本文发表在 rolia.net 枫下论坛Firearms Act
1995, c. 39
An Act respecting firearms and other weapons
[Assented to 5th December, 1995]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Firearms Act.
INTERPRETATION
Definitions
2. (1) In this Act,
"authorization to carry" ? autorisation de port ?
"authorization to carry" means an authorization described in section 20;
"authorization to export" ? autorisation d'exportation ?
"authorization to export" means an authorization referred to in section 44;
"authorization to import" ? autorisation d'importation ?
"authorization to import" means an authorization referred to in section 46;
"authorization to transport" ? autorisation de transport ?
"authorization to transport" means an authorization described in section 18 or 19;
"business" ? entreprise ?
"business" means a person who carries on a business that includes
(a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,
(b) the possession, purchase or sale of ammunition, or
(c) the purchase of cross-bows
and includes a museum;
"carrier" ? transporteur ?
"carrier" means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition;
"chief firearms officer" ? contr?leur des armes à feu ?
"chief firearms officer" means
(a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province,
(b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or
(c) in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister;
"commencement day" ? date de référence ?
"commencement day", in respect of a provision of this Act or the expression "former Act" in a provision of this Act, means the day on which the provision comes into force;
"Commissioner" ? commissaire ?
"Commissioner" means the Commissioner of Firearms appointed under section 81.1;
"common-law partner" ? conjoint de fait ?
"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
"customs office" ? bureau de douane ?
"customs office" has the meaning assigned by subsection 2(1) of the Customs Act;
"customs officer" ? agent des douanes ?
"customs officer" has the meaning assigned to the word "officer" by subsection 2(1) of the Customs Act;
"federal Minister" ? ministre fédéral ?
"federal Minister" means the Minister of Justice;
"firearms officer" ? préposé aux armes à feu ?
"firearms officer" means
(a) in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province,
(b) in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or
(c) in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister;
"former Act" ? loi antérieure ?
"former Act" means Part III of the Criminal Code, as it read from time to time before the commencement day;
"museum" ? musée ?
"museum" means a person who operates a museum
(a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or
(b) in which ammunition is possessed or bought;
"non-resident" ? non-résident ?
"non-resident" means an individual who ordinarily resides outside Canada;
"prescribed" ? réglementaire ?
"prescribed" means
(a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and
(b) in any other case, prescribed by the regulations;
"provincial minister" ? ministre provincial ?
"provincial minister" means
(a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister,
(b) in respect of a territory, the federal Minister, or
(c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister;
"regulations" ? règlements ?
"regulations" means regulations made by the Governor in Council under section 117.
To be interpreted with Criminal Code
(2) For greater certainty, unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.
Aboriginal and treaty rights
(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
1995, c. 39, s. 2; 2000, c. 12, s. 116; 2001, c. 4, s. 85; 2003, c. 8, s. 9.
HER MAJESTY
Binding on Her Majesty
3. (1) This Act is binding on Her Majesty in right of Canada or a province.
Canadian Forces
(2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.
PURPOSE
Purpose
4. The purpose of this Act is
(a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of
(i) licences, registration certificates and authorizations 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,
(ii) licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and
(iii) licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code;
(b) to authorize,
(i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and
(ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,
firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and
(c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.
AUTHORIZED POSSESSION
Eligibility to Hold Licences
General Rules
Public safety
5. (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.
Criteria
(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,
(a) has been convicted or discharged under section 730 of the Criminal Code of
(i) an offence in the commission of which violence against another person was used, threatened or attempted,
(ii) an offence under this Act or Part III of the Criminal Code,
(iii) an offence under section 264 of the Criminal Code (criminal harassment), or
(iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;
(b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or
(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
Exception
(3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).
1995, c. 39, ss. 5, 137; 1996, c. 19, s. 76.1; 2003, c. 8, s. 10.
Court orders
6. (1) A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition.
Exception
(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).
Successful completion of safety course
7. (1) An individual is eligible to hold a licence only if the individual
(a) successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
(b) except in the case of an individual who is less than eighteen years old, passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
(c) successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or
(d) passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act.
Restricted firearms safety course
(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual
(a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or
(b) passes a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.
After expiration of prohibition order
(3) An individual against whom a prohibition order was made
(a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,
(i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and
(ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and
(b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,
(i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and
(ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.
Exceptions
(4) Subsections (1) and (2) do not apply to an individual who
(a) in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms;
(b) is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family;
(c) on the commencement day, possessed one or more firearms and does not require a licence to acquire other firearms;
(d) requires a licence merely to acquire cross-bows; or
(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms.
Further exception
(5) Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.
1995, c. 39, s. 7; 2003, c. 8, s. 11.
Special Cases -- Persons
Minors
8. (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.
Minors hunting as a way of life
(2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.
Hunting, etc.
(3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.
No prohibited or restricted firearms
(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.
Consent of parent or guardian
(5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.
Businesses
9. (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms.
Safety courses
(2) A business other than a carrier is eligible to hold a licence only if
(a) a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or
(b) the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section.
Employees -- firearms
(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms.
Employees -- prohibited firearms or restricted firearms
(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.
Employees -- prohibited weapons, restricted weapons, etc.
(3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.
Exception
(4) In subsection (3), "firearm" does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon
(a) from which any shot, bullet or other projectile can be discharged; and
(b) that is capable of causing serious bodily injury or death to a person.
Exception
(5) Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person's ineligibility.
Exception for museums
(6) Subsection (3) does not apply in respect of an employee of a museum
(a) who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or
(b) who is designated, by name, by a provincial minister.
1995, c. 39, s. 9; 2003, c. 8, s. 12.
International and interprovincial carriers
10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.
Special Cases -- Prohibited Firearms, Weapons, Devices and Ammunition
Prohibited firearms, weapons, devices and ammunition -- businesses
11. (1) A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section.
Prescribed purposes
(2) A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.
Carriers
(3) A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.
Prohibited firearms -- individuals
12. (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.
Grandfathered individuals -- pre-January 1, 1978 automatic firearms
(2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on January 1, 1978 possessed one or more automatic firearms;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.
Grandfathered individuals -- pre-August 1, 1992 converted automatic firearms
(3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on August 1, 1992 possessed one or more automatic firearms
(i) that had been so altered, and
(ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.
Grandfathered individuals -- Prohibited Weapons Order, No. 12
(4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual
(a) before July 27, 1992 possessed one or more firearms that were so declared;
(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.
Grandfathered individuals -- Prohibited Weapons Order, No. 13
(5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual
(a) before January 1, 1995 possessed one or more firearms that were so declared;
(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.
Grandfathered individuals -- pre-February 14, 1995 handguns
(6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual
(a) on February 14, 1995
(i) held a registration certificate under the former Act for one or more of those handguns, or
(ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns;
(b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns.
Next of kin of grandfathered individuals -- pre-February 14, 1995 handguns
(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this or that subsection to hold a licence authorizing the individual to possess the particular handgun.
Grandfathered individuals -- regulations re prohibited firearms
(8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual
(a) on the day on which the provision comes into force possesses one or more of those firearms; and
(b) beginning on
(i) the day on which that provision comes into force, or
(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued
was continuously the holder of a registration certificate for one or more of those firearms.
1995, c. 39, s. 12; 2000, c. 12, s. 117.
Registration Certificates
Registration certificate
13. A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.
Serial number
14. A registration certificate may be issued only for a firearm
(a) that bears a serial number sufficient to distinguish it from other firearms; or
(b) that is described in the prescribed manner.
Exempted firearms
15. A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.
Only one person per registration certificate
16. (1) A registration certificate for a firearm may be issued to only one person.
Exception
(2) Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.
AUTHORIZED TRANSPORTATION OF FIREARMS
Places where prohibited and restricted firearms may be possessed
17. Subject to sections 18 to 20, a prohibited firearm or restricted firearm the holder of the registration certificate for which is an individual may be possessed only at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a chief firearms officer.
Transporting and using prohibited firearms
18. An individual who holds a licence authorizing the individual to possess prohibited firearms may be authorized to transport a particular prohibited firearm between two or more specified places
(a) in the case of a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or
(b) if the individual
(i) changes residence,
(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
(iv) wishes to transport the firearm to a gun show.
Transporting and using restricted firearms
19. (1) An individual who holds a licence authorizing the individual to possess restricted firearms may be authorized to transport a particular restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or
(b) if the individual
(i) changes residence,
(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
(iv) wishes to transport the firearm to a gun show.
Non-residents
(2) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with section 35.
Carrying restricted firearms and pre-February 14, 1995 handguns
20. An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun
(a) to protect the life of that individual or of other individuals; or
(b) for use in connection with his or her lawful profession or occupation.
AUTHORIZED TRANSFERS AND LENDING
General Provisions
Definition of "transfer"
21. For the purposes of sections 22 to 32, "transfer" means sell, barter or give.
Mental disorder, etc.
22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual
(a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or
(b) is impaired by alcohol or a drug.
Authorized Transfers
Authorization to transfer firearms
23. A person may transfer a firearm if, at the time of the transfer,
(a) the transferee produces to the person a document that purports to be a licence authorizing the transferee to acquire and possess that kind of firearm;
(b) the person
(i) has no reason to believe that the transferee is not authorized by the document to acquire and possess that kind of firearm, and
(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
(c) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
(d) a new registration certificate for the firearm is issued in accordance with this Act; and
(e) the prescribed conditions are complied with.
Authorization to transfer prohibited weapons, devices and ammunition
24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.
Conditions
(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if
(a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(b) the business produces to the person a document that purports to be a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(c) the person
(i) has no reason to believe that the business is not authorized by the document to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and
(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; and
(d) the prescribed conditions are complied with.
Authorization to transfer ammunition to individuals
25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual
(a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or
(b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.
Authorization to transfer firearms to the Crown and to the police
26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions.
Authorization to transfer prohibited weapons, etc., to the Crown and to the police
(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.
Chief firearms officer
27. On being informed of a proposed transfer of a firearm under section 23, of a proposed transfer of a firearm, prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business under section 24 or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 40(1)(c), a chief firearms officer shall
(a) verify
(i) whether the transferee or individual holds a licence,
(ii) whether the transferee or individual is still eligible to hold that licence, and
(iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(b) in the case of
(i) a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), or
(ii) a proposed importation of a restricted firearm,
verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
(c) decide whether to approve the transfer or importation and inform the Registrar of that decision; and
(d) take the prescribed measures.
Permitted purposes
28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) or the importation by an individual of a restricted firearm under paragraph 40(1)(c) only if the chief firearms officer is satisfied
(a) that the individual needs the restricted firearm or handgun
(i) to protect the life of that individual or of other individuals, or
(ii) for use in connection with his or her lawful profession or occupation; or
(b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is
(i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or
(ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.
Shooting clubs and shooting ranges
29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.
Approval
(2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if
(a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and
(b) the premises of the shooting club or shooting range are located in that province.
Revocation
(3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).
Delegation
(4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.
Notice of refusal to approve or revocation
(5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.
Material to accompany notice
(6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.
Non-disclosure of information
(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.
1995, c. 39, s. 29; 2003, c. 8, s. 22(F).
Gun collectors
30. The criteria referred to in subparagraph 28(b)(ii) are that the individual
(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;
(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and
(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.
Registrar
31. (1) On being informed of a proposed transfer of a firearm, the Registrar may
(a) issue a new registration certificate for the firearm in accordance with this Act; and
(b) revoke any registration certificate for the firearm held by the transferor.
Transfers of firearms to the Crown and to the police
(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm.
Mail-order transfers of firearms
32. A person may transfer a firearm by mail only if
(a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; and
(b) [Repealed, 2003, c. 8, s. 24]
(c) the prescribed conditions are complied with.
1995, c. 39, s. 32; 2003, c. 8, s. 24.
Authorized Lending
Authorization to lend
33. Subject to section 34, a person may lend a firearm only if
(a) the person
(i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and
(ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or
(b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.
Authorization to lend firearms, etc., to the Crown and to the police
34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if
(a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and
(b) the prescribed conditions are complied with.
AUTHORIZED EXPORTATION AND IMPORTATION
Individuals
Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms
35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,
(a) the non-resident
(i) is eighteen years old or older,
(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and
(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).
Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
Non-compliance
(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and
(a) the non-resident has not truthfully completed the prescribed form, or
(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,
the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.
Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of
(a) the expiration of those sixty days, and
(b) the expiration of the authorization to transport.
Renewal
(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.
Electronic or other means
(3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.
Authorization for non-residents who do not hold a licence to export firearms that are not prohibited firearms
37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,
(a) the non-resident
(i) declares the firearm to a customs officer, and
(ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and
(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.
Authorization for individuals who hold a licence to export firearms
38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation,
(a) the individual
(i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
(ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and
(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.
Disposal of firearm
(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.
Authorization for individuals to export replica firearms
39. An individual may export a replica firearm if he or she declares the replica firearm to a customs officer in the prescribed manner.
Authorization for individuals who hold a licence to import firearms
40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;
(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,
(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,
(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,
(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and
(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and
(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
Importation of prohibited firearms
(4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38.
Prohibited firearm
(5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office.
Disposal
(6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
Temporary registration certificate
41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
Notification of Registrar
42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.
Businesses
Authorization for businesses to import or export
43. A business may export or import a firearm, prohibited weapon, restricted weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition only if the business holds an authorization to export or an authorization to import.
Authorization to export
44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization
(a) in the case of a firearm, holds the registration certificate for the firearm;
(b) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the exportation;
(c) holds a licence authorizing it to possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;
(d) indicates the destination of those goods; and
(e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.
Authorization to be produced
45. (1) A business that holds an authorization to export goods described in section 43 must produce the authorization to a customs officer at the time of the exportation.
Customs officer
(2) A customs officer may confirm an authorization to export.
Non-compliance
(3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 43.
Disposal
(4) A good that is detained under subsection (3) may be disposed of in the prescribed manner.
Authorization to import
46. An authorization to import goods described in section 43 may be issued to a business only if the business that applies for such an authorization
(a) holds a licence authorizing it to acquire and possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;
(b) identifies those goods in the prescribed manner;
(c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation;
(d) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, specifies the prescribed purpose for the importation;
(e) indicates the destination in Canada of those goods; and
(f) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.
Authorization to be produced
47. (1) A business that holds an authorization to import goods described in section 43 must produce the authorization at a customs office to a customs officer at the time of the importation.
Customs officer
(2) A customs officer may confirm an authorization to import.
Non-compliance
(3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 43 to be exported from that customs office, in which case the goods may be exported without any other authorization.
Disposal
(4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
Temporary registration certificate
48. An authorization to import a firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
Separate authorization
49. Each exportation or importation of goods described in section 43 requires a separate authorization to export or authorization to import.
Notification of Registrar
50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.
Notification of Minister responsible for the Export and Import Permits Act
51. The Registrar shall inform the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import.
Only at designated customs offices
52. No business shall export or import goods described in section 43 except at a customs office designated for that purpose by the Minister of National Revenue.
No in-transit shipments of prohibited firearms, weapons, devices and ammunition
53. No business shall import a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition that is to be shipped in transit through Canada and exported.
LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS
Applications
Applications
54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees.
To whom made
(2) An application for a licence, registration certificate or authorization must be made to
(a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or
(b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.
Pre-commencement restricted firearms and handguns
(3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,
(a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and
(b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.
Further information
55. (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.
Investigation
(2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse or common-law partner, former spouse or former common-law partner, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.
1995, c. 39, s. 55; 2000, c. 12, s. 118.
Issuance
Licences
56. (1) A chief firearms officer is responsible for issuing licences.
Only one licence per individual
(2) Only one licence may be issued to any one individual.
Separate licence for each location
(3) A business other than a carrier requires a separate licence for each place where the business is carried on.
Authorizations to carry or transport
57. A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport.
Conditions
58. (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.
Minors
(2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual.
Minors
(3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it.
Different registered owner
59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.
Registration certificates and authorizations to export or import
60. The Registrar is responsible for issuing registration certificates for firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.
Form
61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it.
Form of authorizations
(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it.
Condition attached to licence
(3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.
Businesses
(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.
Not transferable
62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.
Geographical extent
63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.
Intraprovincial carriers
(2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued.
Authorizations to carry
(3) Authorizations to carry are not valid outside the province in which they are issued.
Term
Term of licences
64. (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of
(a) five years after the birthday of the holder next following the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Extension of term
(1.1) Despite subsection (1), a chief firearms officer may, until January 1, 2005, with respect to any licence referred to in that subsection that is issued before December 31, 2001, extend the period for which the licence is expressed to be issued by an additional period of up to four years.
Minors
(2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of
(a) the day on which the holder attains the age of eighteen years, and
(b) the expiration of the period for which it is expressed to be issued.
Businesses other than museums
(3) A licence that is issued to a business other than a museum expires on the earlier of
(a) one year after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Museums
(4) A licence that is issued to a museum expires on the earlier of
(a) three years after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
1995, c. 39, s. 64; 2003, c. 8, s. 40.
Term of authorizations
65. (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.
Authorizations to transport
(2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of
(a) the expiration of the period for which the condition is expressed to be attached, and
(b) the expiration of the licence.
Authorizations to transport
(3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires
(a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of
(i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and
(ii) the expiration of the licence; and
(b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years.
Authorizations to carry
(4) An authorization to carry expires
(a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of
(i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and
(ii) the expiration of the licence; and
(b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.
Term of registration certificates
66. A registration certificate for a firearm expires where
(a) the holder of the registration certificate ceases to be the owner of the firearm; or
(b) the firearm ceases to be a firearm.
Renewal
67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued.
Restricted firearms and pre-February 14, 1995 handguns
(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for
(a) the purpose described in section 28 for which the individual acquired the restricted firearms or handguns; or
(b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application.
Registrar
(3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) that are possessed by an individual are not being used for that purpose shall
(a) give notice of that decision in the prescribed form to the individual; and
(b) inform the Registrar of that decision.
Relics
(4) Subsections (2) and (3) do not apply to a firearm
(a) that is a relic, is of value as a cu更多精彩文章及讨论,请光临枫下论坛 rolia.net
1995, c. 39
An Act respecting firearms and other weapons
[Assented to 5th December, 1995]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Firearms Act.
INTERPRETATION
Definitions
2. (1) In this Act,
"authorization to carry" ? autorisation de port ?
"authorization to carry" means an authorization described in section 20;
"authorization to export" ? autorisation d'exportation ?
"authorization to export" means an authorization referred to in section 44;
"authorization to import" ? autorisation d'importation ?
"authorization to import" means an authorization referred to in section 46;
"authorization to transport" ? autorisation de transport ?
"authorization to transport" means an authorization described in section 18 or 19;
"business" ? entreprise ?
"business" means a person who carries on a business that includes
(a) the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,
(b) the possession, purchase or sale of ammunition, or
(c) the purchase of cross-bows
and includes a museum;
"carrier" ? transporteur ?
"carrier" means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition;
"chief firearms officer" ? contr?leur des armes à feu ?
"chief firearms officer" means
(a) in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province,
(b) in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or
(c) in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister;
"commencement day" ? date de référence ?
"commencement day", in respect of a provision of this Act or the expression "former Act" in a provision of this Act, means the day on which the provision comes into force;
"Commissioner" ? commissaire ?
"Commissioner" means the Commissioner of Firearms appointed under section 81.1;
"common-law partner" ? conjoint de fait ?
"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
"customs office" ? bureau de douane ?
"customs office" has the meaning assigned by subsection 2(1) of the Customs Act;
"customs officer" ? agent des douanes ?
"customs officer" has the meaning assigned to the word "officer" by subsection 2(1) of the Customs Act;
"federal Minister" ? ministre fédéral ?
"federal Minister" means the Minister of Justice;
"firearms officer" ? préposé aux armes à feu ?
"firearms officer" means
(a) in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province,
(b) in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or
(c) in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister;
"former Act" ? loi antérieure ?
"former Act" means Part III of the Criminal Code, as it read from time to time before the commencement day;
"museum" ? musée ?
"museum" means a person who operates a museum
(a) in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or
(b) in which ammunition is possessed or bought;
"non-resident" ? non-résident ?
"non-resident" means an individual who ordinarily resides outside Canada;
"prescribed" ? réglementaire ?
"prescribed" means
(a) in the case of a form or the information to be included on a form, prescribed by the federal Minister, and
(b) in any other case, prescribed by the regulations;
"provincial minister" ? ministre provincial ?
"provincial minister" means
(a) in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister,
(b) in respect of a territory, the federal Minister, or
(c) in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister;
"regulations" ? règlements ?
"regulations" means regulations made by the Governor in Council under section 117.
To be interpreted with Criminal Code
(2) For greater certainty, unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.
Aboriginal and treaty rights
(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
1995, c. 39, s. 2; 2000, c. 12, s. 116; 2001, c. 4, s. 85; 2003, c. 8, s. 9.
HER MAJESTY
Binding on Her Majesty
3. (1) This Act is binding on Her Majesty in right of Canada or a province.
Canadian Forces
(2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.
PURPOSE
Purpose
4. The purpose of this Act is
(a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of
(i) licences, registration certificates and authorizations 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,
(ii) licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and
(iii) licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code;
(b) to authorize,
(i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and
(ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,
firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and
(c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.
AUTHORIZED POSSESSION
Eligibility to Hold Licences
General Rules
Public safety
5. (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.
Criteria
(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,
(a) has been convicted or discharged under section 730 of the Criminal Code of
(i) an offence in the commission of which violence against another person was used, threatened or attempted,
(ii) an offence under this Act or Part III of the Criminal Code,
(iii) an offence under section 264 of the Criminal Code (criminal harassment), or
(iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;
(b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or
(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
Exception
(3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).
1995, c. 39, ss. 5, 137; 1996, c. 19, s. 76.1; 2003, c. 8, s. 10.
Court orders
6. (1) A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition.
Exception
(2) Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).
Successful completion of safety course
7. (1) An individual is eligible to hold a licence only if the individual
(a) successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
(b) except in the case of an individual who is less than eighteen years old, passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;
(c) successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or
(d) passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act.
Restricted firearms safety course
(2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual
(a) successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course; or
(b) passes a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister.
After expiration of prohibition order
(3) An individual against whom a prohibition order was made
(a) is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,
(i) successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and
(ii) passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and
(b) is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,
(i) successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and
(ii) passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.
Exceptions
(4) Subsections (1) and (2) do not apply to an individual who
(a) in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms;
(b) is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family;
(c) on the commencement day, possessed one or more firearms and does not require a licence to acquire other firearms;
(d) requires a licence merely to acquire cross-bows; or
(e) is a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms.
Further exception
(5) Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.
1995, c. 39, s. 7; 2003, c. 8, s. 11.
Special Cases -- Persons
Minors
8. (1) An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.
Minors hunting as a way of life
(2) An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.
Hunting, etc.
(3) An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.
No prohibited or restricted firearms
(4) An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.
Consent of parent or guardian
(5) An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.
Businesses
9. (1) A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms.
Safety courses
(2) A business other than a carrier is eligible to hold a licence only if
(a) a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or
(b) the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section.
Employees -- firearms
(3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms.
Employees -- prohibited firearms or restricted firearms
(3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.
Employees -- prohibited weapons, restricted weapons, etc.
(3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.
Exception
(4) In subsection (3), "firearm" does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon
(a) from which any shot, bullet or other projectile can be discharged; and
(b) that is capable of causing serious bodily injury or death to a person.
Exception
(5) Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person's ineligibility.
Exception for museums
(6) Subsection (3) does not apply in respect of an employee of a museum
(a) who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or
(b) who is designated, by name, by a provincial minister.
1995, c. 39, s. 9; 2003, c. 8, s. 12.
International and interprovincial carriers
10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.
Special Cases -- Prohibited Firearms, Weapons, Devices and Ammunition
Prohibited firearms, weapons, devices and ammunition -- businesses
11. (1) A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section.
Prescribed purposes
(2) A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.
Carriers
(3) A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.
Prohibited firearms -- individuals
12. (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.
Grandfathered individuals -- pre-January 1, 1978 automatic firearms
(2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on January 1, 1978 possessed one or more automatic firearms;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.
Grandfathered individuals -- pre-August 1, 1992 converted automatic firearms
(3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on August 1, 1992 possessed one or more automatic firearms
(i) that had been so altered, and
(ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.
Grandfathered individuals -- Prohibited Weapons Order, No. 12
(4) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual
(a) before July 27, 1992 possessed one or more firearms that were so declared;
(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.
Grandfathered individuals -- Prohibited Weapons Order, No. 13
(5) An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual
(a) before January 1, 1995 possessed one or more firearms that were so declared;
(b) on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.
Grandfathered individuals -- pre-February 14, 1995 handguns
(6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual
(a) on February 14, 1995
(i) held a registration certificate under the former Act for one or more of those handguns, or
(ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns;
(b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns.
Next of kin of grandfathered individuals -- pre-February 14, 1995 handguns
(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this or that subsection to hold a licence authorizing the individual to possess the particular handgun.
Grandfathered individuals -- regulations re prohibited firearms
(8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual
(a) on the day on which the provision comes into force possesses one or more of those firearms; and
(b) beginning on
(i) the day on which that provision comes into force, or
(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued
was continuously the holder of a registration certificate for one or more of those firearms.
1995, c. 39, s. 12; 2000, c. 12, s. 117.
Registration Certificates
Registration certificate
13. A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.
Serial number
14. A registration certificate may be issued only for a firearm
(a) that bears a serial number sufficient to distinguish it from other firearms; or
(b) that is described in the prescribed manner.
Exempted firearms
15. A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.
Only one person per registration certificate
16. (1) A registration certificate for a firearm may be issued to only one person.
Exception
(2) Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.
AUTHORIZED TRANSPORTATION OF FIREARMS
Places where prohibited and restricted firearms may be possessed
17. Subject to sections 18 to 20, a prohibited firearm or restricted firearm the holder of the registration certificate for which is an individual may be possessed only at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a chief firearms officer.
Transporting and using prohibited firearms
18. An individual who holds a licence authorizing the individual to possess prohibited firearms may be authorized to transport a particular prohibited firearm between two or more specified places
(a) in the case of a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or
(b) if the individual
(i) changes residence,
(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
(iv) wishes to transport the firearm to a gun show.
Transporting and using restricted firearms
19. (1) An individual who holds a licence authorizing the individual to possess restricted firearms may be authorized to transport a particular restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or
(b) if the individual
(i) changes residence,
(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
(iv) wishes to transport the firearm to a gun show.
Non-residents
(2) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with section 35.
Carrying restricted firearms and pre-February 14, 1995 handguns
20. An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun
(a) to protect the life of that individual or of other individuals; or
(b) for use in connection with his or her lawful profession or occupation.
AUTHORIZED TRANSFERS AND LENDING
General Provisions
Definition of "transfer"
21. For the purposes of sections 22 to 32, "transfer" means sell, barter or give.
Mental disorder, etc.
22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual
(a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or
(b) is impaired by alcohol or a drug.
Authorized Transfers
Authorization to transfer firearms
23. A person may transfer a firearm if, at the time of the transfer,
(a) the transferee produces to the person a document that purports to be a licence authorizing the transferee to acquire and possess that kind of firearm;
(b) the person
(i) has no reason to believe that the transferee is not authorized by the document to acquire and possess that kind of firearm, and
(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
(c) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
(d) a new registration certificate for the firearm is issued in accordance with this Act; and
(e) the prescribed conditions are complied with.
Authorization to transfer prohibited weapons, devices and ammunition
24. (1) Subject to section 26, a person may transfer a prohibited weapon, prohibited device or prohibited ammunition only to a business.
Conditions
(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if
(a) the business holds a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(b) the business produces to the person a document that purports to be a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(c) the person
(i) has no reason to believe that the business is not authorized by the document to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and
(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; and
(d) the prescribed conditions are complied with.
Authorization to transfer ammunition to individuals
25. A person may transfer ammunition that is not prohibited ammunition to an individual only if the individual
(a) until January 1, 2001, holds a licence authorizing him or her to possess firearms or a prescribed document; or
(b) after January 1, 2001, holds a licence authorizing him or her to possess firearms.
Authorization to transfer firearms to the Crown and to the police
26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions.
Authorization to transfer prohibited weapons, etc., to the Crown and to the police
(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.
Chief firearms officer
27. On being informed of a proposed transfer of a firearm under section 23, of a proposed transfer of a firearm, prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business under section 24 or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 40(1)(c), a chief firearms officer shall
(a) verify
(i) whether the transferee or individual holds a licence,
(ii) whether the transferee or individual is still eligible to hold that licence, and
(iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
(b) in the case of
(i) a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), or
(ii) a proposed importation of a restricted firearm,
verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
(c) decide whether to approve the transfer or importation and inform the Registrar of that decision; and
(d) take the prescribed measures.
Permitted purposes
28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) or the importation by an individual of a restricted firearm under paragraph 40(1)(c) only if the chief firearms officer is satisfied
(a) that the individual needs the restricted firearm or handgun
(i) to protect the life of that individual or of other individuals, or
(ii) for use in connection with his or her lawful profession or occupation; or
(b) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is
(i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or
(ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30.
Shooting clubs and shooting ranges
29. (1) No person shall operate a shooting club or shooting range except under an approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located.
Approval
(2) A provincial minister may approve a shooting club or shooting range for the purposes of this Act if
(a) the shooting club or shooting range complies with the regulations made under paragraph 117(e); and
(b) the premises of the shooting club or shooting range are located in that province.
Revocation
(3) A provincial minister who approves a shooting club or shooting range for the purposes of this Act may revoke the approval for any good and sufficient reason including, without limiting the generality of the foregoing, where the shooting club or shooting range contravenes a regulation made under paragraph 117(e).
Delegation
(4) A chief firearms officer who is authorized in writing by a provincial minister may perform such duties and functions of the provincial minister under this section as are specified in the authorization.
Notice of refusal to approve or revocation
(5) Where a provincial minister decides to refuse to approve or to revoke an approval of a shooting club or shooting range for the purposes of this Act, the provincial minister shall give notice of the decision to the shooting club or shooting range.
Material to accompany notice
(6) A notice given under subsection (5) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.
Non-disclosure of information
(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.
1995, c. 39, s. 29; 2003, c. 8, s. 22(F).
Gun collectors
30. The criteria referred to in subparagraph 28(b)(ii) are that the individual
(a) has knowledge of the historical, technological or scientific characteristics that relate or distinguish the restricted firearms or handguns that he or she possesses;
(b) has consented to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept; and
(c) has complied with such other requirements as are prescribed respecting knowledge, secure storage and the keeping of records in respect of restricted firearms or handguns.
Registrar
31. (1) On being informed of a proposed transfer of a firearm, the Registrar may
(a) issue a new registration certificate for the firearm in accordance with this Act; and
(b) revoke any registration certificate for the firearm held by the transferor.
Transfers of firearms to the Crown and to the police
(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm.
Mail-order transfers of firearms
32. A person may transfer a firearm by mail only if
(a) the verifications, notifications, issuances and authorizations referred to in sections 21 to 28, 30, 31, 40 to 43 and 46 to 52 take place within a reasonable period before the transfer in the prescribed manner; and
(b) [Repealed, 2003, c. 8, s. 24]
(c) the prescribed conditions are complied with.
1995, c. 39, s. 32; 2003, c. 8, s. 24.
Authorized Lending
Authorization to lend
33. Subject to section 34, a person may lend a firearm only if
(a) the person
(i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and
(ii) lends the borrower the registration certificate for the firearm, except in the case of a borrower who uses the firearm to hunt or trap in order to sustain himself or herself or his or her family; or
(b) the borrower uses the firearm under the direct and immediate supervision of the person in the same manner in which the person may lawfully use it.
Authorization to lend firearms, etc., to the Crown and to the police
34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if
(a) in the case of a firearm, the transferor lends the borrower the registration certificate for the firearm; and
(b) the prescribed conditions are complied with.
AUTHORIZED EXPORTATION AND IMPORTATION
Individuals
Authorization for non-residents who do not hold a licence to import firearms that are not prohibited firearms
35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,
(a) the non-resident
(i) is eighteen years old or older,
(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and
(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).
Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
Non-compliance
(4) Where a firearm that is neither a prohibited firearm nor a restricted firearm is declared at a customs office to a customs officer and
(a) the non-resident has not truthfully completed the prescribed form, or
(b) the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed,
the customs officer may refuse to confirm the declaration and may authorize the firearm to be exported from that customs office.
Temporary licence and registration certificate
36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of
(a) the expiration of those sixty days, and
(b) the expiration of the authorization to transport.
Renewal
(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.
Electronic or other means
(3) For greater certainty, an application for a renewal of the confirmation of a declaration may be made by telephone or other electronic means or by mail and a chief firearms officer may renew that confirmation by electronic means or by mail.
Authorization for non-residents who do not hold a licence to export firearms that are not prohibited firearms
37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,
(a) the non-resident
(i) declares the firearm to a customs officer, and
(ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and
(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.
Authorization for individuals who hold a licence to export firearms
38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation,
(a) the individual
(i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
(ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and
(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.
Disposal of firearm
(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.
Authorization for individuals to export replica firearms
39. An individual may export a replica firearm if he or she declares the replica firearm to a customs officer in the prescribed manner.
Authorization for individuals who hold a licence to import firearms
40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,
(a) the individual declares the firearm to a customs officer in the prescribed manner;
(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;
(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,
(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,
(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,
(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and
(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and
(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.
Non-compliance
(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements.
Disposal of firearm
(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
Importation of prohibited firearms
(4) An individual who holds a licence may import a prohibited firearm only if he or she previously exported the prohibited firearm in accordance with section 38.
Prohibited firearm
(5) Where a prohibited firearm is declared at a customs office to a customs officer and the prohibited firearm was not previously exported in accordance with section 38, the customs officer may authorize the prohibited firearm to be exported from that customs office.
Disposal
(6) Prohibited firearms that are not immediately exported under subsection (5) are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
Temporary registration certificate
41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
Notification of Registrar
42. A customs officer shall inform the Registrar without delay of the exportation or importation of a firearm by an individual.
Businesses
Authorization for businesses to import or export
43. A business may export or import a firearm, prohibited weapon, restricted weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition only if the business holds an authorization to export or an authorization to import.
Authorization to export
44. An authorization to export goods described in section 43 may be issued to a business only if the business that applies for such an authorization
(a) in the case of a firearm, holds the registration certificate for the firearm;
(b) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, identifies it in the prescribed manner and specifies the prescribed purpose for the exportation;
(c) holds a licence authorizing it to possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;
(d) indicates the destination of those goods; and
(e) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.
Authorization to be produced
45. (1) A business that holds an authorization to export goods described in section 43 must produce the authorization to a customs officer at the time of the exportation.
Customs officer
(2) A customs officer may confirm an authorization to export.
Non-compliance
(3) Where an authorization to export is not confirmed, a customs officer may detain goods described in section 43.
Disposal
(4) A good that is detained under subsection (3) may be disposed of in the prescribed manner.
Authorization to import
46. An authorization to import goods described in section 43 may be issued to a business only if the business that applies for such an authorization
(a) holds a licence authorizing it to acquire and possess those goods, except where those goods are to be shipped in transit through Canada by a business that does not carry on business in Canada;
(b) identifies those goods in the prescribed manner;
(c) in the case of either a firearm that is not a prohibited firearm or a restricted weapon, specifies the purpose for the importation;
(d) in the case of a prohibited firearm, prohibited weapon, prohibited device, component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm or prohibited ammunition, specifies the prescribed purpose for the importation;
(e) indicates the destination in Canada of those goods; and
(f) provides the Registrar with the prescribed information and any other information reasonably required by the Registrar.
Authorization to be produced
47. (1) A business that holds an authorization to import goods described in section 43 must produce the authorization at a customs office to a customs officer at the time of the importation.
Customs officer
(2) A customs officer may confirm an authorization to import.
Non-compliance
(3) Where an authorization to import is not confirmed, a customs officer may authorize goods described in section 43 to be exported from that customs office, in which case the goods may be exported without any other authorization.
Disposal
(4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
Temporary registration certificate
48. An authorization to import a firearm that is confirmed in accordance with subsection 47(2) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
Separate authorization
49. Each exportation or importation of goods described in section 43 requires a separate authorization to export or authorization to import.
Notification of Registrar
50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.
Notification of Minister responsible for the Export and Import Permits Act
51. The Registrar shall inform the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import.
Only at designated customs offices
52. No business shall export or import goods described in section 43 except at a customs office designated for that purpose by the Minister of National Revenue.
No in-transit shipments of prohibited firearms, weapons, devices and ammunition
53. No business shall import a prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition that is to be shipped in transit through Canada and exported.
LICENCES, REGISTRATION CERTIFICATES AND AUTHORIZATIONS
Applications
Applications
54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees.
To whom made
(2) An application for a licence, registration certificate or authorization must be made to
(a) a chief firearms officer, in the case of a licence, an authorization to carry or an authorization to transport; or
(b) the Registrar, in the case of a registration certificate, an authorization to export or an authorization to import.
Pre-commencement restricted firearms and handguns
(3) An individual who, on the commencement day, possesses one or more restricted firearms or one or more handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) must specify, in any application for a licence authorizing the individual to possess restricted firearms or handguns that are so referred to,
(a) except in the case of a firearm described in paragraph (b), for which purpose described in section 28 the individual wishes to continue to possess restricted firearms or handguns that are so referred to; and
(b) for which of those firearms was a registration certificate under the former Act issued because they were relics, were of value as a curiosity or rarity or were valued as a memento, remembrance or souvenir.
Further information
55. (1) A chief firearms officer or the Registrar may require an applicant for a licence or authorization to submit such information, in addition to that included in the application, as may reasonably be regarded as relevant for the purpose of determining whether the applicant is eligible to hold the licence or authorization.
Investigation
(2) Without restricting the scope of the inquiries that may be made with respect to an application for a licence, a chief firearms officer may conduct an investigation of the applicant, which may consist of interviews with neighbours, community workers, social workers, individuals who work or live with the applicant, spouse or common-law partner, former spouse or former common-law partner, dependants or whomever in the opinion of the chief firearms officer may provide information pertaining to whether the applicant is eligible under section 5 to hold a licence.
1995, c. 39, s. 55; 2000, c. 12, s. 118.
Issuance
Licences
56. (1) A chief firearms officer is responsible for issuing licences.
Only one licence per individual
(2) Only one licence may be issued to any one individual.
Separate licence for each location
(3) A business other than a carrier requires a separate licence for each place where the business is carried on.
Authorizations to carry or transport
57. A chief firearms officer is responsible for issuing authorizations to carry and authorizations to transport.
Conditions
58. (1) A chief firearms officer who issues a licence, an authorization to carry or an authorization to transport may attach any reasonable condition to it that the chief firearms officer considers desirable in the particular circumstances and in the interests of the safety of the holder or any other person.
Minors
(2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with a parent or person who has custody of the individual.
Minors
(3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall have a parent or person who has custody of the individual sign the licence, including any conditions attached to it.
Different registered owner
59. An individual who holds an authorization to carry or authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued.
Registration certificates and authorizations to export or import
60. The Registrar is responsible for issuing registration certificates for firearms and assigning firearms identification numbers to them and for issuing authorizations to export and authorizations to import.
Form
61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it.
Form of authorizations
(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it.
Condition attached to licence
(3) An authorization to carry or authorization to transport may take the form of a condition attached to a licence.
Businesses
(4) A licence that is issued to a business must specify each particular activity that the licence authorizes in relation to prohibited firearms, restricted firearms, firearms that are neither prohibited firearms nor restricted firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition.
Not transferable
62. Licences, registration certificates, authorizations to carry, authorizations to transport, authorizations to export and authorizations to import are not transferable.
Geographical extent
63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.
Intraprovincial carriers
(2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued.
Authorizations to carry
(3) Authorizations to carry are not valid outside the province in which they are issued.
Term
Term of licences
64. (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of
(a) five years after the birthday of the holder next following the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Extension of term
(1.1) Despite subsection (1), a chief firearms officer may, until January 1, 2005, with respect to any licence referred to in that subsection that is issued before December 31, 2001, extend the period for which the licence is expressed to be issued by an additional period of up to four years.
Minors
(2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of
(a) the day on which the holder attains the age of eighteen years, and
(b) the expiration of the period for which it is expressed to be issued.
Businesses other than museums
(3) A licence that is issued to a business other than a museum expires on the earlier of
(a) one year after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
Museums
(4) A licence that is issued to a museum expires on the earlier of
(a) three years after the day on which it is issued, and
(b) the expiration of the period for which it is expressed to be issued.
1995, c. 39, s. 64; 2003, c. 8, s. 40.
Term of authorizations
65. (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.
Authorizations to transport
(2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of
(a) the expiration of the period for which the condition is expressed to be attached, and
(b) the expiration of the licence.
Authorizations to transport
(3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires
(a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of
(i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and
(ii) the expiration of the licence; and
(b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years.
Authorizations to carry
(4) An authorization to carry expires
(a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of
(i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and
(ii) the expiration of the licence; and
(b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.
Term of registration certificates
66. A registration certificate for a firearm expires where
(a) the holder of the registration certificate ceases to be the owner of the firearm; or
(b) the firearm ceases to be a firearm.
Renewal
67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued.
Restricted firearms and pre-February 14, 1995 handguns
(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for
(a) the purpose described in section 28 for which the individual acquired the restricted firearms or handguns; or
(b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application.
Registrar
(3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns) that are possessed by an individual are not being used for that purpose shall
(a) give notice of that decision in the prescribed form to the individual; and
(b) inform the Registrar of that decision.
Relics
(4) Subsections (2) and (3) do not apply to a firearm
(a) that is a relic, is of value as a cu更多精彩文章及讨论,请光临枫下论坛 rolia.net