The FULL Story on Canada’s Safe Storage Requirements for Firearms

If you read the prime minister’s mandate letter to Public Safety Minister Bill Blair[i] but don’t know anything about Canada’s firearm laws, you will be forgiven for coming away with the impression there are no safe storage regulations on the books in Canada.

The prime minister’s letter deliberately gives that impression.

To set the record straight, and to shine the light of truth on the prime minister’s disingenuous statements, listed below are the safe storage requirements for both rifles and handguns in Canada. Handguns (Restricted Firearms) have additional requirements on top of those for rifles (Non-Restricted Firearms).

NOTE: At no time may a loaded firearm be “stored” in Canada.

Storage of Non-Restricted Firearms (Rifles and Shotguns)[ii]

• 5 (1) An individual may store a non-restricted firearm only if
  • (a) it is unloaded;
  • (b) it is
    • (i) rendered inoperable by means of a secure locking device,
    • (ii) rendered inoperable by the removal of the bolt or bolt-carrier, or
    • (iii) stored in a container, receptacle or room that is kept securely locked and that is constructed so that it cannot readily be broken open or into; and
  • (c) it is not readily accessible to ammunition, unless the ammunition is stored, together with or separately from the firearm, in a container or receptacle that is kept securely locked and that is constructed so that it cannot readily be broken open or into.
• (2) Paragraph (1)(b) does not apply to any individual who stores a non-restricted firearm temporarily if the individual reasonably requires it for the control of predators or other animals in a place where it may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.
• (3) Paragraphs (1)(b) and (c) do not apply to an individual who stores a non-restricted firearm in a location that is in a remote wilderness area that is not subject to any visible or otherwise reasonably ascertainable use incompatible with hunting.

Storage of Restricted Firearms (Handguns and Some Rifles and Shotguns)[iii]

6 An individual may store a restricted firearm only if

• (a) it is unloaded;
• (b) it is
  • (i) rendered inoperable by means of a secure locking device and stored in a container, receptacle or room that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
  • (ii) stored in a vault, safe or room that has been specifically constructed or modified for the secure storage of restricted firearms and that is kept securely locked; and
• (c) it is not readily accessible to ammunition, unless the ammunition is stored, together with or separately from the firearm, in
  • (i) a container or receptacle that is kept securely locked and that is constructed so that it cannot readily be broken open or into, or
  • (ii) a vault, safe or room that has been specifically constructed or modified for the secure storage of restricted firearms and that is kept securely locked.

Criminal Code Penalties

Section 86(1) and (2) deal with careless use and unsafe storage of firearms.[iv]

• 86(1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

• Marginal note: Punishment

(3) Every person who commits an offence under subsection (1) or (2)

• (a)is guilty of an indictable offence and liable to imprisonment
  • (i)in the case of a first offence, for a term not exceeding two years, and
  • (ii)in the case of a second or subsequent offence, for a term not exceeding five years; or
• (b)is guilty of an offence punishable on summary conviction.

 

Sources:

[i] https://pm.gc.ca/en/mandate-letters/minister-public-safety-and-emergency-preparedness-mandate-letter

[ii] https://laws-lois.justice.gc.ca/eng/Regulations/SOR-98-209/page-1.html#h-1019943

[iii] https://laws-lois.justice.gc.ca/eng/Regulations/SOR-98-209/page-1.html#h-1019954

[iv] https://laws-lois.justice.gc.ca/eng/acts/c-46/page-21.html