Script 242 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Canada’s main gun control law is the Firearms Act. It applies to everyone who owns, borrows, buys, or inherits guns (called firearms in this script).

The Firearms Act requires you to have a valid firearms licence to own, borrow or obtain firearms, or to get ammunition. You need to renew your licence before it expires – for as long as you own or use firearms. You must also register all firearms. Control of firearms is similar to control of cars. You need a licence to drive, and you have to register your car. As well, you have to store all firearms unloaded and locked up, for safety. 

What licence do you need?

Possession and Acquisition Licence, or PAL, for short – if you are 18 or older and do not have a firearms licence, this is the only licence you can get. To get a PAL, first you have to pass the Canadian Firearms Safety Course. Then you have to apply to the RCMP Canadian Firearms Program and pay an application fee. The RCMP may contact the references listed in your application, spouses, ex-spouses, or other people you have lived with and ask them if they have any safety concerns about you owning a firearm.

Possession Only Licence or POL, for short – if you have this licence, you may renew it, but only if you do so before it expires and only if you have at least one firearm registered in your name. Until May 16, 2011, some people with expired POLs can apply for a new one if they meet certain requirements – the Program website, at www.rcmp-grc.gc.ca/cfp, has more on this. A Possession-Only Licence allows you to use firearms already registered to you. It also lets you borrow firearms of the same class as the ones you own – the next section describes the 3 classes of firearms. But if you want to get another firearm, or if you no longer own firearms but want to borrow one, you must upgrade your Possession-Only Licence to a Possession-and-Acquisition Licence.

Minor’s Licence – this is for people at least 12 years old but under 18. It lets the person borrow non-restricted firearms for hunting, target shooting, organized shooting competitions, and instructions in firearms use. People under 18 are not allowed to own or acquire firearms.

What classes of firearms are there?
The Criminal Code lists three classes of firearms: non-restricted, restricted, and prohibited. A licence says what class of firearm you can possess and acquire.

Non-restricted firearms include ordinary shotguns and rifles, such as those commonly used for hunting. But some military type rifles and shotguns are prohibited – see “Prohibited firearms” below.

Restricted firearms include certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted. You can only have restricted firearms for a purpose that the Firearms Act allows, such as gun collecting or target shooting. You must also pass the Canadian Restricted Firearms Safety Course.

Prohibited firearms include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited.

You may be licensed to own prohibited firearms if you have “grandfathered privileges” for that class of prohibited firearm. You would also be able to obtain more firearms of the same class, but only if the firearm is grandfathered too. To have grandfathered privileges for a class of prohibited firearm, you must have held a valid registration certificate for that class of firearm before December 1, 1998 and continued to do so, without a break. Generally, for a prohibited firearm to be grandfathered, it must have been registered in Canada on December 1, 1998. 

In other words, if you get rid of all your prohibited firearms, or if your registration certificates become invalid for any reason, or if your license expires, you lose your grandfathered privileges and can no longer have prohibited firearms. To keep your registration certificates valid and stay grandfathered, it is important to keep your licence valid by renewing it before it expires. Even if you are grandfathered, you cannot get a prohibited firearm that is not grandfathered. For example, you would not be able to make one, bring one into Canada as a new import, or buy one that has never been registered.

How much does a licence cost and how long does it last?
A PAL costs $60 if it is just for non-restricted firearms or $80 for any combination of non-restricted, restricted, and prohibited firearms. These licences need to be renewed every 5 years. A POL also has to be renewed every 5 years. Until May 16, 2011, the fee to renew or upgrade certain licences is waived.

A Minor’s Licence costs $10 for up to one year; $20 for up to two years, and $30 for more than two years.

You have to pay for a PAL if you upgrade from a Minor’s Licence when you turn 18.

How do you register firearms?
To register a firearm, you need a valid licence allowing you to have that class of firearm. There is no fee to register a firearm. Also, you may need to get your firearm verified by an approved verifier before you register it. Call 1.800.731.4000 for information on having a firearm verified.

All firearms had to be registered by January 1, 2003. If you registered any restricted or prohibited firearms under the old system (before December 1, 1998), you also had to re-register them by January 1, 2003. Earlier registrations are no longer valid. If you have any non-restricted or restricted firearms that have not yet been registered, you can still apply. There is no late penalty. But you risk penalties under the Criminal Code if police find you with an unregistered firearm. Until May 16, 2011, there is an amnesty for non-restricted firearms – if you are taking steps to comply with the law. If you are not sure about your case, call the Program at 1.800.731.4000.

You can register firearms in 2 ways:

1. online, at the Canadian Firearms Program website at www.rcmp-grc.gc.ca/cfp.
2. with a paper application form – call 1.800.731.4000 to get a form or get it from the Program website.

Registering prohibited firearms
If you did not re-register your prohibited firearms by the January 1, 2003 deadline, you have lost your grandfathered privileges for them and must deactivate or dispose of them. But as long as the firearms were registered on December 1, 1998, they are grandfathered and you can sell or give them to someone who is licensed to acquire that class of prohibited firearm. 

Transferring registration to a new owner
Any time a registered firearm is sold or given to someone else, it must be deregistered from the first owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner differs from registering a firearm that has never been registered. There are three ways:

1. call 1.800.731.4000 to transfer by phone.  
2. if either the buyer or the seller is a licensed business, the transfer can be done online. The business will need to start the process by going to the Program website at www.rcmp-grc.gc.ca/cfp.
3. call 1.800.731.4000 to get a paper transfer form or get it from the website at www.rcmp-grc.gc.ca/cfp.

Disposing of firearms
If you have firearms that you no longer want, or can no longer lawfully own, you can dispose of them in any of the following ways:

• sell or give them to a person or business licensed to acquire them, including a museum.
• have them permanently deactivated in an approved way.
• export them to a country that allows them.
• turn them in to police or a firearms officer for disposal.

When you dispose of a registered firearm, you need to inform the Registrar of Firearms. You may also need to provide proof that you have disposed of it, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a completed deactivation notice.

What firearms-related penalties are in the Criminal Code?
The penalties are stiff if you break the law. If you have a firearm without a license and registration certificate, you risk certain penalties. The amnesty mentioned above, in effect until May 16, 2011, applies only to people in certain cases who are taking steps to comply with the law. It does not protect people from other Criminal Code firearms offenses, such as unsafe storage of a firearm or lending a firearm to someone who is not licensed.

People who deliberately break the law now risk up to 14 years in jail. The Tackling Violent Crime Act broadened the definition of firearms-related crimes and increased penalties for them.

If you change your address
If you have a licence (POL or PAL) and you move, you must tell the Canadian Firearms Program your new address within 30 days. You can change your address through the website or by calling 1.800.731.4000. Keeping your address current ensures you get important information, such as notices reminding you to renew your licence. But even if you don’t get a notice to renew, you are still responsible to renew it before it expires.

For more information
Call the Canadian Firearms Program at 1.800.731.4000 or check its website at www.rcmp-grc.gc.ca/cfp for detailed information, including fact sheets on several topics. You can get licence and registration application forms from the website or by calling 1.800.731.4000. The Firearms Act is available at http://laws.justice.gc.ca.

Summary
To own or acquire a firearm, you need a licence and the firearm must be registered. Your licence tells you what class of firearm you’re allowed to own: non-restricted, restricted, or prohibited. Your grandfathered privileges for prohibited firearms are only valid if you continue to hold a valid licence and registration certificate for a firearm in that category of prohibited firearms.

[updated July 2010]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• by audio and text, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia Branch.

© Copyright 1983-2010 The Canadian Bar Association, British Columbia Branch