Special Bulletin for Police No. 70
August 28, 2006 Notice
The information contained in this bulletin is considered accurate the date of publication. The information has not been updated to reflect any changes to the Firearms Act and related regulations. |
Amnesty for Some Long-Gun Owners
Snapshot
- There is an amnesty for individuals who possess non-restricted firearms without a valid licence and/or registration certificate if they held a licence that expired after January 1, 2004.
- The amnesty period is from May 17, 2006 until May 17, 2007.
- During the term of the amnesty, protected individuals cannot incur criminal liability under the Criminal Code for unauthorized possession of a non-restricted firearm.
- Affected owners must comply with the licensing and registration requirements of the Firearms Act, or lawfully dispose of their firearms, by the amnesty deadline.
On May 17, 2006, the Minister of Public Safety announced an amnesty for certain individuals who are in possession of a non-restricted firearm without a valid licence or registration certificate. The Canada Firearms Centre (CAFC) has received several calls from police, seeking more information about the amnesty. The purpose of this bulletin is to answer some questions that police may have.
Who is protected by the amnesty?
The amnesty applies to individuals who possess non-restricted firearms without a valid firearms licence or registration certificate if the individual held a licence that expired after January 1, 2004.
The amnesty does not protect individuals who:
- never held a firearms licence; or
- whose most recent licence or Firearms Acquisition Certificate expired before January 2004; or
- who possess restricted or prohibited firearms without a valid licence and/or registration certificate.
What protection does the amnesty provide?
Individuals protected by the amnesty cannot incur criminal liability under the Criminal Code for unlawful possession of a non-restricted firearm. Other offences pertaining to non-restricted firearms (for example, unsafe storage) continue to apply.
What is the term of the amnesty?
The amnesty term is from May 17, 2006 until May 17, 2007.
How does the amnesty affect individuals who were charged for unauthorized possession of a non-restricted firearm before May 17, 2006?
The amnesty is not retroactive. Charges laid before May 17, 2006 continue to apply.
Now that the amnesty is in place, what are police supposed to do when they receive a notice from the Registrar, indicating that a particular individual is in illegal possession of firearms because their licence has expired and their registration certificates have been revoked?
Police officers have certain powers of discretion. It is not the CAFC’s place to attempt to override those powers. However, here are a few things to keep in mind when deciding what action to take:
- Before taking any action, check the class of the firearms listed on the notice of registration revocation. The amnesty only applies to non-restricted firearms, not to restricted or prohibited firearms. If you are not sure about the class of a firearm listed on a registration revocation notice, please contact us through one of the means set out below. We will be happy to assist you.
- Individuals protected by the amnesty cannot incur criminal liability for possessing a non-restricted firearm without a valid licence or registration certificate. However, they are still in unauthorized possession of the firearm and police have the authority to seize the firearm at their discretion . We suggest that you conduct a risk assessment. In conducting your risks assessment, you may wish to include whether the person is of interest in your area, prior convictions or arrests, and any other information that may be a cause of concern relating to public safety. Please note that the Canadian Firearms Information System only conducts automatic, continuous, public safety checks on individuals with a valid licence.
- Your agency’s legal counsel may advise you further on what action to take if you still have questions.
Our agency is holding non-restricted firearms that were seized from owners who did not have a valid licence or registration certificate. Now that the amnesty is in place, may we return the firearms to the owner?
Once firearms have been seized from an individual, they should not be returned until the individual complies with the law and obtains the necessary licence and registration certificate. Alternatively, if the owner transfers and registers the firearms to a properly licensed business or individual, or to a public agency, the firearms may be released to the new owner.
May our agency dispose of non-restricted firearms that were seized from an individual who is protected by the amnesty?
As set out in s.117.03(3) of Part III of the Criminal Code, if an individual does not ask for a reference hearing related to the seized firearm, a provincial court judge may declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs. The police agency may also use their discretion and retain the seized firearm to allow the individual reasonable time to obtain a licence in order to possess the said firearm.
Reminders
The requirements to report agency inventory, as set out in sections 8 to 10 and sections 12 to 16 of the Public Agents Firearms Regulation, are not yet in effect. However, you are required to report to the Registrar of Firearms any registered firearms that have been turned in to your agency. Please notify us again if you destroy those firearms. This information can be sent by fax to 613-993-5548 or by e-mail to cfc-cafc@cfc-cafc.gc.ca
If someone turns a firearm in to your agency for disposal, please give them a receipt or some other type of written confirmation that the firearm has been turned in. This will help them to provide proof, if they should need it, that they have lawfully disposed of the firearm.
Information for the Police
To ensure that you are on our distribution list, or that your contact information is current, you may contact us through any of the means indicated below.
- Any police agent can use the CAFC Police-Only Information and Referral Line at 1 800 731-4000, ext. 2064 (E) or 2063 (F) (toll-free) to obtain information or to obtain publications that are available.
Information for the Public
- Members of the public must not be referred to the Police-Only Line but can be referred to the public lines at 1 800 731-4000 (toll-free)
This bulletin is intended to provide general information only, and may only be copied and distributed within the police community. For legal references, please refer to the Firearms Act and its supporting regulations .
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