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Legislative Frameworks
Canada
The Firearms Act and its related regulations govern the possession, transport, use and storage of firearms in Canada. This national legislation is administered uniformly across Canada, and applies to residents and visitors. Administration of the Act and the Canadian Firearms Program is overseen by the RCMP and is carried out in partnership with the provinces and other federal government agencies.
The aim of the Canadian Firearms Program is to enhance public safety by:
- helping reduce death, injury and threat from firearms through responsible ownership, use and storage of firearms; and
- providing police and other organizations with expertise and information vital to the prevention and investigation of firearms crime and misuse in Canada and internationally.
Key legislated elements of the Canadian Firearms Program include, background eligibility safety screening, safety training, safe storage of firearms, firearms licensing, and continuous eligibility requirements.
Safety Requirements
Background safety screenings that are conducted for individuals who are applying for firearms licenses include screening for certain criminal convictions or discharges for violent offenses, firearms offenses, certain drug offenses, criminal harassment, mental illness associated with violence, a history of violence and acts of domestic violence. This screening is intended to ensure that firearms licenses are issued to individuals that are not a risk to themselves or others.
Firearms license applicants are also required to meet specific safety training standards, including satisfying requirements intended to ensure that licenses are issued only to those with knowledge of firearms laws and safe-handling practices, in order to be eligible for a License.
Safe storage laws help to prevent accidents and possible access to firearms by persons unauthorized to possess them.
Classification of Firearms
Canada's Criminal Code classifies firearms as either non-restricted firearms (i.e. rifles and shotguns), restricted firearms (i.e. handguns), or prohibited firearms (i.e. automatic and military assault-type firearms and prohibited handguns). Under Canada's Firearms Act, separate safety training standards and distinct licensing authorizations apply to the acquisition of non-restricted and restricted firearms. Firearms clients in Canada must meet specific requirements to acquire restricted firearms, such as passing the Restricted Firearms Safety Course and providing a reason for acquiring restricted firearms, e.g. target-practice or gun collection.
Firearms Licensing
Chief Firearms Officers (CFO), appointed for each province and territory in Canada, are responsible for issuing, refusing, revoking, and renewing firearms licenses. Applications are reviewed by the CFOs to ensure that individuals meet background and safety eligibility requirements. CFOs also authorize the transport, carrying, and transfer of firearms by individuals and businesses, and approve gun show sponsorship.
Continuous Eligibility
As part of the Firearms Program's continuous eligibility processes, valid firearms licenses are monitored to minimize public safety risks. For continuous eligibility screening, CFOs rely on information from many sources, including events reported by police for possible follow-up investigation by firearms officers, concerns expressed by a spouse or another person close to or known by the licensee, or information from medical or public health professions suggesting there may be a public safety risk. Screening and continuous eligibility checks by CFO's may lead to the refusal of a license application or revocation of an existing firearms licenses on public safety grounds, thereby helping reduce the risk of unsafe firearm use that might lead to violence and tragedy.
Firearms and weapons offences, such as the unauthorized possession of firearms, are contained primarily in the Criminal Code of Canada. Penalties for violations of the relevant Criminal Code provisions range from fines to mandatory minimum sentences. Certain offenses carry discretionary or mandatory firearms prohibition orders.
Unless specifically exempted by a provision of the Customs Tariff, firearms are prohibited from entry into Canada. CBSA Investigations is responsible for prosecuting offenses relating to firearms under the Customs Act, including those individuals who fail to declare their firearms upon their arrival to Canada. In addition, CBSA Investigations prosecute individuals found violating Canada's laws relating to the exportation of firearms, under the Export and Import Permits Act.
