Licensing
A licence is your authorization to possess and register a firearm and to obtain ammunition.
Your licence must be kept current for as long as you possess firearms in Canada. The types of licences are as follows:
For Canadian Residents 18 and Older:
- The Possession and Acquisition Licence (PAL) is the only licence currently available to new applicants. It is renewable every five years. The fee to renew
a licence is waived until May 17, 2008. As a general rule, applicants must have passed the Canadian Firearms Safety Course.
- Firearms Acquisition Certificates (FAC) issued under the former law are considered to be licences. They need
to be replaced with a PAL before they expire.
For Non-Residents Aged 18 and Older:
- A Non-resident firearms declaration that has been confirmed by a customs officer is deemed to be a temporary licence for
up to 60 days.
- Non-residents who have passed the Canadian Firearms Safety Course can apply for a five-year PAL.
For Individuals aged 12 to 17
- A Minors' Licence will enable young people to borrow a non-restricted rifle or shotgun for approved purposes
such as hunting or target shooting. Generally, the minimum age is 12 years, but exceptions may be made for younger people
who need to hunt to sustain themselves and their families. Applicants must have taken the Canadian Firearms Safety Course and passed the test. The fee to renew a minor’s licence is waived until May 17, 2008.
- Once a person turns 18, they are no longer eligible for a minor’s licence. Instead, they must apply
for a Possession and Acquisition Licence (PAL) and pay the applicable fee. Currently, the fee only applies to the first PAL.
Fees to renew a licence or modify licence privileges are waived until May 17, 2008.
For Firearms Business
- A Firearms Business Licence will permit a business to carry on only those firearm-related activities specified
on the licence.
Any of the licences listed above will allow you to possess a firearm and obtain ammunition in Canada. Only
the Possession and Acquisition Licence will allow you to acquire or permanently import a firearm.
Special Bulletin for Police No. 70
August 28, 2006
Notice
The information contained
in this bulletin is considered accurate the date of publication. The information has not been updated to reflect any changes
to the Firearms Act and related regulations. Amnesty for Some Long-Gun Owners
Snapshot
There is an amnesty for
individuals who possess non-restricted firearms without a valid license and/or registration certificate if they held a license
that expired after January 1, 2004.
The amnesty period is from May 17, 2006 until May 17, 2007.
During the term of
the amnesty, protected individuals cannot incur criminal liability under the Criminal Code for unauthorized possession of
a non-restricted firearm.
Affected owners must comply with the licensing and registration requirements of the Firearms
Act, or lawfully dispose of their firearms, by the amnesty deadline.
On May 17, 2006, the Minister of Public Safety announced an amnesty for certain individuals
who are in possession of a non-restricted firearm without a valid license or registration certificate. The Canada Firearms
Centre (CAFC) has received several calls from police, seeking more information about the amnesty. The purpose of this bulletin
is to answer some questions that police may have.
Who is protected by the amnesty?
The amnesty applies to individuals who possess
non-restricted firearms without a valid firearms license or registration certificate if the individual held a license that
expired after January 1, 2004.
The amnesty does not protect individuals who:
never held a firearms license; or
whose
most recent license or Firearms Acquisition Certificate expired before January 2004; or
Who possess restricted or prohibited
firearms without a valid license and/or registration certificate?
What protection does the amnesty provide?
Individuals protected by the amnesty cannot
incur criminal liability under the Criminal Code for unlawful possession of a non-restricted firearm. Other offences pertaining
to non-restricted firearms (for example, unsafe storage) continue to apply.
What is the term of the amnesty?
The amnesty term is from May 17, 2006 until May 17,
2007.
How does the amnesty affect individuals who were charged for unauthorized possession of
a non-restricted firearm before May 17, 2006?
The amnesty is not retroactive. Charges laid before May 17, 2006 continue
to apply.
Now that the amnesty is in place, what are police supposed to do when they receive a notice
from the Registrar, indicating that a particular individual is in illegal possession of firearms because their licence has
expired and their registration certificates have been revoked?
Police officers have certain powers of discretion. It is
not the CAFC’s place to attempt to override those powers. However, here are a few things to keep in mind when deciding
what action to take:
1 Before taking any action, check the class of the firearms listed on the notice of registration revocation.
The amnesty only applies to non-restricted firearms, not to restricted or prohibited firearms. If you are not sure about the
class of a firearm listed on a registration revocation notice, please contact us through one of the means set out below. We
will be happy to assist you.
2 Individuals protected by the amnesty cannot incur criminal liability for possessing a non-restricted
firearm without a valid licence or registration certificate. However, they are still in unauthorized possession of the firearm
and police have the authority to seize the firearm at their discretion . We suggest that you conduct a risk assessment. In
conducting your risks assessment, you may wish to include whether the person is of interest in your area, prior convictions
or arrests, and any other information that may be a cause of concern relating to public safety. Please note that the Canadian
Firearms Information System only conducts automatic, continuous, public safety checks on individuals with a valid licence.
Your agency’s legal counsel may advise you further on what action to take if you still have questions.
Our agency is holding non-restricted firearms that were seized from owners who did not
have a valid licence or registration certificate. Now that the amnesty is in place, may we return the firearms to the owner?
Once firearms have been seized from an individual, they should not be returned until the individual complies with the
law and obtains the necessary licence and registration certificate. Alternatively, if the owner transfers and registers the
firearms to a properly licensed business or individual, or to a public agency, the firearms may be released to the new owner.
Dease Lake police say they have authority to seize their guns under this authority.
Criminal Code
Section 117.03
(1) Notwithstanding section 117.02, a peace officer who finds
(a) a person in possession of a firearm who fails, on demand, to produce, for inspection by
the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and a registration
certificate for the firearm, or
(b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device
or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a
licence under which the person may lawfully possess it, may seize the firearm, prohibited weapon, restricted weapon, prohibited
device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized
by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully
possess it.
Return of seized thing on production of authorization
(2) Where a person from whom any thing is seized pursuant to subsection
(1) claims the thing within fourteen days after the seizure and produces for inspection by
the peace officer by whom it was seized, or any other peace officer having custody of it,
(a) an authorization or a licence under which the person is lawfully entitled to possess it,
and
(b) in the case of a firearm, a registration certificate for the firearm,
Now does the statement by the Federal government published in May of this year in which
it is outlined that an old PAL was sufficient supersede the Criminal code in an older statute?. What was the law on September
29th-2006, is the seizure illegal ?
