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Firearms regulation in Canada

Firearms in Canada are federally regulated through the Firearms Act and related provisions of the Criminal Code. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J.[1]

Handgun registration became law in 1934, and automatic firearms registration was added in 1951. In 1969, laws classified firearms as "non-restricted", "restricted", and "prohibited". Starting in 1979, people who wished to acquire firearms were required to obtain a firearms acquisition certificate (FAC) from their local police agency. From 1995 to 2012, all firearms owners were required to possess a firearms licence—either a possession and acquisition licence (PAL), a possession-only licence (POL), a FAC, or a minor's licence—and all firearms were required to be registered. In April 2012, the Parliament of Canada enacted the Ending the Long-gun Registry Act to eliminate the requirement to register non-restricted firearms. The requirement for all firearms owners to possess a valid firearms licence remained law.[2]


A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[3] In 2005, almost 3% of households in Canada possessed handguns, compared to 18% of U.S. households that possessed handguns.[4] Also in 2005, almost 16% of households in Canada possessed firearms of some kind.[4] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta, and British Columbia.[5]


On May 1, 2020, in the wake of a mass killing in Nova Scotia, Prime Minister Justin Trudeau announced that the Government of Canada would immediately ban around 1,500 models of "military-grade assault-style weapons", mostly rifles, via an order in council under the authority of the Criminal Code.[6][7] In May 2022, Trudeau announced new legislation that would ban the ownership of "military-style assault weapons" in a mandatory gun buyback program, and impose restrictions banning the sale, purchase, importation or transfer of handguns.[8] The legislation would also limit magazine capacity and ban toys – such as airsoft guns – that look like guns.[9]


On October 21, 2022, the Government of Canada implemented a freeze on handgun sales and proposed a gun buyback program.[10] As of April 2024, collection of the "unloaded and secured" banned guns in "government-issued boxes" has not yet started with Canada Post reportedly informing the government of concerns about employee's security.[11]

The Parliament instituted a system of gun control in the in 1885 to hinder the North-West Rebellion. Permission in writing from the territorial government was needed to possess any firearm (other than a smooth-bore shotgun), and also ammunition. Possession of a firearm or ammunition without the necessary permit was an offence, and could lead to the forfeiture of the firearm and ammunition.[14] These gun control provisions applied to all of what is now Alberta, Saskatchewan, parts of Manitoba, the current Northwest Territories, Yukon, and Nunavut.

North-West Territories

The Criminal Code, enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.

In the 1920s, permits became necessary for all firearms newly acquired by foreigners.

Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the (RCMP) or by other police forces designated by provincial attorneys general.

commissioner of the Royal Canadian Mounted Police

In 1947, the definition of murder in the Criminal Code was expanded to include situations where an individual committed certain offences such as rape, robbery, burglary, or arson while armed with a weapon, and death ensued, whether or not the accused intended to cause death. This offence was struck down as unconstitutional by the Supreme Court in 1987 in the case of R. v. Vaillancourt.

[15]

Automatic firearms were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the commissioner of the RCMP.

In 1969, created categories of "non-restricted", "restricted" and "prohibited" firearms. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that firearms that belonged to an individual endangered the safety of society.

Bill C-150

In 1977, Bill C-51 required firearms acquisition certificates (FACs) to purchase any firearm, and introduced controls on the selling of . Applicants were required to pass a basic criminal record check before receiving the FAC. Fully automatic firearms were banned, with an exception for current owners.[16]

ammunition

The 1989 spurred a movement for stronger gun control in Canada, led by PolySeSouvient.[17]

École Polytechnique massacre

In 1991, Bill C-17 was introduced, coming into force between 1992 and 1994. It required FAC applicants to pass a safety course in addition to a thorough background check, and to wait a minimum of 28 days after applying before an FAC could be issued. It also created new Criminal Code offences, new definitions for prohibited and restricted weapons, and new regulations for firearms dealers. It increased penalties for firearm-related crimes. It clearly outlined regulations for firearms storage, handling and transportation.

[12]

A major focus of C-17 was the control of military and paramilitary firearms. It created orders prohibiting or restricting most paramilitary rifles and some types of non-sporting ammunition. It prohibited firearms that had been converted to avoid a 1978 prohibition (exempting existing owners), and it prohibited high-capacity magazines for automatic and semi-automatic firearms. (It limited handguns to ten rounds and most semi-automatic centre-fire rifles to five rounds.)[18]

[12]

In 1995, Bill C-68 enacted the , with related amendments to the Criminal Code. It implemented a new central licensing system to replace the FAC system. It also required registration of all firearms and firearm licence holders; banned short-barrelled handguns under 105 mm in length, in addition to banning .25 and .32-calibre handguns with "grandfathering" for previous owners; and required a licence to buy ammunition. Most of the bill's provisions came into force in 1998, and the registration of long guns became mandatory in 2003.[19]

Firearms Act

The legislation was upheld by the Supreme Court in (2000). The FAC system was replaced with possession-only licences (POLs) and possession and acquisition licences (PALs).

Reference re Firearms Act

In 2001, the registration portion of Bill C-68 was implemented. The government asked for all firearms, including long guns (rifles and shotguns), to be registered.

In 2003, the registration of long guns became mandatory. Failure to register a firearm resulted in criminal charges.

In 2006, although legislation was still in place, the government no longer asked owners for a registration fee and an amnesty (until May 16, 2011) temporarily protected licensed owners of non-restricted firearms (or those whose licences had expired since January 1, 2004) from prosecution for the possession of unregistered long guns.[20]

long gun

In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would have abolished the requirement to register non-restricted long guns. While the proposed legislation was a , it had the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. In September 2010, Bill C-391 failed to pass a third reading.

private member's bill

In Canada, controls on civilian use of firearms date from the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause.[12] Amendments to the Criminal Code between the 1890s and the 1970s introduced a series of controls on firearms, including registration of handguns, and later, registration of fully automatic firearms. In the late 1970s, additional controls were introduced, followed by additional increases in controls in the mid-1990s.


The following is a summary of the history of gun control laws in Canada:[12][13]

(i.e., "any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm")[43]

Replica firearms

(i.e., "a device or contrivance designed or intended to reduce the perceived loudness of firearm, typically between 17-24 dB of the initial report (Murphy et.al, 2013)")[43]

Suppressors

Handgun that are 105 millimetres (4.1 in) and under (excluding barrels of pistols used in international sporting competitions governed by the rules of the International Shooting Union)[43]

barrels

Electrical or mechanical devices designed or adapted to render the of a semi-automatic firearm to discharge in a fully-automatic fashion[43]

trigger mechanism

"Any rifle, shotgun or stock of the type known as the 'bull-pup' design, being a stock that, when combined with a firearm, reduces the overall length of the firearm such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position"[43] (i.e., only removable stocks are prohibited by this regulation; fixed-stock firearms such as the FN PS90, Norinco Type 97 and IWI Tavor are excluded).

carbine

Handguns

Violent crime, suicide, and accidents[edit]

In the years immediately following the introduction of firearms licensing in Canada in 1976, the overall homicide rate did not significantly decline. Increases were seen in the proportion of murders committed by methods other than shooting; but these homicides were less likely to involve multiple victims.[73] From 1977 to 2003, Canada firearm homicide has declined from 1.15 to 0.5 per 100,000, while other mechanisms declined from 1.85 to 1.23 per 100,000.[73][74]


A comprehensive review of firearm control legislation found that studies on the effects of the 1977 bill C-51 and bill C-68 from 1995 on firearm homicide rates came to differing conclusions, but generally found that bill C-17 from 1991 was not associated with an overall reduction of firearm homicide.[75] A 2011 study found no significant associations between gun laws passed and firearm homicide rates in Canada from 1974 to 2008.[76] A 2020 study examining laws passed from 1981-2016 found no significant changes in overall homicide or suicide rates following changes in legislation. In addition, it also found that firearm ownership by province was not correlated to overall suicide rates by province.[77]


As of 2010, shooting and stabbing represented the two most common mechanisms for homicide in Canada, each accounting for approximately one-third of murders.[78]


Overall suicide in Canada peaked in 1978 at 14.5 per 100,000,[79] declining by 22% (11.3 per 100,000) by 2004.[80] Several studies have found that the 1977 bill C-51 was linked to lower suicide and firearm suicide rates in Canada.[75] Several studies examining the effect of bill C-17 (primarily using data from Quebec) found that it was associated with a decline in firearm suicides, but that the rate of overall suicides did not change, largely because of a rise in suicides due to hanging, suggesting a substitution of suicide methods.[75]


Accidental death, of any kind, claimed 27.9 people per 100,000 in 2000. Of these, firearms accidents accounted for 0.3% (0.1 per 100,000), ranking below the 37% for transportation (10.2 per 100,000), 28% for unspecified (7.7 per 100,000), 18% for falls (5.1 per 100,000), and 11% for poisoning (3.1 per 100,000).[81] Two studies by Leenaars and Lester using national data from 1969 to 1985 find that bill C-51 was associated with a reduced accidental death rate from firearms.[75]

Canadian Firearms Program

Dominion of Canada Rifle Association

Gun politics

Gun safe

Index of gun politics articles

Canadian Firearms Act

by the Royal Canadian Mounted Police in English and French

Canadian Firearms Program

CBC News 2009

The gun registry debate: Implementing the Firearms Act