- Gun Control and Firearms Crimes
- How to Get a Gun License in Canada
- What Are the Available Types of Gun Licenses in Ontario?
- Carrying, Transportation and Firearm Storage Regulations in Canada
- What Are the Consequences of Gun Charges?
- Recent Changes in Gun Laws in Canada
In the last few years, the Canadian government has introduced the most stringent gun control policy in history. Today, the current list of restricted firearms exceeds 1,500 types of rifles and handguns, which, along with the latest amendments to gun laws, makes it impossible to legally own and handle these weapons.
Still, if you are interested in legal possession of a firearm in Canada, you need to go through a training course and apply for a gun license. Below is the overview of the current legislation regulating firearms, a practical roadmap on how to get a gun license in Ontario and recent changes in gun laws and police approaches to gun-related crimes.
Gun Control and Firearms Crimes
In Canada, possession and use of firearms are regulated by the Firearms Act and the Criminal Code, along with separate regulations, such as Orders in Council (OICs), made by the government. The Firearms Act sets the rules for licensing and handling of weapons, while the Criminal Code defines the types of non-restricted, restricted and prohibited firearms and sets penalties for crimes involving gun charges in Canada.
Additionally, the Firearms Act sets the overall framework for the Canadian Firearms Program (CFP), implemented by the police The CFP program handles the administration of firearms licenses, license renewal and safety training.
How to Get a Gun License in Canada
If you are interested in how to buy a gun in Canada, you need to start with getting a firearm license. The process of getting a gun licence in Ontario goes through several stages, with the first one being registration for the Canadian Firearms Safety Course. The CFSC is a standardized introductory course teaching how to safely handle firearms through several modules, each of which typically takes one day to complete. The topics covered by the course include:
- types of firearms, their major parts and evolution,
- firearms safety practices,
- types of ammunition,
- operating firearm actions,
- procedures for safe handling and carrying,
- firing techniques,
- servicing and cleaning of firearms,
- social responsibilities of the firearms owners and users,
- rules for safe storage, display, transportation and handling of firearms.
After you pass the course, you will have a safety exam, including written and practical sections. The written part has 50 multiple-choice questions, and you need to answer at least 80% of them correctly to pass the test. During the practical test, you will handle different types of firearms in various scenarios, for example, loading and unloading a firearm or ensuring it is pointed in a safe direction, excluding live firing of weapons.
If you pass the test, you will need to file an application for a firearm license and pass a background check. There is a waiting period of at least 28 days after filing an application before the chief firearms officer may issue a license. On top of that, the police will take a minimum of 45 days to complete their evaluation, including mental health background checks for firearm ownership.
What Are the Available Types of Gun Licenses in Ontario?
In Canada, firearms are classified as either non-restricted, restricted or prohibited. For example, handguns, semi-automatic rifles and assault firearms are either prohibited or restricted and are unattainable for most Canadians. At the same time, most bolt-action rifles and other non-automatic rifles are non-restricted. Meanwhile, if you wonder how many guns you can own in Canada, the good news is that Canadian gun laws still have no limitation on the number of firearms in individual possession.
Even though today you cannot buy a handgun or another restricted weapon in Canada, you can still apply for a license for these types of weapons. The Firearms Act allows two types of licenses for owners of non-restricted and restricted firearms, known as the Possession and Acquisition License (PAL) and the Restricted Possession and Acquisition License (RPAL).
The law requires holders of PAL and RPAL to renew them every 5 years to legally own and use their firearms.
Carrying, Transportation and Firearm Storage Regulations in Canada
During your safety course, you will learn all the rules for handling your firearms, including safe practices for their storage, transportation and service. These rules are defined in the Firearms Act and applied to the owners of both non-restricted and restricted weapons.
- Storage. You can store your firearms only if they are unloaded, rendered inoperable, for example, by a lock, and are not readily accessible to ammunition. Non-restricted firearms can be kept in a securely locked container, while storage of restricted and prohibited firearms requires a vault, safe or a specially constructed room.
- Transportation. Canadian gun regulations allow the owners to legally transport their firearms between sites where the owners can legally shoot their weapons. To do so, you need to transport firearms only in unloaded condition, rendered inoperable by a lock (except for non-restricted firearms, although it is still recommended) and make sure your firearms are not visible from the outside of the vehicle.
- Handling. The Firearms Act allows loading a firearm only at places where you can legally shoot, for example, in hunting sites.
Last but not least, the owners of restricted and prohibited firearms need an Authorization to Transport (ATT) and Authorization to Carry (ATC). While the ATT can be received by filing an application, the ATC is practically impossible to obtain except for a very limited number of cases.
What Are the Consequences of Gun Charges?
The Criminal Code defines several types of gun charges in Canada involving use, possession, trafficking, assembling and other types of offences. Many of these charges are hybrid offences that the Crown can prosecute either summarily or by indictment.
In a summary conviction, a gun-related crime can result in a maximum sentence of 2 years less a day and/or a $5,000 fine. Meanwhile, a serious offence involving firearms, for example, assault with a weapon under the Criminal Code, can carry a maximum penalty of 10 years in prison in an indictable conviction. Other consequences of a conviction for firearm-related crimes, for example, a criminal record, ban on possession of firearms or a DNA order, can be no the less disruptive to anyone’s life.
Recent Changes in Gun Laws in Canada
During the last years, the government has been imposing stricter controls on guns by introducing several enactments and Orders in Council (OIC), aiming “to protect Canadians from gun violence.” Thus, in 2020, the government banned over 1,500 types of firearms, including them in the list of restricted and prohibited weapons. The later Bill C-21 expanded the restrictions, culminating in the actual handgun ban in Canada.
Since handguns are widely known as the preferred weapons of criminals, the government has outlawed purchasing and selling these types of firearms. Meanwhile, the Restricted Possession and Acquisition License covering these types of weapons is still available to those who expect the current policies to change and hope to have the legal right to buy a handgun in future.
Conclusion
The Canadian government takes gun-related crimes seriously and imposes severe penalties for gun-related crimes. Those interested in how to buy a gun in Canada need to pass a safety course and learn how to handle and store their firearms, apply for a firearm license and have it regularly renewed to comply with gun laws. Meanwhile, purchasing certain types of firearms, including handguns, is not legal in Canada with the current legislation in place.
That said, the police and the Crown have a zero-tolerance approach to firearm abuse and have special “Guns and Gangs” teams to combat firearm-related crimes. If you are involved in a situation concerning unlawful gun possession or face a question of what to do if charged with assault with a weapon in Barrie, Innisfil, Etobicoke, Mississauga or anywhere in the Greater Toronto Area, please don’t hesitate to contact Vilkhov Law criminal defence team for a free consultation.
