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Legislative Frameworks
Canadian and American firearms laws governing possession and use are significantly different. The main distinguishing features can be summarized as follows:
- All firearms owners in Canada must be eligible for a firearms license based on national legislated licensing criteria, and must maintain eligibility to ensure public safety risks are minimized. Under Canadian law, all firearms must be registered in a national records management system.
- Generally speaking, the United States has a decentralized regulatory scheme for firearms. However, federal laws and regulations allow the Federal government to assist state and local governments in combating firearms violence. For example the Federal government requires licensing for anyone engaged in the business of manufacturing, dealing, importing or exporting firearms. Federal licensees are required to maintain records, are subject to warrantless inspections, and are mandated to respond to trace requests within 48 hours. Many states and localities have a centralized licensing or registration scheme. State and local governments may also require additional restrictions, such as waiting periods, a one-gun-a-month limit, or other restrictions.
Differences in firearms laws can provide opportunities for illegal acquisition and transport of firearms across the border. For example, handguns may be lawfully possessed in most American states. By contrast, handguns in Canada are classified as either restricted or prohibited, and few individuals are permitted to legally own handguns. This has the potential for creating a market for illegal handguns in Canada.
