FIREARMS FACTS - UPDATE

STORING FIREARMS, LENDING FIREARMS AND CARRYING FIREARMS LICENCES AND REGISTRATION CERTIFICATES

November 7, 2002

On October 31, 2002 the lawyers in the Parliamentary Research Branch of the Library of Parliament, provided the following background information in response to the following questions but warned that their responses did not constitute legal advice.

MUST A PERSON CARRY FIREARMS LICENCES AND REGISTRATION CERTIFICATES WITH THEIR FIREARMS?

“There does not appear to be any positive requirement to carry a licence and registration certificate when in possession of a firearm.  The legislation requires that a person be a holder of such documents to avoid being in contravention of the legislation.  There may be negative consequences, however, if a person is not carrying the proper documents.  Section 117.03 of the Criminal Code provides that a peace officer who finds a person in possession of a firearm and who fails to produce proper documentation at the peace officer’s request may seize the firearm unless its possession by the person in the circumstances in which it is found is authorized by the legislation.  The firearm would be returned if the person claims the firearm and produces the proper documentation within fourteen days.”

MUST FIREARMS BE STORED AT THE ADDRESS LISTED ON THE OWNER’S FIREARMS LICENCE?

“With respect to a restricted or prohibited firearm, section 17 of the Firearms Act states that such a firearm may only be possessed at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a CFO.  There is no such requirement for non-restricted firearms.”

MUST THE LENDER OR THE BORROWER OF A FIREARM INFORM THE GOVERNMENT OF SUCH A TRANSACTION?

“In general, there is no requirement to inform the government regarding a lending transaction in relation to firearms.  Section 33 of the Firearms Act requires that, in most cases, the person also lend the registration certificate for the firearm to the borrower.  It should be noted, however, that in the case of a restricted or prohibited firearm, the borrower would have to obtain an authorization to transport and therefore make an application to the proper government official.  In addition, the transaction must be a true lending transaction and not a disguised transfer.”