Are You Required To Register A Gun In Canada

Topic:
GUN Control; INTERNATIONAL AFFAIRS; WEAPONS;
Location:
WEAPONS - GUN CONTROL;
Scope:
Other States laws/regulations;

OLR Research Report

The Connecticut Full general Assembly

Office OF LEGISLATIVE RESEARCH

September 29, 1994 94-R-0838

TO:

FROM: Veronica Rose, Research Associate

RE: Gun Control Legislation in Canada

Yous asked for a description of Canada'due south gun control laws.

SUMMARY

Firearms are federally regulated in Canada. The federal 1977 Criminal Law Amendment Act, as amended, prohibits automated weapons and sawed-off shotguns and rifles. It is illegal for anyone, except (for the nearly part) the police and the armed forces, to possess them.

The police restricts handguns by requiring a registration certificate to possess them and a permit, issued nether limited and temporary circumstances only, to carry them. The only people who tin can obtain a certificate are: (i) police and other security personnel, (2) members of bona fide gun clubs, (3) bona fide gun collectors, and (iv) people who demonstrate a demand for handguns for cocky-protection. Equally a prerequisite for registration, a prospective handgun owner must obtain a firearms conquering certificate. The law, with minor exceptions, restricts the magazine chapters of handguns to 10 rounds.

Hunting rifles and shotguns are neither restricted nor prohibited, simply it is illegal to possess them without a firearms acquisitions certificate. People who have committed certain serious crimes are not eligible for an acquisition certificate to possess any firearm. Also ineligible is anyone with a record of violence or treatment for mental disorder associated with violence in the five years before applying for a certificate. At that place is a 28-day waiting period for a document, and information technology costs $50. The law, with minor exceptions, restricts the mag capacity of hunting rifles and shotguns to v rounds.

The law requires the court, in near cases, to prohibit people who are convicted of serious crimes from possessing firearms for 10 years to life, depending on the crime and whether it is a first offense. And the court may, for rubber reasons, prohibit people who accept not committed any crimes from possessing firearms.

The law grants police officers considerable powers of search and seizure where prohibited and restricted firearms are concerned. Among other things, they may make warrantless searches of any premises (other than a dwelling house) and vehicles and seize undocumented weapons if they have reasonable grounds to believe a criminal offense involving such weapons is taking or has taken place. The police also allows firearm officers to enter gun owners homes to inspect collections for secure storage.

Illegal possession or transfer of a prohibited weapon carries a prison term of up to ten years. Illegal possession or transfer of a restricted firearm carries a prison term of upwardly to five years. Possessing a firearm in violation of a court order carries a term of upwardly to 10 years.

The minimum age at which someone tin can have whatever firearm transferred to him is 18. Violation carries a prison term of up to two years.

THE CANADIAN CONSTITUTION

Different the U.Due south. Constitution, the Canadian Constitution does not contain whatever protection for gun owners.

CRIMINAL LAW Amendment Deed

Unlike the The states, where firearms are primarily regulated past the state, in Canada firearms are federally regulated.

The electric current Canadian gun-command law was enacted equally the Criminal Police force Amendment Human activity, 1977. The law designates some weapons, including automatic weapons, sawed-off shotguns and rifles, and switch bract knives, as "prohibited weapons." It designates some firearms, such as handguns and semi-automatic weapons with curt barrels (less than 18 1/2 inches), equally "restricted weapons" (Criminal Code R.Due south.C., Ch. C-46, � 84(i) (1985) (Can.), as amd. by Ch. twoscore, 1991 S.C. 564).

It is illegal, with few exceptions, to possess or transfer prohibited weapons.

ane. The war machine and police, customs and clearing officers, and public service employees may possess prohibited weapons for employment purposes. People who import, industry, repair, modify, or sell weapons "for or on behalf of" the military or police may possess such weapons in the course of business with them.

2. Authorized persons may posses and import and export certain prohibited weapons, including automatic firearms, for industrial purposes (east.g. developing and testing firearms and ammunition).

3. Authorized persons may import and sell prohibited weapons to approved museums, which may exhibit them.

iv. Authorized persons may possess large capacity magazines for utilize in shooting competitions and authorized persons may (1) make or procure such magazines for such competitors and (2) make them for export (Criminal Code R.S.C. Ch. C-46, �� ninety to 98 (1985) (Can.), as amd. by Ch. twoscore 1991 South.C. 567 to 574).

Anyone may possess a restricted firearm provided he obtains a "registration document." A "firearms acquisition certificate" is a prerequisite for the registration certificate.

Sure firearms, such as hunting rifles and shotguns, are not prohibited nor restricted. Just i must obtain a firearms acquisition certificate to possess them.

The constabulary, with minor exceptions, limits the magazine capacity of firearms to v rounds for hunting rifles and shotguns and ten rounds for handguns.

FIREARMS Acquisition CERTIFICATES

Anyone who wishes to acquire whatever firearm must obtain a firearms acquisition document from a provincial firearms officer and produce information technology at the time of a firearm transaction. Both the transferor and transferee are bailiwick to a prison term of up to two years for any transfer without a certificate (Criminal Code R.S.C., Ch. C-46, � 97(1) and (iii)) (1985) (Tin can.)).

An applicant for a certificate must be at to the lowest degree age 18. He must provide 2 references, a current photograph, and evidence that he has either successfully completed an approved course in handgun safety and use or been certified as competent to utilise firearms by a firearms officeholder. At that place is a 28-day waiting menstruum for a document. It costs $50 and is valid for five years throughout Canada (Criminal Code R.S.C., Ch. C-46, � 106 (1985) (Tin can.), every bit amd. past Ch. xl, 1991 S.C. 585 to 587).

The law explicitly prohibits an issuing authority from issuing certificates to anyone: who (one) is subject field to a probation order prohibiting him from possessing firearms because of conviction for certain serious crimes; (ii) is subject area to a courtroom order prohibiting firearm possession for safety reasons; or (3) within the five years preceding an application, was convicted of a crime involving violence or firearms, had a history of tearing behavior, or received treatment for mental disorder associated with violence. The police gives firearms officers the boosted discretion to deny certificates if they have any data indicating that it would not be desirable for safety reasons for the applicant to possess firearms. If they practise not have any such data, they must upshot the certificate to anyone who qualifies (Criminal Lawmaking R.S.C., Ch. C-46, � 106 (1985) (Tin.), as amd. past Ch. forty, 1991 S.C. 587 et seq.).

Operators of museums and businesses must ensure that employees who have to handle firearms hold conquering certificates. The attorney general may exempt employees from this requirement (Criminal Code R.S.C., Ch. C-46, � 104 (1985) (Can.), every bit amd. by Ch. 28, 1991 S.C. 428 and Ch. 40, 1991 S.C. 584).

It is a violation, punishable by a prison term of up to two years, to tamper with a certificate or provide false information to obtain one (Criminal Lawmaking R.South.C., Ch. C-46, � 113(one) (1985) (Tin.)).

REGISTRATION CERTIFICATES

Anyone with a restricted firearm must register it with the commissioner of the Royal Canadian Mounted Police. The registration certificate allows the holder to possess the firearm only at the identify specified in the certificate, which may exist his home or place of business (Criminal Code R.S.C., Ch. C-46 (1985) � 109(viii)). If the owner wishes to possess the firearm elsewhere, he must obtain a allow (discussed below).

An applicant for a certificate must be at least age 18 and hold a valid firearms acquisition certificate. He must desire the firearm (ane) to protect life, (2) for use in his lawful occupation, (iii) for target do under the auspices of an canonical shooting club or pursuant to specified weather condition, or (4) for function of a gun collection (Criminal Code R.Southward.C., Ch. C-46, � 106 (1985) (Can.), as amd. by Ch. 40, 1991 South.C. 592).

With pocket-sized exceptions, possessing a restricted firearm without a valid registration certificate is punishable by a prison house term of upward to 5 years. Transferring a restricted firearm to anyone who does non have a permit authorizing possession is punishable past the same five-yr term (Criminal Code R.Southward.C., Ch. C-46, �� 91(i) and 96 (1985) (Can.)), as amd. past Ch. 40, 1991 S.C. 569 and 570).

PERMITS TO Conduct

A permit allows a permittee to carry restricted firearms. The permit is issued for a specified and temporary purpose. Carrying of restricted firearms, except for such temporary purposes with a permit, is illegal. The post-obit are among the specified temporary purposes for which a restricted firearms permit may be issued:

1. to accept the firearm for registration,

2. to transfer a registered firearm to a new residence,

3. to let a registered owner to temporarily loan his firearm,

four. to allow nonresidents to participate in shooting competitions, and

5. to possess a registered firearm away from the location specified in the registration certificate (An bidder for the last mentioned allow must satisfy the same criteria for registering the firearm.)

All the above permits are complimentary. (Criminal Code R.South.C., Ch. C-46, � 110 (1985) (Tin can.), every bit amd. by Ch. twoscore, 1991 S.C. 593 to 596).

Business Permits

Restricted firearm manufacturers, dealers, and importers and people engaged in transporting firearms or ammunition must obtain a business organization permit. Permits are valid for one year. Permit fees range from $25 for buying and selling armament at retail to $850 for manufacturing restricted weapons (see schedule attached). Permittees must keep a tape of their stock; report any loss or theft; and take due care in handling, storing, and transporting arms and ammunition.

AGE AND FIREARM POSSESSION

The minimum age for possessing whatsoever firearm is eighteen. But a small under historic period 18 may possess a firearm if he is being supervised past an adult with a valid certificate or permit (Criminal Code R.Due south.C., Ch. C-46, � 102 (1985) (Can.), as amd. by Ch. 40, 1991 Due south.C. 579).

Also, a firearms officer may issue a permit to possess hunting rifles or shotguns to a small-scale (1) nether historic period 18 who hunts or traps to sustain himself or his family and (ii) age 12 to xviii if the firearm is for target practice, hunting, or firearms instructions. Any such permit must carry the consent of the small's parent or guardian. The latter permit must comport the weather condition of supervision besides (Criminal Code R.Due south.C., Ch. C-46, � 110(half-dozen) and (seven)(1985) (Can.), as amd. by Ch. xl, 1991 S.C. 595).

Illegally transferring a firearm to a small under age 18 carries a prison term of up to two years (Criminal Code R.S.C., Ch. C-46, � 93(1) 1985 (Tin can.), equally amd. by Ch. 40, 1991 S.C. 572).

COURT ORDERED FIREARM POSSESSION BAN

Mandatory Orders

The law requires the court to prohibit people from possessing firearms if they accept been convicted of violent crimes that carry a prison term of 10 or more than years, unless the court finds that the ban is either not desirable for protecting the offender or other persons or is inappropriate under the circumstances.

The specified circumstances are: (1) the offender's criminal record and the nature of the crime and the circumstances surrounding it, (2) whether the offender needs a firearm to back up himself and his family, and (three) whether the order would constitute a virtual prohibition against employment.

The ban for a first criminal offense is x years. It is permanent for any subsequent offense (Criminal Code R.S.C., Ch. C-46, � 100(i) (1985) (Tin can.), as amd. by Ch. twoscore, 1991 S.C. 575 and 576).

Discretionary Orders

Firearm Crimes . The law gives the court discretion to prohibit people from possessing firearms if they take been convicted of (1) any crime involving the use, storage, conveying, possessing, handling, and storing of firearms or armament; (2) any vehement offence against a person; or (iii) certain drug related offenses.

The court must impose the ban, for upwardly to ten years, if it decides that it is not desirable in the "interests of the safety of the offender or of any other person" for the offender to possess firearms (Criminal Code R.S.C., Ch. C-46, � 100(two) (1985) (Tin.), as amd. past Ch. 40, 1991 S.C. 576).

Safe Concerns . The courtroom may besides prohibit people who are not charged with any crimes from possessing firearms. The constabulary allows peace officers, firearms officers, and provincial attorney generals to apply for an order banning possession if, in their discretion, information technology is not desirable in the interests of safety for an individual to possess a firearm.

The court must hold a hearing and provide an aggrieved political party with an opportunity to testify. If information technology upholds the application, it may impose a ban for up to five years (Criminal Lawmaking R.Southward.C., Ch. C-46, � 100(iv) to (6) (1985) (Can.), and Criminal Code R.Southward.C., Ch. C-46, � 103(iv) (1985) (Tin can.), as amd. by Ch. 40, 1991 Due south.C. 579).

Violations . Whatsoever order fabricated with respect to anyone who already possesses a firearm must give a reasonable time within the person must surrender or dispose of his weapon. Information technology is otherwise illegal to possess firearms while an order is in effect. Violation carries upward to ten years imprisonment (Criminal Code R.Southward.C., Ch. C-46, � 100(12) and (13) (1985) (Can.), as amd. by Ch. forty, 1991 S.C. 577 and 578).

SEARCH AND SEIZURE PROVISIONS

The constabulary grants police force officers considerable powers of search and seizure where prohibited or restricted weapons are involved. For case, the police force can search a person, vehicle, or bounds (other than a abode) without a warrant if they accept reasonable grounds to believe that an offence relating to prohibited or restricted weapons has been or is being committed (Criminal Code R.S.C., Ch. C-46, � 101(one) (1985) (Can.), as amd. by Ch. 40, 1991 S.C. 578).

The police force may besides seize prohibited weapons, restricted weapons from anyone who cannot produce a certificate, and firearms from a minor under age 18 who does not take a permit or is not being supervised (Criminal Code R.Southward.C., Ch. C-46, � 102(1) (1985) (Tin.), as amd. by Ch. forty, 1991 S.C. 578 and 579).

Even where possession is lawful, the law allows a guess to event a search and seizure warrant, upon an attorney general'southward application, where continued possession of a firearm is deemed undesirable for prophylactic reasons. The law outlines a hearing and appeals process for aggrieved parties (Criminal Code R.S.C., Ch. C-46, � 103 (1985) (Can.), as amd. by Ch. 40, 1991 Southward.C. 579 et. seq.).

APPEALS

Firearms officers accept the discretion to deny or revoke firearm acquisition certificates and permits. They may decline to issue the documents if they have "detect of any affair that may render it desirable in the interests of the condom of the applicant therefor or any other person that such a permit should not be issued to the applicant." (It appears, but is not clear, that the documents are revocable on the aforementioned grounds.) The commissioner has the same discretion with respect to registration certificates.

Aggrieved parties may appeal issuing authorities' decisions to whatever provincial court. People aggrieved by the court's determination may entreatment to the appellate court. The constabulary details the appeals procedures. (Criminal Lawmaking R.Southward.C., Ch. C-46, � 112 (1985) (Tin can.), every bit amd. by Ch. 40, 1991 S.C. 597 et. seq.).

FIREARM STORAGE AND Handling

The law prohibits people from treatment firearms "in a way that shows wanton or reckless disregard for the lives or safe of other persons." A violation carries a penalization of upward to five years (Criminal Lawmaking R.S.C., Ch. C-46, � 86 (1985) (Can.), as amd. by Ch. xl, 1991 S.C. 567).

The law requires that firearms exist securely stored. According to the regulations, this involves locking not-restricted firearms (due east.1000. with a trigger lock) or removing an essential part. Restricted weapons must be kept in a secure container and protected by a locking device. The locking device is not required if the firearm is kept in a vault or secure room that is congenital or modified to store firearms.

By regulation, the basic standard for transporting firearms is for them to exist unloaded. If the firearm is being transported in a vehicle, it must be kept out of sight and the vehicle locked unless an adult is in it. A restricted weapon must be kept out of sight, unloaded, and in a locked case.

SAVING PROVISIONS

The constabulary contains a number of "saving provisions." These are applicable to item circumstances where it was conspicuously not intended that criminal liability should attach. For example, it exempts from prosecution persons who come into possession of a prohibited weapon by operation of constabulary (eastward.g. a judicial sale), with the proviso that the person lawfully dispose of the prohibited object ". . .with reasonable despatch."

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