Restricted firearms are a big deal in Canada and you should know the ins and outs of the law for weapons offences. Owning an antique firearm grants you an exception from some of the rigorous laws associated with owning a weapon.
There are unique laws associated with antiques that grant protection from regular licensing requirements. A good weapons offence lawyer can help you stay on the right side of the law.
What should you know before buying or selling an antique firearm? Here are the criteria for defining what an antique firearm is and what a specific licence requires when you own one of these firearms:
What Is Defined As an Antique Firearm?
Before exploring the legality of antique firearms, it is imperative to know what falls into this category. Having a solid working definition allows you to categorize the firearms you own.
Under the Criminal Code, there are two main categories for this type of weapon:
- A firearm manufactured prior to 1898 that is not capable of discharging rim-fire or centre-fire ammunition and has not been redesigned to do so
- A firearm prescribed to be an antique
By definition, antique firearms could fall into any category including handguns, shotguns, or rifles. Make sure you understand the types of antique firearms before considering whether you need a licence in order to buy and sell these weapons.
Types of Antique Firearms
While the definition of an antique firearm might be fairly vague, this is good news for collectors; there is a lot of flexibility in what falls into this category. Firearms of all types can meet the criteria for antiques if they have some of the following characteristics:
- Manufactured before 1898
- No discharging centre-fire cartridges or rim-fire cartridges
- Not modified to do the above
In other words, the Antique Firearms Act covers any matchlock firearm, wheel lock, flintlock, or cap and ball firearm that was manufactured before 1898 and has had no adjustments to its functioning. However, it can also apply to reproductions of flintlock, wheel lock, or matchlock firearms after 1897.
There is one exception to this rule about reproductions: Cap-and-ball long arms and handguns do not fall into this category.
Other types of antique firearms include:
- Rifles: A rifle manufactured to discharge only rim-fire cartridges other than a 22 calibre long rifle or short rifle or a rifle manufactured for discharging centre-fire cartridges with a smooth or rifled bore and a bore diametre of 8.3 mm are considered antiques.
- Shotguns: A shotgun manufactured to discharge only rim-fire cartridges other than 22 calibre short, long, or long rifle or capable of discharging centre-fire cartridges other than 10, 12, 16, 20, 28, or 410 cartridges is considered antique.
- Handguns: A handgun manufactured to discharge only rim-fire cartridges or centre-fire cartridges with some exceptions are considered antiques. Exceptions include handguns manufactured to discharge 32 Short or Long Colt, 32 Smith and Wesson or Smith and Wesson Long, 38 Smith and Wesson, 38 Short Colt or Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt.
Do I Need To Licence My Antique Firearms?
Many people want to collect these relics of the past but don’t want the hassle of having to meet licence and registration requirements. The good news is that if your weapon meets the above definitions, antique firearm licensing is not required.
Unlike some other types of restricted firearms, you can do away with the need to have a firearms licence and you don’t need to register anything manufactured before 1898. You also may not need to register any black powder reproductions like a flintlock, wheel lock, or matchlock firearm.
Ensure you are positive that your firearms fall into the category of antiques to avoid the legal repercussions of illegally owning a modern weapon capable of discharging modern ammunition.
Is It Legal To Buy or Sell an Antique Firearm?
If you want to add to your collection of antique firearms, you might wonder what the law requires for those who would buy and sell. Fortunately, the law is fairly flexible on what you can do with some of these older weapons.
Because they don’t require a licence, it is perfectly acceptable to legally buy and sell an antique firearm. You can even give them away as a gift or as part of an inheritance if you want to lighten your load but don’t want the headache of buying and selling. Giving a loved one a relic of the past can be a great gift.
You can even barter for/with one of these firearms and it is perfectly legal. This is good news for anyone looking to add an antique to their collection; you won’t have to jump through legal hoops to obtain one.
Get Help for Your Weapons Offences
Do you need help facing a weapons offence, either related to antique firearm possession or something else? You require the help of a skilled weapons offence lawyer in Winnipeg like Brodsky Amy & Gould. We can help you face the charges against you and give you peace of mind.
If you are facing charges, don’t hesitate to reach out to us today to see how we can help you lessen your sentence and minimize the repercussions. We are happy to discuss the ins and outs of whether your collection falls under the umbrella of antique firearms.
The post Are Antique Firearms Legal In Canada? appeared first on Brodsky Amy & Gould.
Brodsky Amy & Gould 