Canadian Gun Control Legislation Demystified .. a Prelude to Bill C-68

Peter Hauser - Guest Columnist

In the past year, much noise has been made about an otherwise fairly sleepy issue in Canada. This otherwise sleepy issue is that of gun control. Contrary to common belief, the Canadian gun control issue does not only affect firearms owners. It affects all Canadians because Canadian tax dollars are used to pay for any legislation and its enforcement. In an effort not to ramble on about my own personal feelings towards the bill, I would like to inform everybody about the firearms legislation in place right now.

The following are the rules and regulations a person wishing to purchase or handle a firearm must abide by in Canada. These rules have been in place since January 1, 1994 as a result of Bill C-17. Some of the regulations stem from a bill passed in 1979. The rules and regulations stemming from the proposed firearms Bill C-68 are not included in this list.

Any person wishing to handle or purchase a firearm in Canada must hold a valid Firearms Acquisition Certificate (FAC). To obtain an FAC, the following conditions must be met: The applicant must be at least 18 years of age and must have successfully completed the Canadian Firearms Safety Course. (This course costs between $50 and $200 and involves approximately 12 hours of instruction on the safe handling and storage of firearms.) The FAC application form requires two references who must meet strict criteria set-out by the government. (The police department contacts each of the references before passing the application to the government for approval.) The questions on the application form are legally binding. They are designed to determine the psychological profile and emotional state of the applicant, and not just their personal history.

Also included with the application is a current photograph, which is placed on file at both the local police department where the application was submitted, and the government, as well as being reproduced on the applicant's FAC. (Obviously, the applicant also cannot be prohibited by order of the court or by condition of probation from having a firearm in his/her possession.) There is a $50 non-refundable fee just for applying for an FAC. You must wait at least 28 days from the time of application before an FAC may be issued to you. During the processing period, the firearms officer in charge of your application may interview your neighbors, family members, social workers or others to assist in thorough screening. If a firearms officer refuses to issue an FAC, the officer must notify you in writing of the refusal and of the reasons for the refusal, and provide you with documentation about the appeal process. You then have a maximum of 30 days to request the firearms officer to refer the opinion to a provincial court judge.

Even meeting the above conditions does not guarantee that the applicant will receive an FAC. The final decision rests with the Attorney General Chief Provincial Firearms Officer.

Anyone under the age of 18 may not own a firearm. The individual may handle a firearm and receive a "Minor's Permit" if over 12, with the consent of a parent or guardian. The permit allows a minor to possess and use a non-restric-ted firearm under conditions of supervision. Some of these conditions include: using a firearm for target practice, hunting game or receiving instruction in the use of a firearm. Exceptions to these conditions can be made for minors who require the use of a firearm to sustain themselves or their families. In these special cases, there is no minimum age and no supervisory conditions.

An FAC permits the FAC holder to acquire (purchase, trade, borrow) non-restricted firearms. Non-restricted firearms (currently) include most hunting and some sport shooting rifles and shotguns. Restricted firearms include all handguns, and any firearm deemed restricted by "order in council." To obtain a restricted firearm legally in Canada (again before Bill C-68) the applicant must hold a valid FAC, be 18 years or older, have a valid reason for requiring the firearm (e.g. target practice at an approved club, genuine gun collector, etc.), and get a "Permit to Convey" from the local Registrar of Firearms, which allows the firearm to be brought to the local registrar for identification. Once the Permit to Convey has been issued, the applicant must bring the restricted firearm to the local Registrar of Firearms to apply for registration. The application for a restricted firearms registration certificate is then sent to the Commissioner of the RCMP. As the registered owner of a restricted firearm, you have legal responsibilities that differ in some ways from those for owners of non-restricted firearms. For example, the owner of a restricted firearm must notify the police if it is lost or stolen and report to them any change of address.

All firearms offenses are covered under the Criminal Code of Canada and carry stiff maximum prison sentences. Unfortunately, most firearms charges are used as legal bargaining blocks and are seldom enforced. The list provided above was not exhaustive. The information provided above stems directly from the Canadian Firearms Safety Course Handbook and much of it has been copied verbatim. It is important that all Canadians be aware of the laws and procedures currently in place to ensure firearms safety and adequate gun control, that they can better understand the proposed gun-control Bill C-68. More detailed information on current gun control laws can be obtained at any police department.

When Bill C-68 becomes law in Canada, it will have profound impacts on these regulations. It is important that we as Canadians are aware of the changes that this controversial bill will bring.

Stay tuned for a rundown on the changes and additional implications of the new 124-page gun control bill. --Ed.

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