Firearm ownership in Canada is governed by strict regulations that define how different classes of firearms may be used, owned, or transferred. Understanding the distinction between prohibited firearms and restricted firearms is vital for anyone who owns, collects, or uses a rifle or shotgun. These classifications, outlined in the Criminal Code and the Firearms Act, determine what types of weapons can be legally possessed, the licensing requirements, and the penalties for misuse.
Overview Of Canadian Firearm Classifications
Under Canadian law, all firearms are divided into three categories: Non-restricted, restricted, and prohibited. Each classification has its own rules governing ownership, storage, and transport:
- Non-restricted firearms include most rifles or shotguns commonly used for hunting and target shooting.
- Restricted firearms include certain handguns and semi-automatic rifles that meet specific barrel length or design criteria.
- Prohibited firearms are the most tightly controlled; in most cases, civilians cannot acquire or possess them.
The chief firearms officer in each province or territory oversees licensing, authorizations, and compliance with these laws. Even antique firearms (while exempt from some provisions) are still subject to safety and transport regulations.
Prohibited Firearms: Definition And Examples
The Firearms Act defines a prohibited firearm as one that meets specific mechanical or dimensional criteria that make it unsafe or unsuitable for civilian use. Typically, these weapons are capable of firing in a semi-automatic manner or automatic mode, or they have been designed or adapted for concealment or rapid fire.
Common examples of prohibited firearms include:
- Automatic firearms capable of firing multiple rounds with a single pull of the trigger
- Handguns with a barrel equal to or less than 105 mm, or such a handgun designed to discharge .25 or .32 calibre ammunition
- Firearms with a barrel length equal to or less than 470 mm that are capable of being discharged when folded or reduced in size
- Converted automatics, which are guns that were originally automatic but altered to fire in a semi-automatic fashion
The list of firearms prescribed as prohibited can change through regulations or through Orders in Council. This includes certain air guns with a muzzle velocity or muzzle energy that meet specific thresholds.
In short, prohibited firearms are generally those considered to pose a higher public safety risk or to have no reasonable sporting or hunting purpose.
Restricted Firearms: Definition And Examples
A restricted firearm is less tightly controlled than a prohibited one but still requires enhanced licensing and authorization to use. According to the Criminal Code, restricted firearms include:
- Any handgun not classified as prohibited
- Any rifle or shotgun that is not prohibited but can fire in a semi-automatic manner and has a barrel length of less than 470 mm
- Any firearm prescribed by regulation as restricted
Examples include many popular handguns used for target practice or international sporting competitions governed by the International Shooting Union. Certain firearms may also be restricted based on their ability to use detachable cartridge magazines capable of holding more than the lawful limit of calibre ammunition.
Importantly, a restricted weapon can only be discharged at approved target shooting competitions or ranges, or used for a lawful profession such as policing or security.
Legal Requirements For Ownership
Owning or possessing a restricted or prohibited firearm requires more than a general firearms licence. A person must hold a Possession and Acquisition Licence (PAL) with the appropriate class, complete the Canadian Restricted Firearms Safety Course, and receive approval from the chief firearms officer.
Additional obligations include:
- Registering the firearm with the Canadian Firearms Registry
- Storing and transporting the weapon according to federal regulations
- Obtaining an Authorization to Transport (ATT) if the firearm is to be moved for target practice or competitions
Firearms owners must also ensure that any rifle or shotgun they possess does not fall into the prohibited category due to a modification that changes its barrel length, muzzle energy, or overall capability.
Penalties For Non-Compliance
The consequences for unlawful possession of prohibited or restricted firearms are severe. Offences under the Criminal Code can lead to significant fines, imprisonment, and the permanent loss of a firearms licence.
Some examples include:
- Possession of a prohibited weapon or prohibited device without authorization
- Possession of a firearm capable of discharging centre-fire ammunition in a semi-automatic or automatic mode
- Possession of an unlawfully manufactured firearm or one with an altered serial number
- Use of a restricted weapon in a way that endangers public safety or causes serious bodily injury
Penalties vary depending on the circumstances and whether the firearm was used in the commission of another offence. For example, using a barrelled weapon capable of discharging centre-fire ammunition during a robbery can result in mandatory minimum sentences.
Staying Compliant With Firearm Regulations
Maintaining compliance as a gun owner in Canada requires constant awareness of changing laws and regulations. The federal government periodically updates the list of restricted and prohibited firearms, and any new regulations prescribing firearms listed can affect legal ownership.
Here are a few steps for staying compliant:
- Keep licences up to date. Ensure your PAL and any special authorizations remain valid.
- Stay informed. Review notices from the chief firearms officer and government bulletins about reclassifications.
- Maintain proper storage. Store ammunition separately and lock all firearms when not in use.
- Avoid modifications. Altering a weapon’s barrel length or fitting it with a new cartridge magazine could inadvertently convert it into a restricted or prohibited class.
- Seek legal advice when unsure. Get legal advice to understand the differences between the Firearms Act, the Criminal Code, and regulations prescribing firearm classifications.
Conclusion
Canada’s firearm laws are designed to balance personal ownership rights with public safety.
If you are facing charges related to prohibited or restricted firearms or are uncertain about the legal status of certain firearms, obtaining legal guidance can help you navigate these complex regulations and protect your rights under Canadian law.
The post Understanding Prohibited Vs. Restricted Firearm Regulations In Canada appeared first on Brodsky Amy & Gould.
Brodsky Amy & Gould 