Conditions of Transferring Firearms and Other Weapons Regulations

Contents

Whereas, pursuant to section 118 of the Firearms Act, the Minister of Justice had the proposed Conditions of Transferring Firearms and other Weapons Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 23(e) and 24(2)(d), section 26, paragraphs 27(d), 30(c) and 32(a) and (c) and section 117 of the Firearms Act, hereby makes the annexed Conditions of Transferring Firearms and other Weapons Regulations.^note

Interpretation

1 #

The definitions in this section apply in these Regulations.

Act means the Firearms Act. (Loi)

approved verifier [Repealed, SOR/2004-279, s. 1]

Firearms Identification System [Repealed, SOR/2004-279, s. 1]

non-restricted firearm [Repealed, SOR/2022-91, s. 5]

public agency identification number has the same meaning as in section 1 of the Public Agents Firearms Regulations. (numéro d'identification)

verify [Repealed, SOR/2004-279, s. 1]

2 #

[Repealed, SOR/2004-279, s. 2] (repealed)

Transfers of Firearms

Conditions

3 #

(1)For the purposes of paragraph 23.2(1)(f) of the Act, a transferor must meet the condition that they provide the Registrar with the names and the licence numbers of the transferor and the transferee.

(2)[Repealed, SOR/2004-279, s. 3] (repealed)

(3)For the purposes of paragraph 23.2(1)(f) of the Act, the transferee must meet the following conditions:

(a)if the transferee is an individual and the firearm is a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act, the transferee must inform the chief firearms officer of their reasons

(i)for needing the restricted firearm or handgun

(A)to protect the life of that individual or of other individuals, or

(B)for use in connection with his or her lawful profession or occupation, or

(ii)for wishing to acquire the restricted firearm or handgun

(A)for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29 of the Act, or

(B)to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30 of the Act; and

(b)if the transferee wishes to acquire a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act to form part of their gun collection, the transferee must provide the chief firearms officer with

(i)information regarding the transferee’s knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms or handguns that he or she possesses,

(ii)the transferee’s signed consent to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept, and

(iii)details of the transferee’s understanding of the requirements set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations respecting the secure storage of restricted firearms or handguns.

(c)[Repealed, SOR/2004-279, s. 3] (repealed)

Condition Precedent Before Authorizing a Transfer

4 #

The chief firearms officer may only authorize the transfer of a restricted firearm or prohibited firearm if the officer determines that it is not contrary to the interests of the safety of the transferee or any other person to transfer the firearm.^note

Handguns

4.1 #

The chief firearms officer may authorize the transfer of a handgun to an individual only if the individual needs the handgun

(a)to protect the life of that individual or of other individuals;

(b)for use in connection with his or her lawful profession or occupation; or

(c)to train, compete or coach in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee, and the individual provides a letter to a chief firearms officer from a provincial or national sport shooting governing body indicating

(i)that the individual trains, competes or coaches in such a discipline,

(ii)the specific discipline in which the individual trains, competes or coaches, and

(iii)that the handgun that the individual seeks to acquire is necessary for training, competing or coaching in that specific discipline.

^note

Information Relating to Transferee’s Licence

5 #

The prescribed information for the purpose of subsection 23(2) of the Act is the information set out on the front of the transferee’s licence, including the photograph.^note

6 #

For the purposes of the issuance of a reference number under section 23 of the Act, the transferor must

(a)confirm, when making a request referred to in paragraph 23(1)(b) of the Act to the Registrar, that they have taken reasonable steps to verify that the transferee is the holder of the licence, including

(i)in the case of a transfer that is completed in person, whether in whole or in part, by comparing the photograph on the licence with the person presenting themselves as the transferee, and

(ii)in all other cases,

(A)by using the method set out in paragraph (a), or

(B)if the comparison cannot be undertaken using that method, by comparing the information on the transferee’s licence with that on another piece of photo identification that has been issued by the Government of Canada or a provincial or municipal government; and

(b)provide the Registrar with

(i)the transferee’s licence number, and

(ii)any other information requested by the Registrar.

^note

Period of Validity of Reference Number

7 #

The prescribed period for the purposes of subsection 23(4) of the Act is 90 days.^note

8 and 9 #

[Repealed, SOR/2004-279, s. 5] (repealed)

Transfers to Her Majesty, a Police Force or a Municipality

Transfers of Firearms

10 #

For the purposes of subsection 26(1) of the Act, a transferor must comply with the following conditions to transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality:

(a)the transferor must provide the Registrar with

(i)the name and licence number of the transferor,

(ii)the date of the transfer,

(iii)the number of the registration certificate for the firearm and its firearms identification number, and

(iv)the name and public agency identification number of the transferee; and

(b)the transferor must obtain a receipt from the transferee that identifies the date of the transfer and describes the firearm transferred.

^note

Transfers of Prohibited Weapons, Restricted Weapons, Prohibited Devices, Ammunition and Prohibited Ammunition

11 #

For the purposes of subsection 26(2) of the Act, to transfer a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality, a transferor must obtain a receipt from the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force or a municipality that identifies the date of the transfer and describing the goods transferred.^note

Transfers by Mail

12 #

For the purposes of section 32 of the Act, before transferring a firearm by mail, a transferor must obtain all copies of registration certificates and authorizations that the Act requires for the transfer to occur.^note

13 #

[Repealed, SOR/2004-279, s. 9] (repealed)

Coming into Force

14 #

These Regulations come into force on December 1, 1998.^note

Related provisions

— SOR/2022-219, s. 2Section 4.1 of the Conditions of Transferring Firearms and Other Weapons Regulations does not apply in respect of the transfer of a handgun to an individual if the transferor sought the authorization of the chief firearms officer, as defined in subsection 2(1) of the Firearms Act, to transfer the handgun under paragraph 23.2(1)(d) of that Act before the day on which these Regulations come into force.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.