History
of Firearms Control in Canada up to and including the Firearms Act
Pre-1892
Justices of the Peace had the
authority to impose a six-month jail term on anyone carrying a handgun, if
the person did not have reasonable cause to fear assault against life or
property.
1892
The first Criminal Code required
individuals to have a basic permit, known as a "certificate of
exemption," to carry a pistol unless the owner had cause to fear
assault or injury. It became an offence to sell a pistol to anyone
under 16. Vendors who sold pistols or airguns had to keep a record
of the purchaser's name, the date of the sale and information that could
identify the gun.
1913
Carrying a handgun outside the home
or place of business without a permit could result in a three-month
sentence. It became an offence to transfer a firearm to person under
the age of 16, or for a person under 16 to buy one. The first
specific search, seizure and forfeiture powers for firearms and other
weapons were created.
1919-1920
A Criminal Code amendment required
individuals to obtain a permit to possess a firearm, regardless of where
the firearm was kept. These permits were available from a
magistrate, a chief of police or the RCMP. British subjects did not
need a permit for shotguns or rifles they already owned; they only needed
one for newly acquired firearms. Permits were valid for one year
within the issuing province. The Criminal Code did not provide for a
central registry; records were maintained at a local level.
1921
A Criminal Code amendment repealed
the requirement for everyone in possession of a firearm to have a
permit. Instead, only 'aliens' needed a permit to possess
firearms. (British subjects still needed a permit to carry pistols
or handguns).
1932-1933
Specific requirements were added
for issuing handgun permits. Before this, applicants only had to be
of 'discretion and good character.' They now also had to give
reasons for wanting a handgun. Permits could only be issued to
protect life or property, or for using a firearm at an approved shooting
club. The minimum age for possessing firearms was lowered from 16 to
12 years. Other changes included the creation of the first mandatory
minimum consecutive sentence -- 2 years for the possession of a handgun or
concealable firearm while committing an offence. The punishment for
carrying a handgun outside the home or place of business was increased
from 3 months to a maximum of 5 years.
1934
The first real registration
requirement for handguns was created. Before then, when a permit
holder bought a handgun, the person who issued the permit was
notified. The new provisions required records identifying the owner,
the owner's address and the firearm. These records were not
centralized. Registration certificates were issued and records were
kept by the Commissioner of the RCMP or by police departments that
provincial Attorneys General had designated as firearms registries.
1938
Handguns had to be re-registered
every five years, starting in 1939. (Initially, certificates
had been valid indefinitely). While guns did not require serial
numbers, it became an offence to alter or deface numbers (S.C.1938, c.
44). The mandatory 2-year minimum sentence provision was extended to
include the possession of any type of firearm, not just handguns or
concealable firearms, while committing an offence. The minimum age
was raised from 12 to 14 years. The first "minor's permit"
was created to allow persons under 14 to have access to firearms.
1939-1944
Re-registration was postponed
because of World War II. During the war years, rifles and shotguns
had to be registered. This was discontinued after the war ended.
1947
The Criminal Code provisions
dealing with 'constructive murder' were expanded to include any case where
a death resulted from the possession or use of any weapon, including any
firearm, during the commission of an offence, even if the offender did not
intend to kill
1950
The Criminal Code was amended so
that firearm owners no longer had to renew registration
certificates. Certificates became valid indefinitely.
1951
The registry system for handguns
was centralized under the Commissioner of the RCMP for the first
time. Automatic firearms were added to the category of firearms that
had to be registered. These firearms now had to have serial
numbers. The 2-year mandatory minimum sentence created in 1932-33
was repealed after a 1949 Supreme Court decision (R. v. Quon) found that
it did not apply to common crimes such as armed robbery.
1968-1969
The categories of
"firearm," "restricted weapon" and "prohibited
weapon" were created for the first time. This ended confusion
over specific types of weapons and allowed the creation of specific
legislative controls for each of the new categories. The new
definitions included powers to designate weapons to be prohibited or
restricted by Order-in-Council. The minimum age to get a minor's
permit to possess firearms was increased to 16. For the first time,
police had preventive powers to search for firearms and seize them if they
had a warrant from a judge, and if they had reasonable grounds to believe
that possession endangered the safety of the owner or any other person,
even though no offence had been committed. The current registration
system, requiring a separate registration certificate for each restricted
weapon, took effect in 1969.
1976
Bill C-83 was introduced. Its
proposals included: new offences and stricter penalties for the criminal
misuse of firearms; and the prohibition of fully automatic firearms.
It also proposed a licencing system requiring anyone aged 18 or older to
get a licence to acquire or possess firearms or ammunition. (Those
under 18 were eligible only for minor's permits). The licencing
provisions were based on the concept that people should have to show
fitness and responsibility before being allowed to use firearms. To
this end, Bill C-83 would have required licence applicants to include
statements from two persons who were willing to guarantee the applicant's
fitness. The Bill died on the Order Paper in July 1976.
1977
Bill C-51 passed in the House of
Commons. It then received Senate approval and Royal Assent on August
5. The two biggest changes included requirements for Firearms
Acquisition Certificates (FACs) and requirements for Firearms and
Ammunition Business Permits. Other changes included provisions
dealing with new offences, search and seizure powers, increased penalties,
and new definitions for prohibited and restricted weapons. Fully
automatic weapons became classified as prohibited firearms unless they had
been registered as restricted weapons before January 1, 1978.
Individuals could no longer carry a restricted weapon to protect
property. Mandatory minimum sentences were re-introduced. This
time, they were in the form of a 1-14 year consecutive sentence for the
actual use (not mere possession) of a firearm to commit an indictable
offence.
1978
All of the provisions contained in
Bill C-51 came into force, except for the requirements for FACs and for
Firearms and Ammunition Business Permits.
1979
The requirements for FACs and
Firearms and Ammunition Business Permits came into force. Both
involved the screening of applicants and record-keeping systems.
Provinces were given the option of requiring FAC applicants to take a
firearm safety course.
1990
Bill C-80 was introduced but died
on the Order Paper. (Many of the proposals contained in Bill C-80
were later included in Bill C-17). Among the major changes proposed
by Bill C-80 were; the prohibition of automatic firearms that had been
converted to semi-automatics to avoid the 1978 prohibition; the creation
of new controls for other types of military or paramilitary firearms; and
better screening of FAC applicants.
1991-1994
Bill C-17 was introduced. It
passed in the House of Commons on November 7, received Senate approval and
Royal Assent on December 5, 1991, then came into force between 1992 and
1994. Changes to the FAC system included requiring applicants to
provide a photograph and two references; imposing a mandatory 28-day
waiting period for an FAC; a mandatory requirement for safety training;
and expanding the application form to provide more background
information. Bill C-17 also required a more detailed screening check
of FAC applications. Some other major changes included: increased
penalties for firearm related crimes; new Criminal Code offences; new
definitions for prohibited and restricted weapons; new regulations for
firearms dealers; clearly defined regulations for the safe storage,
handling and transportation of firearms; and a requirement that firearm
regulations be drafted for review by Parliamentary committee before being
made by Governor-in-Council. A major focus of the new legislation
was the need for controls on military, paramilitary and high-firepower
guns. New controls in this area included the prohibition of
large-capacity cartridge magazines for automatic and semi-automatic
firearms, the prohibition of automatic firearms that had been converted to
avoid the 1978 prohibition (existing owners were exempted); and a series
of Orders-in-Council prohibiting or restricting most paramilitary rifles
and some types of non-sporting ammunition. The Bill C-17 requirement
for FAC applicants to show knowledge of the safe handling of firearms cam
into force in 1994. To demonstrate knowledge, applicants had to pass
the test for a firearms safety course approved by a provincial Attorney
General, or a firearms officer had to certify that the applicant was
competent in handling firearms safely. Bill C-17 added a requirement
that safety courses had to cover firearms laws as well as safety
issues. After the 1993 federal election, the new Government
indicated its intention to proceed with further controls, including some
form of licencing and registration system that would apply to all firearms
and their owners. Provincial and Federal officials met several times
between January and July to define issues relating to universal licencing
and registration proposals. Between August 1994 and February 1995,
policy options were defined for a new firearms control scheme, and new
legislation was drafted.
1995
Bill C-68 was introduced February
14. Senate approval and Royal Assent were granted on December 5,
1995. Major changes include:
- Criminal Code amendments providing
harsher penalties for certain serious crimes where firearms are
used. For example, kidnapping, murder.
- The creation of the Firearms Act, to
take the administrative and regulatory aspects of the licencing and
registration system out of the Criminal Code
- A new licencing system to replace the
FAC system
- Licences required to possess and acquire
firearms, and buy ammunition
- Registration of all firearms, including
shotguns and rifles
1996
The provisions requiring mandatory
minimum sentences for serious firearms crimes came into effect in
January. The Canadian Firearms Centre (CFC) was given the task to
develop the regulations, systems and infrastructure needed to implement
the Firearms Act. CFC officials consulted extensively with the
provinces and territories, and with groups and individuals with an
interest in firearms, to ensure that the regulations reflected their needs
as much as possible.
The Minister of Justice tabled proposed
regulations on November 27. These dealt with such matters as:
- All fees payable under the Firearms Act
- Licencing requirements for firearms
owners
- Safe storage, display and transportation
requirements for individuals and businesses
- Authorizations to transport restricted
or prohibited firearms
- Authorizations to carry restricted
firearms and prohibited handguns for limited purposes
- Authorizations for businesses to import
or export firearms
- Conditions for transferring firearms
from one owner to another
- Record keeping requirements for
businesses
- Adaptations for Aboriginal people
1997
In January and February, public
hearings on the proposed regulations were held by the House of Commons
Sub-Committee on the Draft Regulations on Firearms, of the Standing
Committee of Justice and Legal Affairs, and by the Senate Legal and
Constitutional Affairs Committee. Based on the presentations that
were made, a number of recommendations were made for improvements to the
regulations. These recommendations were to clarify various
provisions and to give more recognition to legitimate needs of firearms
users. The Committee also recommended that the government develop a
variety of communications programs to provide information on the new law
to groups and individuals with an interest in firearms. In April,
the Minister of Justice tabled the governments response, accepting all but
one of the Committee's 39 recommendations. The government rejected a
recommendation for an additional procedure in the licence approval
process. In October, the Minister of Justice tabled some amendments
to the 1996 regulations. She also tabled additional regulations at
that time, dealing with: firearms
registration certificates; exportation and importation of firearms; the
operation of shooting clubs and shooting ranges; gun shows special
authority to possess; and public agents
1998
The regulations were passed in
March. The Firearms Act and regulations are being phased in starting
December 1, 1998.
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