Script 242 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Canada’s main gun control law is the Firearms Act. It applies to everyone who owns, borrows, buys, or inherits guns (called firearms in this script).

The Firearms Act requires you to have a valid firearms licence to own, borrow or obtain firearms. You need to renew your licence before it expires - for as long as you own or use firearms. You must also register all firearms. Control of firearms is similar to control of cars. You need a licence to drive, and you have to register your car. As well, you have to store all firearms unloaded and locked for safety. 

What licence do you need?

Possession-and-Acquisition Licence, or PAL, for short - if you are 18 or older and do not have a licence, or if your licence has expired, this is the only licence you can get. To get a PAL, you have to first pass the Canadian Firearms Safety Course. And before the authorities give you a PAL, they do background safety checks on you. They may contact spouses, ex-spouses, or other people you have lived with and ask them if they have any safety concerns about you owning a gun.

Possession-Only Licence or POL, for short - if you have this licence, you may renew it, but you can’t get a new one. As a new licence, this was available only to firearm owners who applied before January 1, 2001. To renew a POL, you must apply before it expires and have at least one firearm registered in your name. A Possession-Only Licence lets you use firearms that are already registered to you. It also lets you borrow firearms like the ones you own. But if you want to add to your firearms collection, or if you no longer own firearms but want to borrow one, you must upgrade your Possession-Only Licence to a Possession-and-Acquisition Licence.

Minor’s licence - this is for people under 18. It lets you borrow ordinary rifles and shotguns for hunting or target shooting, but it does not let you own any firearms.

What types of firearms are there?
Under the Firearms Act, there are three types of firearms: non-restricted, restricted, and prohibited. Your licence tells you what type you can have.

Non-restricted firearms include ordinary shotguns and rifles, such as those used for hunting. But some military type rifles and shotguns are prohibited - see “Prohibited firearms” below.

Restricted firearms include certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted. You can only have restricted firearms for a purpose that the Firearms Act allows, such as gun collecting or target shooting.

Prohibited firearms include most .32 and .25 caliber handguns and most handguns with a short barrel (commonly known as “Saturday night specials”). Fully automatic machine guns, converted automatics, guns with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited.

You may be licensed to own prohibited firearms if you have “grandfathering privileges” for that particular type of prohibited firearm. You would also be able to obtain more firearms of the same type, but only if the firearm is grandfathered too. To have grandfathering privileges for a particular type of prohibited firearm, you must have held a valid registration certificate for that type of firearm from December 1, 1998 onward, without a break. Generally, for a prohibited firearm to be grandfathered, it must have been registered in Canada on December 1, 1998.

In other words, if you get rid of all your prohibited firearms, or if your registration certificates become invalid for any reason, you lose your grandfathering privileges and can no longer have prohibited firearms. To keep your registration certificates valid and stay grandfathered, it is important to keep your licence valid by renewing it before it expires. Even if you are grandfathered, you would not be able to obtain a prohibited firearm that is not grandfathered. For example, you would not be able to make one, bring one into Canada as a new import, or buy one that has never been registered.

How much does a licence cost and how long does it last?
In most cases, your first Possession-and-Acquisition Licence will cost $60 if it is just for non-restricted firearms or $80 for any combination of non-restricted, restricted, and prohibited firearms. These licences need to be renewed every 5 years for as long as you have firearms. Possession-Only Licences also have to be renewed every 5 years.

A minor’s licence costs $10 for up to one year; $20 for up to two years, and $30 for more than two years. 

Until May 17, 2008, there is no fee to renew a Possession-Only Licence, a Possession-and-Acquisition Licence or a minor’s licence. There is also no fee to upgrade a Possession-Only Licence to a Possession-and-Acquisition Licence. After that date, fees may apply - the government hasn’t decided yet.

You have to pay for a Possession-and-Acquisition Licence if you upgrade from a minor’s licence when you turn 18.

How do you register firearms?
To register a firearm, you need a valid licence allowing you to have that type of firearm. There is no fee to register a firearm. Also, you need to get your firearm verified by an approved verifier before you register it. Call 1 800 731-4000 to have a firearm verified.

All firearms had to be registered by January 1, 2003. If you registered any restricted or prohibited firearms under the old system (before December 1, 1998), you also had to re-register them by January 1, 2003. Earlier registrations are no longer valid. If you have any non-restricted or restricted firearms that have not yet been registered, you can still apply. There is no late penalty. But you risk penalties under the Criminal Code if police find you with an unregistered firearm.

You have two ways to register these firearms and any other firearms that have never been registered in Canada, such as new imports or firearms you make yourself.

1. online, at the Canada Firearms Centre web site: www.cfc-cafc.gc.ca
2. with a paper application form - call 1.800.731.4000 to get a form or get it from the website at www.cfc-cafc.gc.ca

Registering prohibited firearms
If you did not re-register your prohibited firearms by the January 1, 2003 deadline, you have lost your grandfathered privileges for them and must dispose of them. However, as long as the firearms were registered on December 1, 1998, they are grandfathered and can be sold or given to someone who is licensed to acquire that type of prohibited firearm.

Transferring registration to a new owner
Any time a registered firearm is sold or given to someone else, it must be deregistered from the first owner and registered to the new owner. This is called a transfer. Transferring and registering a firearm to a new owner differs from registering a firearm that has never been registered. There are three ways:

1. call 1 800 731-4000 to transfer by phone.
2. if either the buyer or the seller is a licensed business, the transfer can be done online. The business will need to start the process by going to the Canada Firearms Centre’s website at www.cfc-cafc.gc.ca. 
3. call 1 800 731-4000 to get a paper transfer form or get it from the web site at www.cfc-cafc.gc.ca.

Disposing of firearms
If you have firearms that you no longer want, or can no longer lawfully own, you can dispose of them in any of the following ways:

• sell or give them to an individual or business licensed to acquire them, including a museum
• have them permanently deactivated by a licensed gunsmith
• export them to a country that allows them
• turn them in to a police or firearms officer for disposal

When you dispose of a registered firearm, you need to let the Registrar know. You may also need to provide proof that you have disposed of it, such as a receipt from police if you turn it in, an import or shipping document if you send it to another country, or a deactivation notice completed by a gunsmith. 

What penalties are in the Firearms Act?
The penalties are stiff if you break the law. If you have a firearm without a license and registration certificate, you risk a jail sentence of up to 5 years. People who deliberately break the law can be penalized up to 10 years in jail.

If you change your address
If you have a licence, you must let the Canada Firearms Centre know if you change your address. That ensures you get important information, such as notices reminding you to renew your licence. You can change your address through their website or by calling 1 800 731-4000.

For more information
Call the Canada Firearms Centre at 1.800.731.4000 or check its website at www.cfc-cafc.gc.ca for detailed information, including fact sheets on several topics. You can get licence and registration application forms from the website or from post offices and federal government centres.

Summary
To own or acquire a firearm, you need a licence and the firearm must be registered. Your licence tells you what class of firearm you’re allowed to own: non-restricted hunting rifle, restricted semi-automatic, or prohibited handgun. Your grandfathered privileges for prohibited firearms are only valid if you continue to hold a valid registration certificate for a firearm in that category of prohibited firearms.

[updated December 2006]

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