Firearms Act

This Act may be cited as the Firearms Act.

In this Act,

authorization to carry means an authorization described in section 20; (autorisation de port)

authorization to export means an authorization referred to in section 44 and includes a permit to export goods that is issued under the Export and Import Permits Act and that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export; (autorisation d’exportation)

authorization to import means an authorization referred to in section 46; (autorisation d’importation)

authorization to transport means an authorization described in section 19; (autorisation de transport)

business means a person who carries on a business that includes and includes a museum; (entreprise)

the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawnbroking, transportation, shipping, distribution or delivery of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition,

the possession, purchase or sale of ammunition, or

the purchase of cross-bows

carrier means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition; (transporteur)

chief firearms officer means

in respect of a province, the individual who is designated in writing as the chief firearms officer for the province by the provincial minister of that province,

in respect of a territory, the individual who is designated in writing as the chief firearms officer for the territory by the federal Minister, or

in respect of any matter for which there is no chief firearms officer under paragraph (a) or (b), the individual who is designated in writing as the chief firearms officer for the matter by the federal Minister; (contrôleur des armes à feu)

commencement day, in respect of a provision of this Act or the expression “former Act” in a provision of this Act, means the day on which the provision comes into force; (date de référence)

Commissioner means the Commissioner of Firearms appointed under section 81.1; (commissaire)

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

customs office has the meaning assigned by subsection 2(1) of the Customs Act; (bureau de douane)

customs officer has the meaning assigned to the word “officer” by subsection 2(1) of the Customs Act; (agent des douanes)

federal Minister means the Minister of Public Safety and Emergency Preparedness; (ministre fédéral)

firearms officer means

in respect of a province, an individual who is designated in writing as a firearms officer for the province by the provincial minister of that province,

in respect of a territory, an individual who is designated in writing as a firearms officer for the territory by the federal Minister, or

in respect of any matter for which there is no firearms officer under paragraph (a) or (b), an individual who is designated in writing as a firearms officer for the matter by the federal Minister; (préposé aux armes à feu)

former Act means Part III of the Criminal Code, as it read from time to time before the commencement day; (loi antérieure)

museum means a person who operates a museum

in which firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition are possessed, bought, displayed, repaired, restored, maintained, stored or altered, or

in which ammunition is possessed or bought; (musée)

non-resident means an individual who ordinarily resides outside Canada; (non-résident)

prescribed means

in the case of a form or the information to be included on a form, prescribed by the federal Minister, and

in any other case, prescribed by the regulations; (réglementaire)

provincial minister means

in respect of a province, the member of the executive council of the province who is designated by the lieutenant governor in council of the province as the provincial minister,

in respect of a territory, the federal Minister, or

in respect of any matter for which there is no provincial minister under paragraph (a) or (b), the federal Minister; (ministre provincial)

regulations means regulations made by the Governor in Council under section 117. (règlements)

Unless otherwise provided, words and expressions used in this Act have the meanings assigned to them by section 2 or 84 of the Criminal Code.

Sections 5, 9, 54 to 58, 67, 68 and 70 to 72 apply in respect of a carrier as if each reference in those sections to a chief firearms officer were a reference to the Registrar and for the purposes of applying section 6 in respect of a carrier, paragraph 113(3)(b) of the Criminal Code applies as if the reference in that section to a chief firearms officer were a reference to the Registrar.

[Repealed, 2024, c. 30, s. 13]

For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.

This Act is binding on Her Majesty in right of Canada or a province.

Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.

The purpose of this Act is

to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of

licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and

licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code;

to authorize, firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and

notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and

notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,

to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.

A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine.

In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person

has been convicted or discharged under section 730 of the Criminal Code of

an offence in the commission of which violence against another person was used, threatened or attempted,

an offence under this Act or Part III of the Criminal Code,

an offence under section 264 of the Criminal Code (criminal harassment),

an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act;

has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person;

has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;

is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person;

in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intimate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or

for any other reason, poses a risk of harm to any person.

For greater certainty, for the purposes of paragraph (2)(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network.

Despite subsection (2), in determining whether a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).

A person is eligible to hold a licence only if the person is not prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition.

Subsection (1) is subject to any order made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment).

Subject to section 70.3 and the regulations, an individual is not eligible to hold a licence if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family.

An individual is eligible to hold a licence only if the individual

successfully completes the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and passes the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;

passed, before the commencement day, the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course;

successfully completed, before January 1, 1995, a course that the attorney general of the province in which the course was given had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act;

passed, before January 1, 1995, a test that the attorney general of the province in which the test was administered had, during the period beginning on January 1, 1993 and ending on December 31, 1994, approved for the purposes of section 106 of the former Act; or

on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence.

An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual

successfully completes a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and passes any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course;

passed, before the commencement day, a restricted firearms safety test, as administered by an instructor who is designated by a chief firearms officer, that is approved by the federal Minister; or

on the commencement day, was an individual referred to in paragraph 7(4)(c) as it read immediately before that day and held a licence authorizing the individual to possess prohibited firearms or restricted firearms.

An individual against whom a prohibition order was made

is eligible to hold a licence only if the individual has, after the expiration of the prohibition order,

successfully completed the Canadian Firearms Safety Course, as given by an instructor who is designated by a chief firearms officer, and

passed the tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that Course; and

is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual has, after the expiration of the prohibition order,

successfully completed a restricted firearms safety course that is approved by the federal Minister, as given by an instructor who is designated by a chief firearms officer, and

passed any tests, as administered by an instructor who is designated by a chief firearms officer, that form part of that course.

Subsections (1) and (2) do not apply to an individual who

in the prescribed circumstances, has been certified by a chief firearms officer as meeting the prescribed criteria relating to the safe handling and use of firearms and the laws relating to firearms;

is less than eighteen years old and requires a firearm to hunt or trap in order to sustain himself or herself or his or her family;

[Repealed, 2015, c. 27, s. 4]

requires a licence merely to acquire cross-bows; or

is a non-resident who is 18 years old or older and by or on behalf of whom an application is made for a 60-day licence authorizing the non-resident to possess non-restricted firearms.

Subsection (3) does not apply to an individual in respect of whom an order is made under section 113 of the Criminal Code (lifting of prohibition order for sustenance or employment) and who is exempted by a chief firearms officer from the application of that subsection.

An individual who is less than eighteen years old and who is otherwise eligible to hold a licence is not eligible to hold a licence except as provided in this section.

An individual who is less than eighteen years old and who hunts or traps as a way of life is eligible to hold a licence if the individual needs to hunt or trap in order to sustain himself or herself or his or her family.

An individual who is twelve years old or older but less than eighteen years old is eligible to hold a licence authorizing the individual to possess, in accordance with the conditions attached to the licence, a firearm for the purpose of target practice, hunting or instruction in the use of firearms or for the purpose of taking part in an organized competition.

An individual who is less than eighteen years old is not eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms or to acquire firearms or cross-bows.

An individual who is less than eighteen years old is eligible to hold a licence only if a parent or person who has custody of the individual has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence.

A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible under sections 5 and 6 to hold a licence authorizing that activity or the acquisition of restricted firearms.

A business other than a carrier is eligible to hold a licence only if

a chief firearms officer determines that no individual who stands in a prescribed relationship to the business need be eligible to hold a licence under section 7; or

the individuals who stand in a prescribed relationship to the business and who are determined by a chief firearms officer to be the appropriate individuals to satisfy the requirements of section 7 are eligible to hold a licence under that section.

Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire non-restricted firearms.

A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms.

A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence.

In subsection (3), “firearm” does not include a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon

from which any shot, bullet or other projectile can be discharged; and

that is capable of causing serious bodily injury or death to a person.

Subsection (1) does not apply in respect of a person who stands in a prescribed relationship to a business where a chief firearms officer determines that, in all the circumstances, the business should not be ineligible to hold a licence merely because of that person’s ineligibility.

Subsection (3) does not apply in respect of an employee of a museum

who, in the course of duties of employment, handles or would handle only firearms that are designed or intended to exactly resemble, or to resemble with near precision, antique firearms, and who has been trained to handle or use such a firearm; or

who is designated, by name, by a provincial minister.

[Repealed, 2003, c. 8, s. 13]

A business that is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition except as provided in this section.

A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.

A carrier is eligible to hold a licence authorizing the carrier to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.

An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual

on January 1, 1978 possessed one or more automatic firearms;

on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and

beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.

An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual

on August 1, 1992 possessed one or more automatic firearms

that had been so altered, and

for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;

on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and

beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered.

An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 12, made by Order in Council P.C. 1992-1690 of July 23, 1992 and registered as SOR/92-471 and that, on October 1, 1992, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

before July 27, 1992 possessed one or more firearms that were so declared;

on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

An individual is eligible to hold a licence authorizing the individual to possess firearms that were declared to be prohibited weapons under the former Act by the Prohibited Weapons Order, No. 13, made by Order in Council P.C. 1994-1974 of November 29, 1994 and registered as SOR/94-741 and that, on January 1, 1995, either were registered as restricted weapons under the former Act or were the subject of an application for a registration certificate under the former Act if the individual

before January 1, 1995 possessed one or more firearms that were so declared;

on the commencement day held a registration certificate under the former Act for one or more firearms that were so declared; and

beginning on the commencement day was continuously the holder of a registration certificate for one or more firearms that were so declared.

A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if

on December 1, 1998 the particular individual

held a registration certificate under the former Act for that kind of handgun, or

had applied for a registration certificate that was subsequently issued for that kind of handgun; and

beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

Subsection (6) applies in respect of a handgun

that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and

in respect of which

on December 1, 1998 a registration certificate had been issued to an individual under the former Act,

on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or

a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual

on the day on which the provision comes into force possesses one or more of those firearms; and

beginning on was continuously the holder of a registration certificate for one or more of those firearms.

the day on which that provision comes into force, or

in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued

An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individual

possesses one or more firearms of that class on a day that is prescribed with respect to that class;

holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; and

was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class.

A registration certificate may only be issued for a prohibited firearm or a restricted firearm.

A registration certificate for a handgun must not be issued to an individual.

A person is not eligible to hold a registration certificate for a firearm unless the person holds a licence authorizing the person to possess that kind of firearm.

A registration certificate may be issued only for a firearm

that bears a serial number sufficient to distinguish it from other firearms; or

that is described in the prescribed manner.

A registration certificate may not be issued for a firearm that is owned by Her Majesty in right of Canada or a province or by a police force.

A registration certificate for a firearm may be issued to only one person.

Subsection (1) does not apply in the case of a firearm for which a registration certificate referred to in section 127 was issued to more than one person.

Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

[Repealed, 2003, c. 8, s. 15]

An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;

to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or

if the individual

changes residence,

wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

wishes to transport the firearm to another individual or business that holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or

wishes to transport the firearm to a gun show.

In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b).

An individual who holds a licence authorizing the individual to possess a restricted firearm or a handgun referred to in subsection 12(6.1) must, if the licence is renewed, be authorized to transport it within the individual’s province of residence to and from all shooting clubs and shooting ranges that are approved under section 29. However, the authorization does not apply to a restricted firearm or a handgun referred to in subsection 12(6.1) whose transfer to the individual was approved for the purpose of having it form part of a gun collection.

If a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized to transport the firearm within the individual’s province of residence from the place where they acquire it to the place where they may possess it under section 17.