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Laws regarding firearms in Canada From Wikipedia, the free encyclopedia
Firearms in Canada are federally regulated through the Firearms Act, the Criminal Code, and the Canadian Firearms Program, a program operated within the RCMP. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J.[1]
Handgun registration became law in 1934, and automatic firearms registration was added in 1951. In 1969, laws classified firearms as "non-restricted", "restricted", and "prohibited". Starting in 1979, people who wished to acquire firearms were required to obtain a firearms acquisition certificate (FAC) from their local police agency. From 1995 to present, all firearms owners are required to possess a firearms licence—either a possession and acquisition licence (PAL), a possession-only licence (POL), a FAC, or a minor's licence. In April 2012, the Parliament of Canada enacted the Ending the Long-gun Registry Act to eliminate the requirement to register non-restricted firearms that had existed from 2001 - 2012. The requirement for all firearms owners to possess a valid firearms licence remained law.[2]
A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[3] In 2005, almost 3% of households in Canada possessed handguns, compared to 18% of U.S. households that possessed handguns.[4] Also in 2005, almost 16% of households in Canada possessed firearms of some kind.[4] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta, and British Columbia.[5]
On May 1, 2020, in the wake of a mass killing in Nova Scotia, Prime Minister Justin Trudeau announced that the Government of Canada would immediately reclassify as prohibited around 1,500 models of "military-grade assault-style weapons", mostly semi-auto rifles, via an order in council under the authority of the Criminal Code.[6][7] In May 2022, Trudeau announced new legislation that would ban the ownership of "military-style assault weapons" in a mandatory gun buyback program, and impose restrictions banning the sale, purchase, importation or transfer of handguns (that were already restricted).[8] The legislation would also ban toys – such as airsoft guns – that look like guns.[9]
On October 21, 2022, the Government of Canada implemented a freeze on handgun (that were already restricted and registered) transfers and proposed a gun buyback program.[10] As of April 2024, collection of the "unloaded and secured" firearms that were reclassified as prohibited in "government-issued boxes" has not yet started with Canada Post reportedly informing the government of concerns about employee's security.[11]
In Canada, controls on civilian use of firearms date from the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause.[12] Amendments to the Criminal Code between the 1890s and the 1970s introduced a series of controls on firearms, including registration of handguns, and later, registration of fully automatic firearms. In the late 1970s, additional controls were introduced, followed by additional increases in controls in the mid-1990s.
The following is a summary of the history of gun control laws in Canada:[12][13]
Jurisdiction | Possession and acquisition licences | Population, 2019[34] | Licences per 100 people |
---|---|---|---|
Canada | 2,219,344 | 37,811,399 | 5.87 |
Alberta | 326,519 | 4,384,982 | 7.45 |
British Columbia | 310,193 | 5,130,251 | 6.05 |
Manitoba | 93,425 | 1,374,081 | 6.80 |
New Brunswick | 70,958 | 780,631 | 9.09 |
Newfoundland and Labrador | 77,116 | 523,847 | 14.72 |
Northwest Territories | 6,022 | 45,189 | 13.33 |
Nova Scotia | 77,017 | 976,495 | 7.89 |
Nunavut | 3,859 | 38,625 | 9.99 |
Ontario | 628,714 | 14,638,247 | 4.29 |
Prince Edward Island | 6,530 | 158,778 | 4.11 |
Quebec | 497,862 | 8,542,198 | 5.83 |
Saskatchewan | 113,143 | 1,176,427 | 9.62 |
Yukon | 7,986 | 41,648 | 19.17 |
All licensing and registration is managed by the RCMP's Canadian Firearms Program (CFP), under the Deputy Commissioner Policing Support Services (PSS). There are three classes of firearms and firearm licences: non-restricted, restricted, and prohibited. Prohibited firearms are not forbidden outright, as the name might imply, but their legal possession and acquisition are dependent upon their registration history and an individual's firearm licence.[35] As of December 1, 1998, the prohibited clause must be grandfathered to acquire or possess prohibited firearms. See Classification of firearms below for complete details on prohibited, restricted and non-restricted firearms.
Individuals who wish to possess or acquire firearms in Canada must have a valid possession-acquisition, or possession-only, licence (PAL/POL); either of these licences allows the licensee to purchase ammunition. The PAL is distributed exclusively by the RCMP and is generally obtained in the following three steps:
Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed for restricted firearms (RPAL), an individual can request a firearm transfer for the restricted firearm;[41] and an authorization to transport (ATT) for restricted firearms.[42] People may hunt with firearms in Canada only with non-restricted firearms, and this requires an additional "Hunting with Firearms" course.
Magazines designed to contain centre-fire cartridges and designed or manufactured for use in a semiautomatic handgun are limited to 10 cartridges. Magazines designed to contain centre-fire cartridges and designed or manufactured for use in a semiautomatic rifle are limited to 5 cartridges. The capacity is measured by the kind of cartridge the magazine was designed to contain. In some cases the magazine is capable of containing more than 10 rounds of a different calibre; however, that is not relevant in the determination of the maximum permitted capacity.[44]
The maximum permitted capacity of a magazine is determined by the kind of firearm it is designed or manufactured for and not the kind of firearm that might actually use it. As a consequence, the maximum permitted capacity remains the same regardless of which firearm it might be used in. Example: The Marlin Camp carbine chambered for .45 ACP uses magazines designed and manufactured for the M1911 pistol, therefore the seven- and eight-round capacities are permitted. A similar example is the 10-round capacity magazine for the Rock River Arms LAR-15 pistol, regardless of the kind of firearm it is actually used in.[44]
Many common magazines are manufactured to hold more rounds than law allows in Canada. These magazines must be permanently altered so they no longer hold more than the number of rounds (5 for semi-auto rifles, 10 for pistols) allowed by law. Acceptable ways to alter a magazine are set out in the Criminal Code regulations.[43]
By law, a potential customer must be 18 years of age or older to purchase a firearm (non-restricted or restricted) or legally maintain possession of one. Minors 12-17 may procure a minor's licence, which does not allow them to purchase a firearm but allows them to borrow a non-restricted firearm unsupervised and purchase ammunition. Children under the age of 12 that are found to need a non-restricted firearm to hunt or trap may also be awarded the minor's licence. This is generally reserved for children in remote locations, primarily aboriginal communities that engage in subsistence hunting.[45]
As of January 1, 2001, all firearms in Canada were required to be registered with the Canadian Firearms Registry. Unlike restricted-class firearms, in order to legally own a fully automatic firearm in Canada the prohibited-class firearm needs to not only have a current registration but must also have been registered prior to 1978. [46]
The repeal of the long-gun registry had been a long-standing campaign promise of the Conservative Party.[47] In early 2006, the Conservative Party became the largest party in the House of Commons, and the new government announced an amnesty period of one year (later extended by a further year) in which licensed or previously licensed long-gun owners would not be punished for not registering their long guns. The legal requirement to register as set forth by law was not revoked; legislation to revoke the requirement to register long guns was introduced by the government during the 39th Parliament but was not brought to a vote. It was opposed by the Opposition parties who together had a majority of seats in the House of Commons. Similar legislation was again brought forward in the form of private member's Bill C-391 during the 40th Parliament but was narrowly defeated on September 22, 2010.[48] During the 41st Parliament the newly formed Conservative majority government again introduced legislation to repeal the requirement to register non-restricted firearms and to destroy the registry database. Bill C-19, known as the Ending the Long-gun Registry Act, passed both the House and Senate and received royal assent on April 5, 2012.[49] Following the 2012 changes to the law, Canadians were no longer required to register non-restricted firearms. Further, existing public records kept by the Canadian Firearms Registry with regards to owners of non-restricted firearms were purportedly expunged.[50] The requirement for all firearms owners to possess a valid firearms licence remained law.[51]
Though the Ending the Long-gun Registry Act applied across Canada, implementation of the law was temporarily delayed in Quebec, after the provincial government challenged the repeal in the courts. In 2015, the Supreme Court of Canada ruled against Quebec, entirely eliminating non-restricted registry records. However, the government of Quebec received a partial copy of the deleted federal firearms registry, and created a provincial firearms registry.[52] The government of Quebec gave residents until January 29, 2019, to register non-restricted firearms within the province with the Quebec Firearms Registration Service (SIAF).[53]
Following the 2020 Nova Scotia attacks, the minority Liberal government under Justin Trudeau, announced a nationwide ban on "military style weapons" and "assault-style weapons". Neither of these two classifications had existed previously under Canadian law, but the policy effectively moved around 1500 types of firearms from the restricted and non-restricted categories to the prohibited column alongside automatic long-guns.[54] Though a buyback program is being formulated for these types of weapons, it is not currently expected to be mandatory.[55]
The issue of the legality of self-defence with a firearm in Canada has been the subject of controversy. While self-defence is legal, it is very restricted. The Criminal Code recognizes self-defence with a firearm. The Firearms Act, 1995 provides a legal framework wherein an individual may acquire, possess, and carry a restricted or (a specific class of) prohibited firearm for protection from other individuals when police protection is deemed insufficient.[56] This situation is extremely rare: the RCMP authorization-to-carry application refers only to protection of life during employment that involves handling of valuable goods or dangerous wildlife.[57]
While self-defence is rarely considered a legal reason for attaining a PAL, the use of force with a firearm is legal as long as the accused can prove that their life was in danger. Sections 34 and 35 of the Criminal Code provide the legal framework of the use of force against intruders.[58][59]
Like licences, firearms are classified into prohibited, restricted and non-restricted categories, as defined by Part III of the Criminal Code.[60] The correct licence is required to acquire and possess the category of firearm (PAL for non-restricted, RPAL for restricted, Prohib 12.x for prohibited).
A prohibited firearm requires a prohibited-class (grandfathered) possession and acquisition licence to acquire and possess at a minimum. The licences will indicate which categories the individual or business has been grandfathered into. (12.2, 12.3, 12.4, 12.5, 12.6, 12.7)
Requires a restricted possession and acquisition licence (RPAL) to acquire and possess at a minimum. Canada's federal laws severely restrict the ability of civilians to transport restricted or prohibited (grandfathered) firearms in public. Section 17 of the Firearms Act, 1995 makes it an offence to possess prohibited or restricted firearms other than at a dwelling-house or authorized location, but there are two exceptions to this prohibition found in sections 19 and 20 of the act. Section 19 allows for persons to be issued an authorization to transport (ATT), authorizing the transport of a firearm outside the home for certain purposes, such as for its transfer to a new owner, going to and from a range, a training course, repair shop or gun show, or when the owner wishes to change the address where the firearm is stored. Such firearms must be transported unloaded, equipped with a trigger lock and stored in secure, locked containers. In rarer cases, section 20 of the act allows individuals to receive an authorization to carry, or ATC, granting permission to carry loaded restricted firearms or (section 12(6)) prohibited handguns on their persons for certain reasons specified in the act. These reasons are as follows: if the person is a licensed trapper and carries the firearm while trapping, if the person is in a remote wilderness area and needs the firearm for protection against wildlife, if the person's work involves guarding or handling money or other items of substantial value, or if the person's life is in imminent danger and police protection is inadequate to protect the person.[68] The authorities almost never issue an ATC on the basis that a person's life is in imminent danger and police protection is inadequate. As of October 2018, only two permits for protection of life were actively issued in the country.[69] The vast majority of ATCs issued are to employees of armoured car companies to allow carry of a company owned firearm only while working.[70] Restrictions are as follows:
A category that includes several different categories of firearm designed before 1898, although not all firearms built before this cutoff date are eligible for antique classification. Guns considered antiques are not legally considered firearms, and can be purchased and owned without a PAL.[72] The following types of firearm are classified as antiques if they were both designed and manufactured before 1898:
The following guns are considered antiques if they were designed before 1898, regardless of manufacture date, making modern replicas free to possess:
In the years immediately following the introduction of firearms licensing in Canada in 1976, the overall homicide rate did not significantly decline. Increases were seen in the proportion of murders committed by methods other than shooting; but these homicides were less likely to involve multiple victims.[73] From 1977 to 2003, Canada firearm homicide has declined from 1.15 to 0.5 per 100,000, while other mechanisms declined from 1.85 to 1.23 per 100,000.[73][74]
A comprehensive review of firearm control legislation found that studies on the effects of the 1977 bill C-51 and bill C-68 from 1995 on firearm homicide rates came to differing conclusions, but generally found that bill C-17 from 1991 was not associated with an overall reduction of firearm homicide.[75] A 2011 study found no significant associations between gun laws passed and firearm homicide rates in Canada from 1974 to 2008.[76] A 2020 study examining laws passed from 1981-2016 found no significant changes in overall homicide or suicide rates following changes in legislation. In addition, it also found that firearm ownership by province was not correlated to overall suicide rates by province.[77]
As of 2010, shooting and stabbing represented the two most common mechanisms for homicide in Canada, each accounting for approximately one-third of murders.[78]
Overall suicide in Canada peaked in 1978 at 14.5 per 100,000,[79] declining by 22% (11.3 per 100,000) by 2004.[80] Several studies have found that the 1977 bill C-51 was linked to lower suicide and firearm suicide rates in Canada.[75] Several studies examining the effect of bill C-17 (primarily using data from Quebec) found that it was associated with a decline in firearm suicides, but that the rate of overall suicides did not change, largely because of a rise in suicides due to hanging, suggesting a substitution of suicide methods.[75]
Accidental death, of any kind, claimed 27.9 people per 100,000 in 2000. Of these, firearms accidents accounted for 0.3% (0.1 per 100,000), ranking below the 37% for transportation (10.2 per 100,000), 28% for unspecified (7.7 per 100,000), 18% for falls (5.1 per 100,000), and 11% for poisoning (3.1 per 100,000).[81] Two studies by Leenaars and Lester using national data from 1969 to 1985 find that bill C-51 was associated with a reduced accidental death rate from firearms.[75]
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