Newsgroups: can.talk.guns,can.politics,talk.politics.guns,soc.culture.canada,can.general,can.legal,can.gov.general Subject: Bill C-68: It's about more than registration [weekly post] References: From: ab133@nospam.saskatoon.sk.ca (Skeeter Abell-Smith) Organization: Saskatoon Free-Net Reply-To: ab133@nospam.saskatoon.sk.ca Sender: ab133@nospam.saskatoon.sk.ca Followup-To: poster Distribution: world Keywords: [To send me e-mail, be sure to change my address by replacing "nospam" with "sfn".] Changes or additions to this posting should be sent to: ab133@sfn.saskatoon.sk.ca The information below mostly describes how things worked before C-68 came into force on 01 December 1998. Much has changed since then and I will update this file as soon as I can. If you wish to help me, please let me know! This article attempts to give a broader perspective to Bill C-68 (now Chapter 39, 1995 S.C.) which will significantly alter Canada's firearm laws and regulations if and when it is proclaimed. It's about a lot more than just registration of all firearms. NB: this is a summary of a series of articles entitled "It's about a lot more than just registration" posted in 1995. When I have time, the information in this article will be put into the can.talk.guns FAQ list, which is posted weekly on the can.talk.guns newsgroup. The excerpts from Bill C-68 are all from the June 1995 version. Minor changes were made before it was passed by the Senate. I will update the excerpts soon. The latest version of C-68 is available from the Cdn-firearms Home Page and from the Department of Justice web site (URLs listed at the end of this posting). Legally acquiring a firearm in Canada ===================================== Most people are not aware of what laws already exist regarding acquisition and ownership of firearms in Canada. It is not true that someone can just walk into a store and legally purchase a gun. CLASSES OF FIREARMS There are three general classes of firearms: non-restricted, restricted and prohibited. In general, non-restricted firearms must be longer than 26 inches and the barrel must be longer than 18 inches. (There are exceptions, e.g. where the firearm was manufacture with a shorter barrel.) Restricted firearms are those shorter than the above and also firearms restricted by Order In Council (OIC). Prohibited firearms are those prohibited by OIC and those firearms "capable" of fully automatic fire (that is, one pull of the trigger fires more than one round) and not registered before 01 Jan 1978. By signing an OIC, the Minister of Justice can restrict or prohibit firearms without parliamentary debate or consent. TO BUY AND OWN A NON-RESTRICTED FIREARM: 1. You must either pass the 10 hour Canadian Firearms Safety Course (CFSC) or "challenge the exam". To pass, you must achieve a score of at least 80% on the written exam (50 questions) as well as pass all three practical exams where you must demonstrate safe handling skills and knowledge of current firearm laws and regulations. You can "challenge the exam" instead of taking the CFSC if you have owned at least one firearm since 1979. If you are planning to "challenge the exam" you should study the CFSC manual first. Minors and those who have had prohibition orders must take the CFSC. 2. You must apply for a Firearm Acquisition Certificate (FAC). The application requires that you (among other things): - prove you have passed the CFSC exams - supply a recent, good-quality photo of yourself - fill out a four page application and answer questions about recent relationships and business failures - supply the references of at least two persons who have known you for at least three years (must be a fellow employee, spouse, minister, doctor, lawyer, tribal elder, etc.) - pass a background in the Canadian Police Information Computer (CPIC) which lists all "encounters" with police in Canada; not just criminal convictions. - pay $50 - wait at least 28 days before getting your FAC (with a typical wait being six to eight weeks). You must renew your FAC every five years and, if you apply before the expiration date, you may skip most of the above and pay $25 instead of $50. 3. You may purchase a non-restricted firearm if you hold a valid FAC. It will take about four months to get a firearm legally if you do not yet have a valid FAC. TO BUY AND OWN A RESTRICTED FIREARM: 4. you must have a valid FAC, and: - show a need for the pistol or restricted rifle/shotgun. - buy the firearm, but leave it at the store - take the receipt (and all required information) to the police - (You may be have to bring the gun to the police station (after getting a permit) or you may have to leave it at the store.) - your firearm will stay at the store or with the police until the registration papers come back from Ottawa. This is typically a two month wait. - you may now take your gun home and keep it there after getting a permit to convey. At this point you will have your registered rifle/shotgun/pistol at home. The entire process will take about six months. If you are a collector who never want to take your firearm(s) anywhere, there is nothing more to do under the current system. If you are a target shooter or you are interested in selling or trading your firearm(s), you must show a need. If you want to take your firearms to a hobby show, you must get a permit. If you want to shoot a range you must get a membership, show the membership to the police, and get a carrying permit. (The carrying permit doesn't allow you to actually carry the gun, just transport it.) ONCE CHAPTER 39 (BILL C-68) IS PROCLAIMED, citizens will have to register all their firearms and obtain firearms licences. A licence will be for possession (or possession and acquisition) of certain classes of firearms. (There will be more than three classes of firearms.) Since possessing firearms without a licence (that you must remember to renew every five years) will make you a criminal, even if the firearms are all registered, no Canadian citizen will actually _own_ firearms. In effect, all firearms will be owned by the Crown and _rented_ for not less that $60 every five years. There will also be a registration charge every time a firearm changes hands. Current Criminal Offences and Penalties ======================================= From Part III of the Canadian Criminal Code (as of 31 Dec 1995. On 01 Jan 1996, new minimum sentences of four years were added for commission of one or more of 10 specific crimes with a firearm. Details to be added to this document soon.) Section Offense Type Max. Sentence ------- ------- ---- ------------- 85 (1) Using a firearm during the indictable 14 years commission of an offense 86 (1) Pointing a firearm at a person indictable 5 years 86 (2) Careless handling of a firearm indictable 2 years 86 (3) Handling and Transporting a indictable 2 years firearm contrary to regulations 87 Possession of a weapon or imitation indictable 10 years for a purpose dangerous to the public 88 Possession of a weapon while summary 2 years attending or on his way to a public meeting 89 Carrying a Concealed Weapon indictable 5 years 90 (1) Possession of a prohibited weapon indictable 10 years 90 (2) Possession of a prohibited weapon indictable 5 years in a motor vehicle 91 (1) Possession of a restricted weapon indictable 10 years without a registration certificate 91 (2) Possession of a restricted weapon indictable 5 years at a place other than was registered 91 (3) Possession of a restricted weapon indictable 5 years in a motor vehicle 93 (1) Giving, lending, transferring or indictable 2 years delivering a firearm to someone under 18 94 Selling, bartering, giving, lending, indictable 5 years transferring or delivering a weapon, ammunition or explosive to someone who is of unsound mind, impaired or prohibited from possessing weapons 95 (1) Importing, Exporting, selling, indictable 10 years bartering, giving, lending, transferring or delivering prohibited weapons or components for prohibited weapons 95.1 Manufacturing or Altering a indictable 5 years weapon so that it is fully automatic 96 (1) Selling, bartering, giving, indictable 5 years lending, transferring or delivering a restricted weapon to someone who is not authorized to possess such a weapon 96 (3) Importing a restricted weapon if indictable 5 years not authorized to possess such a weapon 97 (1) Selling, bartering, giving, indictable 2 years lending, transferring or delivering a weapon to someone without a Firearm Acquisition certificate (FAC) 97 (3) Acquisition of a firearm without indictable 2 years a firearms acquisition certificate 103(10) Possession of a firearm, offensive indictable 10 years weapon or ammunition or FAC while prohibited 104 (1) Finding a lost firearm and not indictable 2 years turning it over to the police 104 (2) Losing a restricted firearm or if indictable 5 years the restricted firearm is stolen, and not reporting it 104 (3) Defacing a firearms serial number, indictable 5 years or knowingly having a firearm with a defaced serial number Firearms already prohibited and confiscated (without compensation) ================================================================== The following is a list of firearms prohibited in Canada and, even though registered as required by law, confiscated without compensation. PLEASE NOTE: This list is not complete. i.e. THERE ARE MORE FIREARMS PROHIBITED IN CANADA THAN THOSE LISTED BELOW. EVEN IF YOUR MODEL ISN'T LISTED, IT MAY STILL BE "PROHIBITED". "Variants" is a vague term that includes similar and modified versions of the specified models. Fully-automatic firearms--those capable of "firing projectiles in rapid succession during one pressure of the trigger"--have been prohibited since 1978 but they remain "restricted" for those who had them registered before 01 January 1978. "prohibited weapon" means (a) any device or contrivance designed or intended to muffle or stop the sound or report of a firearm, (b) any knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, (c) any firearm, not being a restricted weapon described in paragraph (c) or (c.1) of the definition of that expression in this subsection, that is capable of, or assembled or designed and manufactured with the capability of, firing projectiles in rapid succession during one pressure of the trigger, whether or not it has been altered to fire only one projectile with one such pressure, (d) any firearm adapted from a rifle or shotgun, whether by sawing, cutting or other alteration or modification, that, as so adapted, has a barrel that is less than 457 mm in length or that is less than 660 mm in overall length, (e) a weapon of any kind, not being an antique firearm or a firearm of a kind commonly used in Canada for hunting or sporting purposes, or a part, component or accessory of such a weapon, or any ammunition, that is declared by order of the Governor in Council to be a prohibited weapon, or (f) a large-capacity cartridge magazine prescribed by regulation; "registration certificate" means a restricted weapon registration certificate issued under section 109; [Section 85, Part III, Criminal Code of Canada] Additionally, the following firearms have been prohibited by Order in Council (regulation): Shotguns - Franchi SPAS 12 and LAW 12 and variants - Franchi SPAS 15 and variants - Striker shotgun, Striker 12, Streetsweeper and variants - USAS-12 Auto Shotgun and variants - Benelli M1 Super 90 shotgun and the Benelli M3 Super 90 shotgun, and variants or modified versions thereof, with the exception of the M1 Super 90 Field, M1 Super 90 Sporting Special, Montefeltro Super 90, Montefeltro Super 90 Standard Hunter, Montefeltro Super 90 Left Hand, Montefeltro Super 90 Turkey, Montefeltro Super 90 Uplander, Montefeltro Super 90 Slug, Montefeltro Super 90 20 Gauge, Black Eagle, Black Eagle Limited Edition, Black Eagle Competition, Black Eagle Slug Gun, Super Black Eagle, and Super Black Eagle Custom Slug; and the firearms of the designs commonly known as the Bernadelli B4 shotgun and the Bernadelli B4/B shotgun, and any variants or modified versions thereof. Rifles and Carbines - American 180 Auto Carbine, Illinois Arms Company Model 180 Auto Carbine, and variants - Barrett "Light Fifty" model 82A1, Model 90 rifle and variants - Calico M-900, M-951, M-100 and M-105 and variants - Iver Johnson AMAC Long Range Rifle and variants - McMillan M87, M87R, M88 and variants - Pauza Specialties P50 Rifle and P50 Carbine and variants - FAMAS Rifle, MAS 223, FAMAS Export, FAMAS Civil and Mitchell MAS/22 and variants - Feather AT-9 Semi-Auto, Feather AT-22 Auto Carbines and variants - Federal XC-450 Auto Rifle, XC-900, XC-220 and variants - Gepard long-range sniper rifle and variants - Heckler and Koch (HK) Model G11 and variants - Research Armament Industries (RAI) Model 500 Rifle and variants - Spectre Auto Carbine and variants - US Arms PMAI "Assault" 22 Rfile and variants - Weaver Arms Nighthawk Carbine and variants - A.A. Arms AR9 Semi-Automatic Rifle and variants - Claridge HI-TEC C, LEC-9, ZLEC-9 carbines and variants - Kimel Industries AR-9 rifle or carbine and variants - Grendel R-31 Auto Carbine and variants - Maadi Griffin Rifle, Maadi Griffin Carbine and variants - AA Arms Model AR-9 carbine and variants - Sterling Mk 6 Carbine and variants - Steyr AUG rifle and variants - UZI carbine, UZI Model A carbine, Mini-UZI carbine and variants - AK-47 rifle, and any variant including AK-74, AK Hunter, AKM, AKM-63, AKS-56S, AKS-56S-1, AKS-56S-2, AKS-74, AKS-84S-1, AMD-65, AR Model .223, Dragunov, Galil, KKMPi69, M60, M62, M70B1, M70AB2, M76, M77B1, M78, M80, M80A, MAK90, MPiK, MPiKM, MPiKMS-72, MPiKS, PKM, PKM-DGN-60, PMKM, RPK, RPK-74, RPK-87S, Type 56, Type 56-1, Type 56-2, Type 56-3, Type 56-4, Type 68, Type 79, American Arms AKY39, American Arms AKF39, American Arms AKC47, American Arms AKF47, MAM70WS762, MAM70FS762, Mitchell AK-22, Mitchell AK-47, Mitchell Heavy Barrel AK-47, Norinco 84S, Norinco 84S AK, Norinco 56, Norinco 56-1, Norinco 56-2, Norinco 56-3, Norinco 56-4, Poly Technologies Inc. AK-47/S, Poly Technologies Inc. AKS-47/S, Poly Technologies Inc. AKS-762, Valmet Hunter, Valmet M76, Valmet M76 carbine, Valmet M78, Valmet M78/A2, Valmet M78 (NATO) LMG, Valmet M82, and Valmet M82 Bullpup - Armalite AR-180 Sporter carbine and variants - Beretta AR70 assault rifle, and any variant or modified version thereof; - BM 59 rifle, and variants, including the Beretta BM 59, BM 59R, BM 59GL, BM 59D, BM 59 Mk E, BM 59 Mk I, BM 59 Mk Ital, BM 59 Mk II, BM 59 Mk III, BM 59 Mk Ital TA, BM 59 Mk Ital Para, BM 59 Mk Ital TP and BM 60CB, and the Springfield Armory BM 59 Alpine, BM 59 Alpine Paratrooper and BM 59 Nigerian Mk IV - Bushmaster Auto Rifle and variants - Cetme Sport Auto Rifle and variants - Daewoo Kl rifle, and variants, including the Daewoo K1A1, K2, Max 1, Max 2, AR-100, AR 110C, MAXI-II and KC-20 - Demro TAC-1M carbine, and variants, including the Demro XF-7 Wasp Carbine - Eagle Apache Carbine and variants - FN-FNC rifle, and variants, including the FNC Auto Rifle, FNC Auto Paratrooper, FNC-11, FNC-22 and FNC-33; - FN-FAL (FN-LAR) rifle, and variants, including the FN 308 Model 44, FN-FAL (FN-LAR) Competition Auto, FN-FAL (FN-LAR) Heavy Barrel 308 Match, FN-FAL (FN-LAR) Paratrooper 308 Match 50-64 and FN 308 Model 50-63; - G3 rifle, and variants, including the Heckler and Koch HK 91, HK 91A2, HK 91A3, HK G3 A3, HK G3 A3 ZF, HK G3 A4, HK G3 SG/1, and HK PSG1; - Galil assault rifle, and variants, including the AP-84, Galil ARM, Galil AR, Galil SAR, Galil 332 and Mitchell Galil/22 Auto Rifle; - Goncz High-Tech Carbine and variants - Heckler and Koch HK 33 rifle, and variants, including the HK 33A2, HK 33A3, HK 33KA1, HK 93, HK 93A2, and HK 93A3; - J & R Eng M-68 carbine, and variants, including the PJK M-68 and the Wilkinson Terry carbine; - Leader Mark Series Auto Rifle and variants - MP5 submachine gun and MP5 carbine, and variants, including the Heckler and Koch HK MP5, HK MP5A2, HK MP5A3, HK MP5K, HK MP5SD, HK MP5SD1, HK MP5SD2, HK MP5SD3, HK 94, HK 94A2, and HK 94A3; - PE57 rifle and variants - SG-550 rifle and SG-551 carbine and variants - SIG AMT rifle and variants - Springfield Armory SAR-48 rifle, and variants, including the SAR-48 Bush, SAR-48 Heavy Barrel, SAR-48 Para and SAR-48 Model 22; and - Thompson submachine gun, and variants, including the Thompson Model 1921, Thompson Model 1927, Thompson Model 1928, Thompson Model M1, Auto-Ordnance M27A-1, Auto-Ordnance M27A-1 Deluxe, Auto-Ordnance M1927A-3, Auto-Ordnance M1927A-5, Auto-Ordnance Thompson M1, Commando Arms Mk I, Commando Arms Mk II, Commando Arms Mk III, Commando Arms Mk 9, and Commando Arms Mk 45 Pistols - Bushmaster Auto Pistol and variants - Calico M-110, M-950 and variants - Encom MK-IV, MP-9, MP-45 and variants - Federal XP-450, XP-900 Auto Pistols and variants - Claridge Hi-Tec Model S, L, T, ZL-9 and ZT-9 Pistols, Goncz High-Tech Long Pistol and variants - Heckler and Koch (HK) SP89 Auto Pistol and variants - Intratec Tec-9 Auto Pistol, Tec-9M, Tec-9MS, Tec-22T, Tec-9S, Tec-22TN, Tec-22TM, Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion and variants - Iver Johnson Enforcer Model 3000 Auto Pistol, Plainfield Super Enforcer Carbine and variants - Skorpion Auto Pistol and variants - Spectre Auto Pistol and variants - Sterling Mk 7, Mk 7C4, Mk7C8 Pistols and variants - Universal Enforcer Model 3000 Auto Carbine, Model 3010N, Model 3015G, Model 3020TRB, Model 3025TCO and variants - US Arms PMAIP "Assault" 22 Pistol and variants - Leader Mark 5 Auto Pistol and variants - OA-93 assault pistol and variants - A.A. Arms AP9 Auto Pistol and variants - Patriot pistol and variants - XM 231S pistol, A1, A2 and A3 Flattop pistols and variants - AA Arms Model AP-9 pistol, Target AP-9, Mini AP-9 pistol and variants - Kimel Industries AP-9 pistol and variants - Grendel P-30, P-30 M, P-30 L and P-31 pistols and variants - Claridge HI-TEC ZL-9, HI-TEC S, HI-TEC L, HI-TEC T, HI-TEC ZT-9 and HI-TEC ZL-9 pistols and variants - Steyr SPP Assault Pistol and variants - Maadi Griffin Pistol and variants - Interdynamics KG-99 Assault Pistol and variants - Ingram M10 and M11 pistols, and variants including the Cobray M10 and M11, the RPB M10, M11, SM10 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols - the Partisan Avenger Auto Pistol and variants - UZI pistol and variants including the Micro-UZI pistol "Other" - SSS-1 Stinger (prohibition order extended to other calibres) - "Taser Public Defender", being a gun or a device similar to a gun capable of injuring, immobilizing or otherwise incapacitating a person by the discharge therefrom of darts or any other object carrying an electric current or substance; - any device that is designed to be capable of injuring, immobilizing or incapacitating a person or an animal by discharging an electrical charge produced by means of the amplification or accumulation of the electrical current generated by a battery, where the device is designed or altered so that the electrical charge may be discharged when the device is of a length of less than 480 mm; Ammunition A list of cartridges were declared to be prohibited weapons. The list includes armour-piercing bullets, explosive and incendiary cartridges, and exotic shotgun cartridges known as "flechettes" (small pins or needles). Accessories and Components One accessory and one component are prohibited. The component is a "bull-pup" stock, used in modern assault rifles and shotguns to reduce length for storage and transport, or so the magazine-well is located behind the trigger of the firearm when the firearm is held in the normal firing position. The accessory is any trigger enhancement device that fires semi-automatic firearms at machine gun speeds by rapidly moving the trigger back and forth. Current owners of the "banned" firearms are urged to contact the National Firearms Association (N.F.A.) for further info. Edmonton Phone: (403) 439-1394 Edmonton FAX: (403) 439-4091 Calgary Phone: (403) 640-1110 Calgary FAX: (403) 640-1144 PLEASE NOTE: certain "banned" firearms may be legally owned by persons who had one or more of that type registered to them before a certain date. Please check with the N.F.A. for more information. Although not firearms, the following are also banned in Canada: - "nunchaku" and any similar instrument or device, being hard non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain; - "shuriken", being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape; - "manrikigusari" or "kusari", and any similar instrument or device, being hexagonal or other geometrically shaped hard weights or hand grips linked by a length or lengths of rope, cord, wire or chain; and - any finger ring that has one or more blades or sharp objects that are capable of being projected from the surface of the ring. - "crossbow", with a stock of 400 mm or less - "Constant Companion", being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade - any knife commonly known as a "push-dagger" that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade; and any other similar device but not including the aboriginal "ulu" knife. - "Spiked Wristband", being a wristband to which a spike or blade is affixed; and any other similar device - "Yaqua Blowgun", being a tube or pipe designed for the purpose of shooting arrows or darts by the breath; and any other similar device - "Kiyoga Baton" or "Steel Cobra" and any similar device consisting of a manually-triggered telescoping spring-loaded steel whip terminated in a heavy calibre striking tip; - "Morning Star" and any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain, rope or other flexible material. - "Brass Knuckles" and any similar device consisting of a band of metal with finger holes designed to fit over the root knuckles of the hand. - Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person, See also: http://cdn-firearms.ml.org/cdn-firearms/Faq/ctg.html#BANNED Firearms restricted in Canada ============================= The following is a list of firearms restricted in Canada. Restricted firearms can normally not be used for "hunting or sporting purposes". The current law (as modified in 1991 by C-17) states that the federal government can restrict firearms not "reasonable" for "hunting or sporting purposes" ("in the opinion of the Governor in Council"). Further, firearms not commonly used for "hunting or sporting purposes" may be prohibited. Even under C-17, the gov't simply needs to restrict firearms until they are "not commonly used", and _then_ prohibit them. Of course, under the new C-68, the government can ban any thing the "Governor in Council" thinks is not "reasonable for use in Canada for hunting or sporting purposes". PLEASE NOTE: This list is probably not complete. "Restricted weapon" means (a) any firearm, not being a prohibited weapon, designed, altered or intended to be aimed and fired by the action of one hand, (b) any firearm that (i) is not a prohibited weapon, has a barrel that is less than 470 mm in length and is capable of discharging centre-fire ammunition in a semi-automatic manner, or (ii) is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or (c) any firearm that is designed, altered or intended to fire bullets in rapid succession during one pressure of the trigger and that, on January 1 , 1978, was registered as a restricted weapon and formed part of a gun collection in Canada of a genuine gun collector, (c.1) any firearm that is assembled or designed and manufactured with the capability of firing projectiles in rapid succession with one pressure of the trigger, to the extent that (i) the firearm is altered to fire only one projectile with one such pressure, (ii) on October 1 , 1992, the firearm was registered as a restricted weapon, or an application for a registration certificate was made to a local registrar of firearms in respect of the firearm, and the firearm formed part of a gun collection in Canada of a genuine gun collector, and (iii) subsections 109(4.1) and (4.2) were complied with in respect of that firearm, or (d) a weapon of any kind, not being a prohibited weapon or a shotgun or rifle of a kind that, in the opinion of the Governor in Council, is reasonable for use in Canada for hunting or sporting purposes, that is declared by order of the Governor in Council to be a restricted weapon. [Section 85, Part III, Criminal Code of Canada] Additionally, the following firearms are classified as restricted by Order in Council: - High Standard Model 10, Series A shotgun and High Standard Model 10, Series B shotgun, and any variants or modified versions thereof, other than firearms described in the definition of "prohibited weapon" - M-16 rifle, and variants, including Colt AR-15, Colt AR-15 SPI, Colt AR-15 Sporter, Colt AR-15 Collapsible Stock Model, Colt AR-15 A2, Colt AR-15 A2 Carbine, Colt AR-15 A2 Government Model Rifle, Colt AR-15 A2 Government Model Target Rifle, Colt AR-15 A2 Government Model Carbine, Colt AR-15 A2 Sporter II, Colt AR-15 A2 H-BAR, Colt AR-15 A2 Delta H-BAR, Colt AR-15 A2 Delta H-BAR Match, Colt AR-15 9mm Carbine, Armalite AR-15, AAI M15, AP74, EAC J-15, PWA Commando, SGW XM15A, SGW CAR-AR, SWD AR-15, and any 22-calibre rimfire variant, including the Mitchell M-16A-1/22, Mitchell M-16/22, Mitchell CAR-15/22, and AP74 Auto Rifle. The following weapons shall be deemed not to be firearms: (a) an antique firearm unless (i) but for this subsection, it would be a restricted weapon, and (ii) the person in possession thereof intends to discharge it, (b) any device designed, and intended by the person in possession thereof, for use exclusively for (i) signalling, notifying of distress or firing stud cartridges, explosive-driven rivets or similar industrial ammunition, or (ii) firing blank cartridges; (c) any shooting device designed, and intended by the person in possession thereof, for use exclusively for (i) slaughtering of domestic animals, (ii) tranquilizing animals, or (iii) discharging projectiles with lines attached thereto; and (d) any other barrelled weapon where it is proved that that weapon is not designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or to discharge a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second. [Section 85, Part III, Criminal Code of Canada] Shotguns - Franchi SPAS 12 and LAW 12 and variants - Franchi SPAS 15 and variants - Striker shotgun, Striker 12, Streetsweeper and variants - USAS-12 Auto Shotgun and variants - Benelli M1 Super 90 shotgun and the Benelli M3 Super 90 shotgun, and variants or modified versions thereof, with the exception of the M1 Super 90 Field, M1 Super 90 Sporting Special, Montefeltro Super 90, Montefeltro Super 90 Standard Hunter, Montefeltro Super 90 Left Hand, Montefeltro Super 90 Turkey, Montefeltro Super 90 Uplander, Montefeltro Super 90 Slug, Montefeltro Super 90 20 Gauge, Black Eagle, Black Eagle Limited Edition, Black Eagle Competition, Black Eagle Slug Gun, Super Black Eagle, and Super Black Eagle Custom Slug; and the firearms of the designs commonly known as the Bernadelli B4 shotgun and the Bernadelli B4/B shotgun, and any variants or modified versions thereof. Rifles and Carbines - American 180 Auto Carbine, Illinois Arms Company Model 180 Auto Carbine, and variants - Barrett "Light Fifty" model 82A1, Model 90 rifle and variants - Calico M-900, M-951, M-100 and M-105 and variants - Iver Johnson AMAC Long Range Rifle and variants - McMillan M87, M87R, M88 and variants - Pauza Specialties P50 Rifle and P50 Carbine and variants - FAMAS Rifle, MAS 223, FAMAS Export, FAMAS Civil and Mitchell MAS/22 and variants - Feather AT-9 Semi-Auto, Feather AT-22 Auto Carbines and variants - Federal XC-450 Auto Rifle, XC-900, XC-220 and variants - Gepard long-range sniper rifle and variants - Heckler and Koch (HK) Model G11 and variants - Research Armament Industries (RAI) Model 500 Rifle and variants - Spectre Auto Carbine and variants - US Arms PMAI "Assault" 22 Rfile and variants - Weaver Arms Nighthawk Carbine and variants - A.A. Arms AR9 Semi-Automatic Rifle and variants - Claridge HI-TEC C, LEC-9, ZLEC-9 carbines and variants - Kimel Industries AR-9 rifle or carbine and variants - Grendel R-31 Auto Carbine and variants - Maadi Griffin Rifle, Maadi Griffin Carbine and variants - AA Arms Model AR-9 carbine and variants - Sterling Mk 6 Carbine and variants - Steyr AUG rifle and variants - UZI carbine, UZI Model A carbine, Mini-UZI carbine and variants - AK-47 rifle, and any variant including AK-74, AK Hunter, AKM, AKM-63, AKS-56S, AKS-56S-1, AKS-56S-2, AKS-74, AKS-84S-1, AMD-65, AR Model .223, Dragunov, Galil, KKMPi69, M60, M62, M70B1, M70AB2, M76, M77B1, M78, M80, M80A, MAK90, MPiK, MPiKM, MPiKMS-72, MPiKS, PKM, PKM-DGN-60, PMKM, RPK, RPK-74, RPK-87S, Type 56, Type 56-1, Type 56-2, Type 56-3, Type 56-4, Type 68, Type 79, American Arms AKY39, American Arms AKF39, American Arms AKC47, American Arms AKF47, MAM70WS762, MAM70FS762, Mitchell AK-22, Mitchell AK-47, Mitchell Heavy Barrel AK-47, Norinco 84S, Norinco 84S AK, Norinco 56, Norinco 56-1, Norinco 56-2, Norinco 56-3, Norinco 56-4, Poly Technologies Inc. AK-47/S, Poly Technologies Inc. AKS-47/S, Poly Technologies Inc. AKS-762, Valmet Hunter, Valmet M76, Valmet M76 carbine, Valmet M78, Valmet M78/A2, Valmet M78 (NATO) LMG, Valmet M82, and Valmet M82 Bullpup - Armalite AR-180 Sporter carbine and variants - Beretta AR70 assault rifle, and any variant or modified version thereof; - BM 59 rifle, and variants, including the Beretta BM 59, BM 59R, BM 59GL, BM 59D, BM 59 Mk E, BM 59 Mk I, BM 59 Mk Ital, BM 59 Mk II, BM 59 Mk III, BM 59 Mk Ital TA, BM 59 Mk Ital Para, BM 59 Mk Ital TP and BM 60CB, and the Springfield Armory BM 59 Alpine, BM 59 Alpine Paratrooper and BM 59 Nigerian Mk IV - Bushmaster Auto Rifle and variants - Cetme Sport Auto Rifle and variants - Daewoo Kl rifle, and variants, including the Daewoo K1A1, K2, Max 1, Max 2, AR-100, AR 110C, MAXI-II and KC-20 - Demro TAC-1M carbine, and variants, including the Demro XF-7 Wasp Carbine - Eagle Apache Carbine and variants - FN-FNC rifle, and variants, including the FNC Auto Rifle, FNC Auto Paratrooper, FNC-11, FNC-22 and FNC-33; - FN-FAL (FN-LAR) rifle, and variants, including the FN 308 Model 44, FN-FAL (FN-LAR) Competition Auto, FN-FAL (FN-LAR) Heavy Barrel 308 Match, FN-FAL (FN-LAR) Paratrooper 308 Match 50-64 and FN 308 Model 50-63; - G3 rifle, and variants, including the Heckler and Koch HK 91, HK 91A2, HK 91A3, HK G3 A3, HK G3 A3 ZF, HK G3 A4, HK G3 SG/1, and HK PSG1; - Galil assault rifle, and variants, including the AP-84, Galil ARM, Galil AR, Galil SAR, Galil 332 and Mitchell Galil/22 Auto Rifle; - Goncz High-Tech Carbine and variants - Heckler and Koch HK 33 rifle, and variants, including the HK 33A2, HK 33A3, HK 33KA1, HK 93, HK 93A2, and HK 93A3; - J & R Eng M-68 carbine, and variants, including the PJK M-68 and the Wilkinson Terry carbine; - Leader Mark Series Auto Rifle and variants - MP5 submachine gun and MP5 carbine, and variants, including the Heckler and Koch HK MP5, HK MP5A2, HK MP5A3, HK MP5K, HK MP5SD, HK MP5SD1, HK MP5SD2, HK MP5SD3, HK 94, HK 94A2, and HK 94A3; - PE57 rifle and variants - SG-550 rifle and SG-551 carbine and variants - SIG AMT rifle and variants - Springfield Armory SAR-48 rifle, and variants, including the SAR-48 Bush, SAR-48 Heavy Barrel, SAR-48 Para and SAR-48 Model 22; and - Thompson submachine gun, and variants, including the Thompson Model 1921, Thompson Model 1927, Thompson Model 1928, Thompson Model M1, Auto-Ordnance M27A-1, Auto-Ordnance M27A-1 Deluxe, Auto-Ordnance M1927A-3, Auto-Ordnance M1927A-5, Auto-Ordnance Thompson M1, Commando Arms Mk I, Commando Arms Mk II, Commando Arms Mk III, Commando Arms Mk 9, and Commando Arms Mk 45 Pistols - Bushmaster Auto Pistol and variants - Calico M-110, M-950 and variants - Encom MK-IV, MP-9, MP-45 and variants - Federal XP-450, XP-900 Auto Pistols and variants - Claridge Hi-Tec Model S, L, T, ZL-9 and ZT-9 Pistols, Goncz High-Tech Long Pistol and variants - Heckler and Koch (HK) SP89 Auto Pistol and variants - Intratec Tec-9 Auto Pistol, Tec-9M, Tec-9MS, Tec-22T, Tec-9S, Tec-22TN, Tec-22TM, Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion and variants - Iver Johnson Enforcer Model 3000 Auto Pistol, Plainfield Super Enforcer Carbine and variants - Skorpion Auto Pistol and variants - Spectre Auto Pistol and variants - Sterling Mk 7, Mk 7C4, Mk7C8 Pistols and variants - Universal Enforcer Model 3000 Auto Carbine, Model 3010N, Model 3015G, Model 3020TRB, Model 3025TCO and variants - US Arms PMAIP "Assault" 22 Pistol and variants - Leader Mark 5 Auto Pistol and variants - OA-93 assault pistol and variants - A.A. Arms AP9 Auto Pistol and variants - Patriot pistol and variants - XM 231S pistol, A1, A2 and A3 Flattop pistols and variants - AA Arms Model AP-9 pistol, Target AP-9, Mini AP-9 pistol and variants - Kimel Industries AP-9 pistol and variants - Grendel P-30, P-30 M, P-30 L and P-31 pistols and variants - Claridge HI-TEC ZL-9, HI-TEC S, HI-TEC L, HI-TEC T, HI-TEC ZT-9 and HI-TEC ZL-9 pistols and variants - Steyr SPP Assault Pistol and variants - Maadi Griffin Pistol and variants - Interdynamics KG-99 Assault Pistol and variants - Ingram M10 and M11 pistols, and variants including the Cobray M10 and M11, the RPB M10, M11, SM10 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols - the Partisan Avenger Auto Pistol and variants - UZI pistol and variants including the Micro-UZI pistol See also: http://cdn-firearms.ml.org/cdn-firearms/Faq/ctg.html#RESTRICTED Existing safe storage (and other) regulations ============================================= STORAGE When not is use, non-restricted firearms (most shotguns and rifles) must be kept unloaded in a secure* cabinet or stored unloaded with a trigger lock in place. Ammunition must be stored separate from the firearms. When not in use, restricted firearms (pistols and some rifles and shotguns) must stored unloaded with a trigger lock in place and kept in a secure* container. Ammunition must be locked in a separate container or compartment. A trigger lock is not required only if the firearm is kept in a safe or vault. *secure means "not easily broken into", so the container must be locked and constructed of a "substantial" material. INSPECTION Owners must also submit to periodic inspections of the storage area. You cannot refuse an inspection, but an appointment must be made at a "reasonable" time. TRANSPORTATION Transporting a restricted firearm away from the address on the registration requires a permit. There are several permits: Form C-300 Permit to Convey - part of the registration application Form C-301 Permit to Transport - repair, inspection, etc. Form C-302 Permit to Carry - competition or range use Form 3273 Permit to Temporarily Store a Restricted Weapon A Permit to Carry won't permit you to actually carry the firearm on your person (unless it is a condition of employment). Safe storage regulations apply. This permit allows you to take the pistol to a competition or a range where you have a membership. A Permit to Transport is needed to take the firearm to a gunsmith for repair or inspection. A Permit to Temporarily Store a Restricted Weapon is needed when you want to store the pistol elsewhere (while you are moving and changing your address, for example) and contains a space for transport times to be stipulated. A Permit to Convey is actually part of the Application to Register. It's usually only good for a few hours. Mini Timeline of Firearms Control in Canada =========================================== 1877 - Justices of the Peace are allowed to jail for 6 months persons in possession of a handgun where there is not reasonable cause to fear assault to life or property. 1892 - First nation-wide permit system for the carrying of small arms is established. 1913 - Sale of handguns is restricted to permit holders only. A three-month sentence is introduced for possession of a firearm without a permit outside home or business. 1919 - Following the Winnipeg General Strike, aliens are no longer permitted to possess any guns (including long-arms) without a permit. 1933 - Penalty for carrying a handgun outside the home or business is increased to a maximum of five years. A maximum two-year sentence for any offender carrying a handgun while committing a criminal offence is imposed in addition to any other sentence. (Repealed in 1951.) 1934 - All handguns are to be registered, wherever kept. 1940 - All firearms are registered during the war, but the records are destroyed after 1945. 1947 - Criminal Code amendment provides for a murder charge if a gun discharges, even accidentally, and kills someone during a robbery or any other specific offence. 1951 - A centralized restricted firearms registry system under the Commissioner of the RCMP is established. 1968 - Firearms classes (prohibited weapons, restricted weapons and long-arms) are introduced. 1977 - Most recent firearms legislative changes. (For details see Section II "Strengthening Firearms Control (1977).") The above information is from "Firearms Control in Canada: An Evaluation" Ministry of Supply and Services Canada 1983. (page 4 - figure 3) 1978 - Firearm Acquisition Certificate (FAC) necessary for all firearm purchases. Fully automatic firearms prohibited, but for current owners they remain "restricted". 1992 - Expanded Order in Council (OIC) powers allow the Minister of Justice to restrict or prohibit (without compensation) certain weapons or weapons parts or any firearm not "commonly used in Canada for hunting or sporting puposes" - Over 200 models of rifles and shotguns are prohibited or restricted (refer to "Firearms Prohibited and Restricted by Order in Council Reference Manual - 1992"). - Prohibited magazines holding more than 5 cartridges (rifles) or shells (shotguns) or 10 cartridges (pistols). - Prohibited Mace, capiscum and other sprays. - Required storage site inspection (and compliance). - Firearms classes made mandatory for Firearm Acquisition Certificate (FAC), effective 1994. - FAC price increased from $10 to $50, effective 1994. 1994 - (Ontario) Picture ID required for all ammunition purchases. - (Nov. 29) new Orders in Coucil laid before Parliament. - (Nov. 30) Proposal for more firearms control, regulation, prohibition and confiscation presented to Parliament. 1995 - (Jan. 1) Effective date of new Orders in Council (OICs) prohibiting many models of rifles, shotguns, cross bows and knives. (Refer to "Weapons Prohibited by Order in Council - 1994") - (Feb. 14) Bill C-68, based on 1994 proposals, receives first reading in Parliament. - (Apr. 5) Bill C-68 approved in principle (second reading) and sent to the Standing Committee on Justice and Legal Affairs. - (June 13) Bill C-68 passed by the House of Commons with minor amendments and sent to the Senate. - (Nov. 22) Twenty-two Tory senators voted for Bill C-68 or abstain, so it is passed. If they had all voted against the bill, it would have been defeated (just like the Pearson airport bill) by 50 to 46. - (Dec. 05) Bill C-68 received Royal Assent The present power of the Minister of Justice ============================================ ORDERS IN COUNCIL By Order in Council the Minister of Justice* currently has the power to make regulations: - regulating the storage, display, handling and transportation of all firearms. - prescribing anything that is required to be prescribed by the regulations. - prohibiting any ammunition. - prohibiting a part, component, accessory of a weapon (as described below). - prohibiting, without "grandfathering"**, anything deemed to be a weapon and not being an antique firearm*** and NOT COMMONLY USED IN CANADA FOR HUNTING OR SPORTING PURPOSES. These powers stem mostly from Bill C-17, passed in 1992. *In reality, the Firearms Control Task Group in the Department of Justice prepares a recommendation for the Minister of Justice based on requests made by a Chief Provincial/Territorial Firearms Officer. The group then prepares an Order in Council for submission to the Governor in Council. Technically, the Governor in Council makes the regulations. Nevertheless, the Minister of Justice can prohibit firearms without any parliamentary or committee debate, with only a 'rubber stamp' from the Governor in Council. **"grandfathering" is granted for some firearms and means the lawful owner is allowed to keep the firearm until she or he dies. ***an antique firearm means any firearm manufactured before 1898 that was not designed to use rim-fire or centre-fire ammunition and that has not been redesigned to use such ammunition, or, if so designed or redesigned, is capable only of using rim-fire or centre-fire ammunition that is not commonly available in Canada. The Minister of Justice must lay before each House of Parliament, at least thirty (30) sitting days before its effective date, every regulation that is proposed to be made ("sitting day" means, in respect of either House of Parliament, a day on which that House sits.) Every appropriate committee _may_ conduct enquiries or public hearings with respect to the proposed regulation and report its findings to the appropriate House. There is nothing to say that either House _must_ debate the proposed OICs, or that committees must review and comment. Even if a committee does recommend changes, the Minister may override. There is also no provision for a vote on proposed OICs by either House. The bottom line is that the supremacy of Parliament has been seriously undermined by giving an enormous amount of power to one person. INVALID OICs Both the 1992 Orders in Council (OICs) and 1995 OICs are ultra vires (pronounced ultra veye-reez, meaning "without lawful effect"). Why? Last year, the National Firearms Association (NFA) challenged a firearm confiscation. In R. v Theodore Pierce Simmermon, on August 12, 1994, Mr. Justice Cooke of the Alberta Court of Queen's Bench ruled that the 1992 OICs, which the Government stated were made under Section 84 (1) of the Criminal Code, paragraph (e) of the "prohibited weapon" definition, are subject to Section 116 (2) which stipulates that OICs must be laid before both Houses of Parliament at least thirty sitting days before the effective date. (Section 116 (3) further defines a "sitting day" as a day on which that House sits.) The OICs may then be scrutinized by the appropriate committees (although, they never have been and they don't need to be). Since the OICs were not presented to both Houses at least thirty sitting days before their effective dates, they were ruled invalid. The 1995 OICs (tabled on November 29, 1994) were subject to the same rules as the 1992 OICs, and are, therefore, also without lawful effect. Unfortunately, police across Canada are still confiscating firearms (without any compensation, of course). These confiscations are illegal, but how many people know this? The New Powers of the Minister of Justice ========================================= At present, the minister may make recommendations to the Governor in Council regarding import, sale and storage of all firearms, as well as restriction and prohibition of all ammunition and firearms, _except_ those "commonly used in Canada for hunting and sporting purposes". Under Bill C-68, the minister's powers encompass every aspect of firearm use and ownership. He may also restrict and prohibit all firearms except where, "in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes." [proposed Criminal Code Section 117.15 (2)] Note the powerful change in wording. The minister would have the power to create new offences under this act. The minister would have the power to alter the dates at which portions of the bill will take lawful effect. The fact that the act states something will happen on January 1, 2003, is meaningless, since the date can be altered at any time. These changes, and others, would seriously undermine the supremacy of Parliament. Under the current system, Orders in Council (OICs) must be laid before each House of Parliament for 30 sitting days. Under Bill C-68, this is not necessary. Section 117.15, allowing the Minister to prohibit any "thing" not "reasonable", in his or her _opinion_, for hunting or sporting purposes, is specifically _not_ subject to parliamentary review. [Firearms Act Section 119 (6)] This is undemocratic in the extreme. Below are some of the relevant extracts from "Bill C-68, An Act respecting firearms and other weapons". The complete text of Bill C-68 (now Chapter 39, 1995 S.C.) is at: http://canada.justice.gc.ca/folio.pgi/ebills.nfo/query=*/doc/{4892,0,0,0}/hit_headings? http://cdn-firearms.ml.org/cdn-firearms/Gov/c68.html http://www.sscl.uwo.ca/~eric/cfa/Gov/c68.html http://www.interlog.com/~alton/c68.html ftp://cdn-firearms.ml.org/pub/cdn-firearms/Gov/c68 Excerpts from the Firearms Act: 117. The Governor in Council may make regulations (a) regulating the issuance of licences, registration certificates and authorizations, including regulations respecting the purposes for which they may be issued under any provision of this Act and prescribing the circumstances in which persons are or are not eligible to hold licences; (b) regulating the revocation of licences, registration certificates and authorizations; (c) prescribing the circumstances in which an individual does or does not need firearms (i) to protect the life of that individual or of other individuals, or (ii) for use in connection with his or her lawful profession or occupation; (d) regulating the use of firearms in target practice or target shooting competitions; (e) regulating (i) the establishment and operation of shooting clubs and shooting ranges, (ii) the activities that may be carried on at shooting clubs and shooting ranges, (iii) the possession and use of firearms at shooting clubs and shooting ranges, and (iv) the keeping and destruction of records in relation to shooting clubs and shooting ranges and members of those clubs and ranges; (f) regulating the establishment and maintenance of gun collections and the acquisition and disposal or disposition of firearms that form part or are to form part of a gun collection; (g) regulating the operation of gun shows, the activities that may be carried on at gun shows and the possession and use of firearms at gun shows; (h) regulating the storage, handling, transportation, shipping, display, advertising and mail-order sale of firearms and restricted weapons and defining the expression "mail-order sale" for the purposes of this Act; (i) regulating the storage, handling, transportation, shipping, possession for a prescribed purpose, transfer, exportation or importation of (i) prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition, or (ii) components or parts of prohibited firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition; (j) regulating the possession and use of restricted weapons; (k) for authorizing (i) the possession at any place, (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration, or (iii) the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms; (m) regulating the keeping and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition; (n) regulating the keeping and destruction of records by businesses in relation to ammunition; (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (l), (m) or (n); (p) prescribing the fees that are to be paid to Her Majesty in right of Canada for licences, registration certificates, authorizations, approvals of transfers and importations of firearms and confirmations by customs officers of documents under this Act; (q) waiving or reducing the fees payable under paragraph (p) in such circumstances as may be specified in the regulations; (r) prescribing the charges that are to be paid to Her Majesty in right of Canada in respect of costs incurred by Her Majesty in right of Canada in storing goods that are detained by customs officers or in disposing of goods; (s) respecting the operation of the Canadian Firearms Registry; (t) regulating the sending or issuance of notices and documents in electronic or other form, including (i) the notices and documents that may be sent or issued in electronic or other form, (ii) the persons or classes of persons by whom they may be sent or issued, (iii) their signature in electronic or other form or their execution, adoption or authorization in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as their signature, and (iv) the time and date when they are deemed to be received; (u) respecting the manner in which any provision of this Act or the regulations applies to any of the aboriginal peoples of Canada, and adapting any such provision for the purposes of that application; ... (w) prescribing anything that by any provision of this Act is to be prescribed by regulation. 118. (1) Subject to subsection (2), the federal Minister shall have each proposed regulation laid before each House of Parliament. (2) Where a proposed regulation is laid pursuant to subsection (1), it shall be laid before each House of Parliament on the same day. (3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House. (4) A proposed regulation that has been laid pursuant to subsection (1) may be made (a) on the expiration of thirty sitting days after it was laid; or (b) where, with respect to each House of Parliament, (i) the committee reports to the House, or (ii) the committee decides not to conduct inquiries or public hearings. (5) For the purpose of this section, "sitting day" means a day on which either House of Parliament sits. 119. (1) No proposed regulation that has been laid pursuant to section 118 need again be laid under that section, whether or not it has been altered. (2) A regulation made under section 117 may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 118 should not be applicable in the circumstances. (3) A regulation made under paragraph 117(i), (l), (m), (n), (o), (q), (s) or (t) may be made without being laid before either House of Parliament if the federal Minister is of the opinion that the making of the regulation is so urgent that section 118 should not be applicable in the circumstances. (4) Where the federal Minister forms the opinion described in subsection (2) or (3), he or she shall have a statement of the reasons why he or she formed that opinion laid before each House of Parliament. (5) A regulation may be made under paragraph 117(w) prescribing a date for the purposes of the application of any provision of this Act without being laid before either House of Parliament. (6) For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament. Excerpt from revised Criminal Code, Part III: 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed. (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes. New search and seizure powers for "inspectors" ============================================== Typically, police need 1.) either a warrant or permission from the lawful occupant to search a place and 2.) "reasonable and probable grounds" to believe an offence has been committed. 3.) Normally, police carry out searches. Condition 1 changes under Bill C-68 because police won't need a search warrant when the place is not a "dwelling house" and they will be able to get a warrant to search your house if they believe "on reasonable grounds" (but not "probable grounds") that: there are more than 10 firearms of any kind present, there is a business being carried on (or a record of such is present), or there is a "gun collection", a record of a "gun collection"**, or a prohibited firearm present at the place. **"gun collection" is not defined in C-68. It will likely be defined later, by Order in Council, under Section 117 (f). Condition 2: Bill C-68 uses the phrase "reasonable grounds" instead of the traditional "reasonable and probable grounds". Condition 3: Anyone deemed by "the provincial minister" to be an "inspector" may act in this new capacity. Under Bill C-68, any place that is not a "dwelling house" will be subject to a search, and seizures of any computer data and/or records. Registration would obviously give inspectors grounds to search or obtain a warrant to search a place where there are more than 10 registered, legal firearms, or where there is a "gun collection" or a business being carried on, or only a _record_ of a business or a "gun collection". Under Canadian law, a criminal offence is usually an action against another person, usually requiring criminal intent or "mens rea" (pronounced mens ray-uh, meaning "guilty mind"). Under Bill C-68, possession of a registered, licenced and, therefore, completely legal "gun collection" is grounds for a search. Possession of a record related to a legal "gun collection" is grounds for a search. Possession of more than 10 legal firearms is grounds for a search. No crime needs to be committed. As you read the following excerpt from Bill C-68, please be sure to note these things: 1. a "reasonable" but not "probable" belief of the presence of: - a business being carried on - a record of a business being carried on - a "gun collection" - a record of a "gun collection" - more than 10 firearms of any kind - a prohibited firearm would be grounds for a search. 2. inspectors may copy any records found at the place as well as any data on, or accessible to, any computer at the place 3. inspectors may take samples of any thing they find at the place 4. you could go to prison for two years if you do _not_ assist the inspector in their search Excerpt from Bill C-68: 101. In sections 102 to 105, "inspector" means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister. 102. (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may (a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply; (b) examine any firearm and examine any other thing that the inspector finds and take samples of it; (c) conduct any tests or analyses or take any measurements; and (d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations. (2) In carrying out an inspection of a place under subsection (1), an inspector may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document. (3) In carrying out an inspection of a place under subsection (1), an inspector may not use force. (4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm. (5) For greater certainty, in this section, "business" has the meaning assigned by subsection 2(1). 103. The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require. 104. (1) An inspector may not enter a dwelling-house under section 102 except (a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and (b) with the consent of the occupant or under a warrant. (2) A justice who on ex parte application is satisfied by information on oath (a) that the conditions for entry described in section 102 exist in relation to a dwelling house, (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant. (3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only (a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and (b) in addition, in the case of a dwelling- house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business. Failure to correctly register _and_ licence will be criminal ============================================================ Under Canadian law, a criminal offence is usually an action against another person, usually requiring criminal intent or "mens rea" (pronounced mens ray-uh, meaning "guilty mind"). Under Bill C-17 (passed in 1992) the crime can be as simple as leaving an unloaded firearm unlocked, or possession of a magazine that holds more than 5 cartridges (similar to possession of a controlled substance under the Narcotics Act). There are also procedural and regulatory offences that can get you time in prison and a criminal record (not just a fine). Bill C-68 makes a bad situation worse by expanding on this principle and creating more offences that are punishable by imprisonment. Contrary to some media reports, failure to register a firearm (even inadvertently) was _not_ de-criminalised. It will be a "dual procedure" offence (where the crown may indict or go for a summary conviction), and it remains criminal, not regulatory. The first, non-deliberate failure to register is supposed to be a summary offence (instead of an indictable offence), but it is still criminal. The onus is on the accused (you) to prove that firearms are legally registered. You will be fingerprinted and photographed. If you are found guilty of possessing an unregistered firearm, you can be summarily convicted, fined and/or indicted and imprisoned for up to ten years. You will have a criminal record. You will also be subject to a mandatory 10-year prohibition against owning any firearms. You will have just 14 days to appeal before your firearms are forfeited to the government. If the Crown goes for a summary conviction instead of indictment, you will be able to apply for the destruction of the prints and pictures. Excerpts from Bill C-68: 112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm. (2) Subsection (1) does not apply to (a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; ... (3) Every person who, at any particular time between the commencement day and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is neither a prohibited firearm nor a restricted firearm is deemed for the purposes of subsection (1) to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for the firearm. (4) Where, in any proceedings for an offence under this section, any question arises as to whether a person is the holder of a registration certificate, the onus is on the defendant to prove that the person is the holder of the registration certificate. ... 115. Every person who commits an offence under section 112, 113 or 114 is guilty of an offence punishable on summary conviction. 116. Any proceedings in respect of an offence under this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government. The history of Bill C-68 (now Chapter 39) ========================================= Most of Bill C-68 (now "Chapter 39 of the Annual Statutes of Canada, 1995" or "S.C. 1995, c. 39") is not yet law. The licence sections have been pushed back to 01 Jan 1997 and "universal" registration of won't start until 01 Jan 1999. The deadline for registration of non-restricted firearms (i.e. long arms) is 01 Jan 2003. Two small portions of Bill C-68 (Chapter 39) -- increasing minimum sentences for the use of a firearm during the commission of one or more of ten crimes from 1 or 3 years to 4 -- were proclaimed on 01 January 1996. IF YOU FIND AN EXAMPLE OF THE NEW 4 YEAR MINIMUM SENTENCES NOT BEING APPLIED, PLEASE FAX THE CLIPPING TO JACK RAMSAY, REFORM JUSTICE CRITIC, AT (613) 947-4611. The PC Senators could have killed C-68, but did not. There were three Senate votes on C-68 on 22 November 1995. The second vote, to pass the bill with a package of amendments, was very close: 47 for, 53 against (4 didn't vote). C-68 was then passed on the third vote, without any amendments 64 for, 28 against. Eleven abstained or didn't vote. (There were 104 senators at the time of the vote, but the speaker doesn't vote unless there is a tie.) If the 18 Conservative senators who voted for the final bill had voted against it, the vote would have been 46 to 46. If the 4 Tories who abstained had also voted against the bill, the vote would have been 50-46 against and C-68 would have been sent back to the Commons and may have "died" there. Instead, Bill C-68 received Royal Assent on 05 December 1995. NB: The excerpts from Bill C-68 are all from the June 1995 version. Minor changes were made before it was passed by the Senate. I will update the excerpts soon. The latest version of C-68 is available from the Cdn-firearms Home Page and from the Department of Justice web site (URLs listed below). For more information... ======================= You can find a few reasons to oppose Bill C-68 at: http://cdn-firearms.ml.org/cdn-firearms/Faq/ctg.html#C68 http://www.sscl.uwo.ca/~eric/cfa/Faq/ctg.html#C68 Chapter 39, 1995 (Bill C-68) is available from: http://teapot.usask.ca/cdn-firearms/Gov/c68.html http://www.sscl.uwo.ca/~eric/cfa/Gov/c68.html http://www.interlog.com/~alton/c68.html ftp://teapot.usask.ca/pub/cdn-firearms/Gov/c68 http://canada.justice.gc.ca/STABLE/EN/Laws/Chap/F/F-11.6.html or ask your Member of Parliament to send you a copy of "Chapter 39 of the Statutes of Canada, 1995". The current regulations are available from: http://canada.justice.gc.ca/FTP/EN/Regs/Chap/C/C-46/index.html The Cdn-Firearms Home Page can be found at the following URLs: http://teapot.usask.ca/cdn-firearms/homepage.html http://www.sscl.uwo.ca/~eric/cfa/homepage.html ================================== END ================================== This article is available from: http://teapot.usask.ca/cdn-firearms/Faq/c68.txt http://www.sscl.uwo.ca/~eric/cfa/Faq/c68.txt ftp://teapot.usask.ca/pub/cdn-firearms/Faq/c68.txt Changes or additions to this posting should be sent to: ab133@sfn.saskatoon.sk.ca