CC § 84 (1) „restricted firearm“ (b): If a firearm has a barrel length of less than 18.5 inches/470 mm AND it is a centre fire AND is semi-automatic, this combination forces the firearm into the restricted firearm category. In such a case, it does not matter how the barrel arrived at this length. The rule is the same regardless of the length that is too short – but note carefully that this rule is replaced by the next lower rule if the barrel is shortened to less than 18″ / 457mm by cut or substitution. This is a case where „the specific prevails over the general“. All licences and registrations are managed by the RCMP`s Canadian Firearms Program (CFP), which reports to the Deputy Commissioner, Police Services (PSS). There are three categories of firearms and firearms licences: non-restricted, restricted and prohibited. Prohibited firearms are not directly prohibited, as the name suggests, but their legal possession and acquisition depend on their registration history and an individual`s firearms licence. [32] Since December 1, 1998, the prohibition clause must have acquired rights to acquire or possess prohibited firearms. See the firearms classification below for full details on prohibited, restricted and non-restricted firearms. The legality of self-defence with a firearm has been controversial in Canada. While self-defence is legal, it is very limited (it developed because of R v Khill).
The Penal Code recognizes self-defence with a firearm. The Firearms Act, 1995 provides a legal framework within which a person can acquire, possess and carry a restricted firearm or (a certain class of prohibited firearms) to protect themselves from others if police protection is deemed insufficient. [56] This situation is extremely rare: the RCMP`s authorization to transport applications relates only to the protection of life during employment, which involves handling valuables or dangerous wildlife. [57] Therefore, a Browning Auto-5 or Remington Model 11-87 shotgun with an 18-5/8″/474mm barrel is unrestricted. Cut the barrel to 18-1/4″/464mm and it will become a „restricted firearm“. Cut it again – to 17-7/8″/454mm – and it becomes a „prohibited firearm“. It`s amazing how cutting 3/8″/10mm barrel rings changes the basic character of the weapon, with less than an inch of total length change! While self-defense is rarely considered a legal reason for obtaining a PAL, the use of force with a firearm is legal as long as the accused can prove that his or her life was in danger. Sections 34 and 35 of the Criminal Code provide the legal framework for the use of force against intruders.
[58] [59] As of January 1, 2001, all firearms in Canada must be registered in the Canadian Firearms Registry. Unlike other restricted firearms, to legally possess a fully automatic firearm in Canada, the long gun must not only be registered up to date, but must also have been registered before 1978. [43] Example: A Remington Model 870 shotgun equipped with a 12″/305mm Scattergun Technologies barrel and Pachmayr pistol grip has a total length of less than 26″/660mm, but is NOT „prohibited“. It is a „prohibited firearm“ if it was done to a Remington 870 that left the factory with these parts, but it is not restricted if it was restored and left the Scattergun Technologies plant with them. It doesn`t have to make sense – it`s GOVERNMENT POLICY. By law, a potential customer must be at least 18 years of age to purchase a firearm or legally possess a firearm. Persons under the age of 18 but over the age of 12 can obtain a juvenile driver`s licence, which does not allow them to purchase a firearm, but to borrow an unattended firearm and purchase ammunition. Children under the age of 12 who need a firearm to hunt or fall can also obtain the minor`s driver`s license. This is usually reserved for children in remote areas, especially indigenous communities that practice subsistence hunting. [42] Possession of illegal firearms in Canada is subject to severe penalties and seizures. My compilation of this collection of demonstrations of idiocy was deliberate.
The law has apparently tried to ban certain barrel or gun lengths – and has failed miserably because the limits are all conditional. Assembling the parts needed to turn one of your firearms into one of my configurations above is something you can do as a hobby. It`s a risky hobby. You may be forced to defend the legality of what you have done or done in court – at a high cost – because a police officer does NOT understand all of the above technical details. They can even be convicted – because a judge doesn`t understand gun law. Did you understand it before reading ALL this article? Are you SURE you understand the limitations NOW? In May 2020, following the mass shooting in Nova Scotia, the federal government immediately banned assault weapons. It is now illegal to buy, sell, import, transport or use 1,500 types of assault weapons in Canada. Mufflers, also known as gun suppressors, are illegal in Canada. However, some people have the right to possess and transport them. This includes people with grandfather privileges.
However, you can`t buy just any gun. It is illegal for anyone in Canada (except the police and military) to possess automatic weapons, sawed-off shotguns and rifles. There are also other restrictions you need to be aware of, many of which have been introduced in recent years. Non-restricted rifles and shotguns can be used in Canada for wilderness protection. Essentially, this means you can carry an unrestricted rifle or shotgun for hunting. Some areas also prohibit firearms, such as Banff National Park. Firearms can be banned for a variety of reasons, ranging from barrel length and type of action to the appearance and name of the model. So, in general, you can`t carry a gun in public. But what if you`re on your own property? For example, can you do targeted exercises at home? The answer to this question is not simple. Each zone has its own regulations, so you need to check the statutes of your area. More rural areas can allow this, provided they have some distance from major highways, paved roads and residential buildings.
Other areas will be too densely populated. NOTE: The firearm will NOT be forced to enter the „prohibited firearm“ category if it leaves the factory with a barrel less than 18″ / 457mm in length. For example, I have a 30-round fire semi-automatic .22 rifle with a 9-3/4″ barrel, a single-shot .410 shotgun with an 11-3/4″ barrel, two 12-gauge shotguns with a 14″ barrel, a .22 rimfire shotgun with a custom 17-7/8″ barrel, and a .223 caliber rifle with a 14″ barrel – AND NOT ALL OF THEM ARE RESTRICTED. THIS IS BECAUSE THEY LEFT THE FACTORY WITH THESE BARRELS OR WERE LATER FITTED WITH FACTORY DESIGNS OR CUSTOMIZED IN THESE LENGTHS and were NEVER fitted with a longer barrel. They left the factory without a barrel, and so a 14-inch barrel could be legally assembled. In addition, many firearms have been declared prohibited by Order in Council for reasons other than barrel length or function. Many „scary“ military rifles were banned from this base, such as the AK-47 and the FN FAL. A category that includes several different categories of firearms developed before 1898, although not all firearms built before that date are eligible for antiquities classification. Weapons that are considered antiques are not legally considered firearms and can be purchased and possessed without a PAL. [69] The following types of firearms are classified as antiques if they were designed and manufactured before 1898: It is IMPORTANT to understand what you can and cannot do. The non-restricted firearms category includes all other rifles and shotguns that do not fall into the above categories. You cannot bring a sporting rifle or shotgun into Canada unless you intend to use it for one of the following purposes: CC § 84 (1) „prohibited firearm“ (b): This is another clause of the same Act – the one cited above – and it applies in the same way.
If the firearm reaches the state „less than 26″/660 mm total length by „sawing, cutting“, etc., it is forcibly placed in the category „prohibited firearm“. If he left the factory on this too short length, the limit does not apply. It is unrestricted unless it is a semi-automatic AND central shot. Abolishing the long-gun registry was a long-standing election promise of the Conservative Party. [44] In early 2006, the Conservative Party became the largest party in the House of Commons, and the new government announced a one-year amnesty period (later extended by another year) during which long-gun owners with a previous licence would not be penalized for not registering their long guns. The legal requirement for registration has not been repealed; Legislation abolishing the registration requirement for long guns was introduced by the government during the 39th Parliament, but was not put to a vote.
