Firearms regulation in Canada

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Firearms are federally regulated in Canada through the Firearms Act , the Criminal Code , and the Canadian Firearms Program, a program operated within the Royal Canadian Mounted Police. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J. [1]

Contents

Civilian ownership and use is legal after obtaining a possession and acquisition licence (PAL) or a restricted possession and acquisition licence (RPAL) issued by the RCMP. An RPAL is required for handguns and short-barrelled semi-automatic rifles. For PALs there is generally no justification requirements beyond not posing a risk to public safety; RPALs require either gun club membership, demonstration of sufficient firearms knowledge, or a professional carry authorization. However, firearms and licence holders are subject to heavy regulations, and there are many types of firearms that are classed as prohibited.

Concealed carry is prohibited outside of a lawful profession (e.g. security and trapping). Open carry of non-restricted rifles is permitted only on hunting grounds such as crown land. Hunting with a restricted firearm (which includes handguns) is prohibited.

Handgun registration became law in 1934, and automatic firearms registration was added in 1951. In 1969, laws classified firearms as "non-restricted", "restricted", and "prohibited". Starting in 1979, people who wished to acquire firearms were required to obtain a firearms acquisition certificate (FAC) from their local police agency. From 1995 to present, all firearms owners are required to possess a firearms licence—either a PAL, a possession-only licence (POL), an FAC, or a minor's licence. In April 2012, the Parliament of Canada enacted the Ending the Long-gun Registry Act to eliminate the requirement to register non-restricted firearms that had existed from 2001 to 2012. [2]

A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun. [3] In 2005, almost 3% of households in Canada possessed handguns, compared to 18% of U.S. households that possessed handguns. [4] Also in 2005, almost 16% of households in Canada possessed firearms of some kind. [4] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta, and British Columbia. [5]

On May 1, 2020, in the wake of a mass killing in Nova Scotia, Prime Minister Justin Trudeau announced an immediate prohibition on around 1,500 models of "military-grade assault-style weapons", mostly semi-auto rifles, via an order in council under the authority of the Criminal Code. [6] [7] This list was expanded in December 2024, adding over 300 more models as prohibited. [8] On October 21, 2022, the Government of Canada implemented a freeze on the sale and transfer of handguns with plans to introduce a gun buyback program. [9] As of January 2025, the buyback program has not yet started, reportedly due to Canada Post having concerns about employee security. [10]

History of firearm laws

In Canada, controls on civilian use of firearms date from the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause. [11] Amendments to the Criminal Code between the 1890s and the 1970s introduced a series of controls on firearms, including registration of handguns, and later, registration of fully automatic firearms. In the late 1970s, additional controls were introduced, followed by additional increases in controls in the mid-1990s.

The following is a summary of the history of gun control laws in Canada: [11] [12]

1885 - 1968

1969 - 2000

2001 - 2019

2020 -

Prime Minister Justin Trudeau’s remarks announcing a ban on "assault-style" firearms in Canada

Licensing of firearms owners

Individual firearms licences, 2019 [35]
JurisdictionPossession and acquisition licencesPopulation, 2019 [36] Licences per 100 people
Canada2,219,34437,811,3995.87
Flag of Alberta.svg  Alberta 326,5194,384,9827.45
Flag of British Columbia.svg  British Columbia 310,1935,130,2516.05
Flag of Manitoba.svg  Manitoba 93,4251,374,0816.80
Flag of New Brunswick.svg  New Brunswick 70,958780,6319.09
Flag of Newfoundland and Labrador.svg  Newfoundland and Labrador 77,116523,84714.72
Flag of the Northwest Territories.svg  Northwest Territories 6,02245,18913.33
Flag of Nova Scotia.svg  Nova Scotia 77,017976,4957.89
Flag of Nunavut.svg  Nunavut 3,85938,6259.99
Flag of Ontario.svg  Ontario 628,71414,638,2474.29
Flag of Prince Edward Island.svg  Prince Edward Island 6,530158,7784.11
Flag of Quebec.svg  Quebec 497,8628,542,1985.83
Flag of Saskatchewan.svg  Saskatchewan 113,1431,176,4279.62
Flag of Yukon.svg  Yukon 7,98641,64819.17

All licensing and registration is managed by the RCMP's Canadian Firearms Program (CFP), under the Deputy Commissioner Policing Support Services (PSS). There are three classes of firearms and firearm licences: non-restricted, restricted, and prohibited. Prohibited firearms are not forbidden outright, as the name might imply, but their legal possession and acquisition are dependent upon their registration history and an individual's firearm licence. [37] As of December 1, 1998, the prohibited clause must be grandfathered to acquire or possess prohibited firearms. See Classification of firearms below for complete details on prohibited, restricted and non-restricted firearms.

Individuals who wish to possess or acquire firearms in Canada must have a valid possession-acquisition, or possession-only, licence (PAL/POL); either of these licences allows the licensee to purchase ammunition. The PAL is distributed exclusively by the RCMP and is generally obtained in the following three steps:

  1. Safety training: To be eligible to receive a PAL, all applicants must successfully complete the Canadian Firearms Safety Course [38] (CFSC) for a non-restricted licence, and the Canadian Restricted Firearms Safety Course [39] (CRFSC) for a restricted licence (RPAL); the non-restricted class is a prerequisite to the restricted licence. An individual must score 80% or higher to pass the courses. Each province/territory's chief firearms officer publishes information on the locations and availability of these courses. [40]
  2. Applying for a licence: Only two types of licences are available to new applicants: the possession-acquisition licence (PAL) and the restricted-class possession-acquisition licence (RPAL). People can request a PAL/RPAL by filling out Form CAFC 921. [41]
  3. Security screening: enhanced background check and interviews with current and former conjugal partners, as well as interviews with two references are performed. All applicants are screened, and a mandatory 28-day waiting period is imposed on first-time applicants, but final approval time may be longer. [42]

Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed for restricted firearms (RPAL), an individual can request a firearm transfer for the restricted firearm; [43] and an authorization to transport (ATT) for restricted firearms. [44] People may hunt with firearms in Canada only with non-restricted firearms, and this requires an additional "Hunting with Firearms" course.

Laws and regulations

Prohibited devices

Prohibited ammunition

Magazine capacity

Common 7.62x39mm AR-15 30 round magazines that have been pinned to 5 rounds PinnedARMag.jpg
Common 7.62×39mm AR-15 30 round magazines that have been pinned to 5 rounds

Magazines designed to contain centre-fire cartridges and designed or manufactured for use in a semiautomatic handgun are limited to 10 cartridges. Magazines designed to contain centre-fire cartridges and designed or manufactured for use in a semiautomatic rifle are limited to 5 cartridges. The capacity is measured by the kind of cartridge the magazine was designed to contain. In some cases the magazine is capable of containing more than 10 rounds of a different calibre; however, that is not relevant in the determination of the maximum permitted capacity. [52]

The maximum permitted capacity of a magazine is determined by the kind of firearm it is designed or manufactured for and not the kind of firearm that might actually use it. As a consequence, the maximum permitted capacity remains the same regardless of which firearm it might be used in. Example: The Marlin Camp carbine chambered for .45 ACP uses magazines designed and manufactured for the M1911 pistol, therefore the seven- and eight-round capacities are permitted. A similar example is the 10-round capacity magazine for the Rock River Arms LAR-15 pistol, regardless of the kind of firearm it is actually used in. [52]

Many common magazines are manufactured to hold more rounds than law allows in Canada. These magazines must be permanently altered so they no longer hold more than the number of rounds (5 for semi-auto rifles, 10 for pistols) allowed by law. Acceptable ways to alter a magazine are set out in the Criminal Code regulations. [45]

Age restrictions/Minor's Licence

By law, a potential customer must be 18 years of age or older to purchase a firearm (non-restricted or restricted) or legally maintain possession of one. Minors 12-17 may procure a minor's licence, which does not allow them to purchase a firearm but allows them to borrow a non-restricted firearm unsupervised and purchase ammunition. Children under the age of 12 that are found to need a non-restricted firearm to hunt or trap may also be awarded the minor's licence. This is generally reserved for children in remote locations, primarily aboriginal communities that engage in subsistence hunting. [53]

Registration

As of January 1, 2001, all firearms in Canada were required to be registered with the Canadian Firearms Registry. Unlike restricted-class firearms, in order to legally own a fully automatic firearm in Canada the prohibited-class firearm needs to not only have a current registration but must also have been registered prior to 1978. [54]

The repeal of the long-gun registry had been a long-standing campaign promise of the Conservative Party. [55] In early 2006, the Conservative Party became the largest party in the House of Commons, and the new government announced an amnesty period of one year (later extended by a further year) in which licensed or previously licensed long-gun owners would not be punished for not registering their long guns. The legal requirement to register as set forth by law was not revoked; legislation to revoke the requirement to register long guns was introduced by the government during the 39th Parliament but was not brought to a vote. It was opposed by the Opposition parties who together had a majority of seats in the House of Commons. Similar legislation was again brought forward in the form of private member's Bill C-391 during the 40th Parliament but was narrowly defeated on September 22, 2010. [56] During the 41st Parliament the newly formed Conservative majority government again introduced legislation to repeal the requirement to register non-restricted firearms and to destroy the registry database. Bill C-19, known as the Ending the Long-gun Registry Act, passed both the House and Senate and received royal assent on April 5, 2012. [57] Following the 2012 changes to the law, Canadians were no longer required to register non-restricted firearms. Further, existing public records kept by the Canadian Firearms Registry with regards to owners of non-restricted firearms were purportedly expunged. [58] The requirement for all firearms owners to possess a valid firearms licence remained law. [59]

Though the Ending the Long-gun Registry Act applied across Canada, implementation of the law was temporarily delayed in Quebec, after the provincial government challenged the repeal in the courts. In 2015, the Supreme Court of Canada ruled against Quebec, entirely eliminating non-restricted registry records. However, the government of Quebec received a partial copy of the deleted federal firearms registry, and created a provincial firearms registry. [60] The government of Quebec gave residents until January 29, 2019, to register non-restricted firearms within the province with the Quebec Firearms Registration Service (SIAF). [61]

Following the 2020 Nova Scotia attacks, the minority Liberal government under Justin Trudeau, announced a nationwide ban on "military style weapons" and "assault-style weapons". Neither of these two classifications had existed previously under Canadian law, but the policy effectively moved around 1500 types of firearms from the restricted and non-restricted categories to the prohibited column alongside automatic long-guns. [62] Though a buyback program is being formulated for these types of weapons, it is not currently expected to be mandatory. [63]

Legality of self-defence

The issue of the legality of self-defence with a firearm in Canada has been the subject of controversy. While self-defence is legal, it is very restricted. Use of force with a firearm is legal as long as the accused can prove that their life was in danger and that the force used was not excessive. The framework for determining if an act of self-defence was legally justified is laid out in Sections 34 and 35 of the Criminal Code. [64] [65]

Obtaining a PAL for self-defence is possible, as there is no legal justification requirement for obtaining one (provided that the applicant does not pose a risk to themselves or others). [66] However, self-defence being the primary reason for obtaining a PAL is generally discouraged and may arouse suspicion if discovered during the application process. RPALs are only issued for self-defence to those with a valid Authorization to Carry (ATC), [67] which in turn is almost impossible to obtain.

An Authorization to Carry can only issued for self-defence if there is credible proof that a person's life is being actively targeted in a way which police cannot provide sufficient protection. [68] [69] This situation is extremely rare: the public RCMP Authorization to Carry application refers only to protection of life during employment that involves handling of valuable goods or dangerous wildlife, [70] obtaining an ATC for self-defence would presumably require an inside contact.

Classifications

Like licences, firearms are classified into prohibited, restricted and non-restricted categories, as defined by Part III of the Criminal Code. [71] The correct licence is required to acquire and possess the category of firearm (PAL for non-restricted, RPAL for restricted, Prohib 12.x for prohibited).

Prohibited

A prohibited firearm requires a prohibited-class (grandfathered) possession and acquisition licence to acquire and possess at a minimum. The licences will indicate which categories the individual or business has been grandfathered into. (12.2, 12.3, 12.4, 12.5, 12.6, 12.7)

Restricted

Requires a restricted possession and acquisition licence (RPAL) to acquire and possess at a minimum. RPALs may be issued to applicants who meet one or more of the following: [67]

Canada's federal laws severely restrict the ability of civilians to transport restricted or prohibited (grandfathered) firearms in public. Section 17 of the Firearms Act makes it an offence to possess prohibited or restricted firearms other than at a dwelling-house or authorized location, but there are two exceptions to this prohibition found in sections 19 and 20 of the act. Section 19 allows for persons to be issued an authorization to transport (ATT), authorizing the transport of a firearm outside the home for certain purposes, such as for its transfer to a new owner, going to and from a range, a training course, repair shop or gun show, or when the owner wishes to change the address where the firearm is stored. Such firearms must be transported unloaded, equipped with a trigger lock and stored in secure, locked containers. In rarer cases, section 20 of the act allows individuals to receive an authorization to carry, or ATC, granting permission to carry loaded restricted firearms or (section 12(6)) prohibited handguns on their persons for certain reasons specified in the act. These reasons are as follows: if the person is a licensed trapper and carries the firearm while trapping, if the person is in a remote wilderness area and needs the firearm for protection against wildlife, if the person's work involves guarding or handling money or other items of substantial value, or if the person's life is in imminent danger and police protection is inadequate to protect the person. [69] This is extremely rare, data from FOI requests reveals that only around one or two permits for protection of life are ever active at any given time. [78] The vast majority of ATCs issued are to employees of armoured car companies to allow carry of a company owned firearm only while working. [79] Restrictions are as follows:

Non-restricted

Antique

A category that includes several different categories of firearm designed before 1898, although not all firearms built before this cutoff date are eligible for antique classification. Guns considered antiques are not legally considered firearms, and can be purchased and owned without a PAL. [80] The following types of firearm are classified as antiques if they were both designed and manufactured before 1898:

The following guns are considered antiques if they were designed before 1898, regardless of manufacture date, making modern replicas free to possess:

Handguns

As of 2022, a national freeze was placed on the sale and transfer of handguns. [9] However, this did not change the classification of handguns. Those who owned handguns prior to the freeze may continue to possess and use them in accordance with the law, however they cannot acquire new ones or transfer their existing ones to someone else. One may lawfully export them to another country, but they cannot be imported back in afterwards. Exceptions to the freeze include those who are authorized to carry a handgun, and those who are involved with shooting competitions organized by the International Olympic Committee or the International Paralympic Committee. [32]

Violent crime, suicide, and accidents

In the years immediately following the introduction of firearms licensing in Canada in 1976, the overall homicide rate did not significantly decline. Increases were seen in the proportion of murders committed by methods other than shooting; but these homicides were less likely to involve multiple victims. [81] From 1977 to 2003, Canada firearm homicide has declined from 1.15 to 0.5 per 100,000, while other mechanisms declined from 1.85 to 1.23 per 100,000. [81] [82]

A comprehensive review of firearm control legislation found that studies on the effects of the 1977 bill C-51 and bill C-68 from 1995 on firearm homicide rates came to differing conclusions, but generally found that bill C-17 from 1991 was not associated with an overall reduction of firearm homicide. [83] A 2011 study found no significant associations between gun laws passed and firearm homicide rates in Canada from 1974 to 2008. [84] A 2020 study examining laws passed from 1981-2016 found no significant changes in overall homicide or suicide rates following changes in legislation. In addition, it also found that firearm ownership by province was not correlated to overall suicide rates by province. [85]

As of 2010, shooting and stabbing represented the two most common mechanisms for homicide in Canada, each accounting for approximately one-third of murders. [86]

Overall suicide in Canada peaked in 1978 at 14.5 per 100,000, [87] declining by 22% (11.3 per 100,000) by 2004. [88] Several studies have found that the 1977 bill C-51 was linked to lower suicide and firearm suicide rates in Canada. [83] Several studies examining the effect of bill C-17 (primarily using data from Quebec) found that it was associated with a decline in firearm suicides, but that the rate of overall suicides did not change, largely because of a rise in suicides due to hanging, suggesting a substitution of suicide methods. [83]

Accidental death, of any kind, claimed 27.9 people per 100,000 in 2000. Of these, firearms accidents accounted for 0.3% (0.1 per 100,000), ranking below the 37% for transportation (10.2 per 100,000), 28% for unspecified (7.7 per 100,000), 18% for falls (5.1 per 100,000), and 11% for poisoning (3.1 per 100,000). [89] Two studies by Leenaars and Lester using national data from 1969 to 1985 find that bill C-51 was associated with a reduced accidental death rate from firearms. [83]

Statistics

Firearm-related violent crimes by type of firearms in Canada 2009 to 2022.png

The rate of firearm-related violent crime has significantly increased in the past decade, mainly due to specific violent offences involving firearms such as discharging a firearm with intent and pointing a firearm. This rate more than doubled since 2013, reaching 12.2 incidents per 100,000 people in 2022. All provinces and territories have seen growth in these crimes, with the largest increases noted in the Northwest Territories (+303%), Saskatchewan (+165%), Yukon (+149%), and New Brunswick (+126%). [90]

Saskatchewan had the highest rate of firearm-related violent crime in 2022 at 109.6 incidents per 100,000, while Prince Edward Island had the lowest at 10.0. Regina recorded the highest percentage of such crimes among census metropolitan areas at 83.0 incidents per 100,000. [90]

The increase was particularly prominent in territories (+139%) and rural areas (+141%). Handguns and unidentified firearm-like weapons saw the largest increases since 2013. In 2022, firearms were involved in 1.7% of injuries from violent crimes, with a higher percentage in severe cases. Most victims of firearm-related crimes were men (66%), and most accused individuals were also men (89%), although the rate of accused women rose significantly. Organized crime accounted for a higher proportion of firearm-related incidents compared to general violent crimes. The firearm-related homicide rate reached its highest since 1991 at 0.88 incidents per 100,000, primarily due to handguns. [90]

See also

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References

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