a licensed business, they can do the transfer online. The business will need to start the process on the Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | #If either the buyer or the seller is a licensed business, they can do the transfer online. The business will need to start the process on the Program website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | ||
#Call 1.800.731.4000 to get a paper transfer form or get it from the website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | #Call 1.800.731.4000 to get a paper transfer form or get it from the website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp]. | ||
==Storing and disposing of firearms== | ==Storing and disposing of firearms== | ||
| Line 61: | Line 65: | ||
When you dispose of a registered firearm, you have to tell the Program. You may also have to provide proof that you disposed of it, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice. | When you dispose of a registered firearm, you have to tell the Program. You may also have to provide proof that you disposed of it, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice. | ||
==Firearms-related penalties in the ''Criminal Code''== | ==Firearms-related penalties in the '''''Criminal Code'''''== | ||
If you have a firearm without a license (and registration certificate for restricted or prohibited firearms), you risk penalties up to 14 years in jail. The ''Tackling Violent Crime Act'' broadened the definition of firearms-related crimes and increased penalties for them. | If you have a firearm without a license (and registration certificate for restricted or prohibited firearms), you risk penalties up to 14 years in jail. The ''Tackling Violent Crime Act'' broadened the definition of firearms-related crimes and increased penalties for them. | ||
| Line 68: | Line 72: | ||
==For more information== | ==For more information== | ||
Call the Canadian Firearms Program at 1.800.731.4000 or check its website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp] for detailed information, including fact sheets on several topics. You can get licence and registration application forms from the website or by calling 1.800.731.4000. | Call the Canadian Firearms Program at 1.800.731.4000 or check its website at [http://www.rcmp-grc.gc.ca/cfp www.rcmp-grc.gc.ca/cfp] for detailed information, including fact sheets on several topics. You can get licence and registration application forms from the website or by calling 1.800.731.4000. For more information refer to the ''Criminal Code'' (http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html) and the ''Firearms Act'' (http://laws-lois.justice.gc.ca/eng/acts/F-11.6/) and their corresponding regulations. | ||
==Summary== | ==Summary== | ||
| Line 74: | Line 78: | ||
[updated | [updated January 2015] | ||
