Replica Firearms

Here is some information on how the Firearms Act and Criminal Code apply to replica firearms. A replica firearm is a device that is not a real firearm, but that was designed to look exactly or almost exactly like a real firearm, other than an antique firearm.

Replica firearms are prohibited.

To be prohibited as a replica firearm, a device must closely resemble an existing make and model of firearm. If it looks like an antique firearm, as defined by the Criminal Code and Criminal Code Regulations, it is not prohibited.

The Canada Firearms Centre receives many enquiries from people wondering whether an imitation firearm would be considered a replica if it resembles a real firearm in many ways, but it is made of clear or brightly coloured plastic, or is much smaller in size.

Many of these devices need to be assessed case by case. As a general rule, however, those made out of clear plastic and those that are a lot smaller than the real firearm are not prohibited replicas. Those that are brightly coloured might be prohibited, depending on other features. If you have any questions about a particular imitation firearm, call 1 800 731-4000, ext. 1094, for assistance.

Possessing or Acquiring Replica Firearms

As an individual, you may keep any replicas that you owned on December 1, 1998. You do not need a licence to possess a replica firearm and it does not have to be registered. However, you cannot acquire, make or import a replica firearm. If you take a replica firearm out of Canada, you cannot bring it back in.

If you are a business, you may possess, acquire or import replica firearms only if you have a valid Firearms Business Licence that allows you to possess prohibited device for an approved purpose.

Lending or Borrowing Replica Firearms

You cannot sell or give a replica firearm to an individual or to an unlicensed business. However, you can lend a replica firearm to:

• a person who borrows it specifically to fulfill their duties or employment in a motion picture, television, video or theatrical or publishing activities; or
• a certified instructor who wants to use it to teach the Canadian Firearms Safety Course or the Canadian Restricted Firearm Safety Course.

The specific requirements pertaining to such things as record-keeping, notification and storage requirements can be found in the Special Authority to Possess Regulations (Firearms Act) (SAP).

Use of Replica Firearms in Crimes

When used to commit a crime, replica firearms are included in the broader Criminal Code definition of "imitation firearms". There is a mandatory minimum penalty of one year in prison if an imitation firearm is used to commit, to attempt to commit, or during flight after committing a serious criminal offence, such as kidnapping, robbery or sexual assault. This sentence must be added on to the sentence for the main offence.

Storing and Transporting Replica Firearms

Replica firearms should be stored and transported carefully to keep them out of the hands of someone who might misuse them.

If you borrow a replica firearm under the terms of the SAP Regulations, replica firearms must be stored in a sturdy, securely locked container, vault, safe or room that cannot readily be broken open or into.

There are no specific requirements for your personal replicas, but the law requires you to exercise reasonable caution for the safety of other persons.

If you are transporting your replicas personally, you must lock the replicas in the vehicle’s trunk or in a similar lockable compartment. If the vehicle does not have a trunk or compartment in which the replica can be locked, the replica must be put out of sight inside the vehicle and the vehicle must be locked.

If you ship a replica firearm, you must send it by a carrier that is licensed to transport prohibited devices. Replica firearms being shipped by licensed carrier must be packed in a sturdy, non-transparent container that cannot readily be broken into and that is not likely to break open accidentally

Businesses that are licensed to possess prohibited devices for an approved purpose must store and transport these and other prohibited devices in accordance with the Storage, Display and Transportation of Firearms and Other Weapons by Businesses Regulations.

Information

For more information, contact us by one of the following methods:

telephone: 1 800 731-4000 (Toll Free)

web site: www.cfc-cafc.gc.ca

e-mail: cfc-cafc@cfc-cafc.gc.ca

This fact sheet is intended to provide general information only. For legal references, please refer to the Firearms Act and its regulations and to Part III of the Criminal Code.

Provincial, territorial and municipal laws, regulations and policies may also apply.

Le présent feuillet d’information est également disponible en français.

Revised February 2006