Inherited Firearms

If you inherit firearms, or if you are the executor of an estate with firearms, here is some information you need to know about the Firearms Act.

If you are the heir

Licence Requirements

To be able to acquire a firearm by any means, including as an inheritance, you must be at least 18 years old and hold a valid Possession and Acquisition Licence (PAL). While a Possession-Only Licence allows you to keep firearms you have lawfully owned since December 1, 1998, it does not allow you to acquire more firearms, so if you have a POL, you will need to replace it with a PAL.

A PAL is only valid for the class or classes of firearms listed on it. The three classes of firearms are:

• non-restricted: most common rifles and shotguns;
• restricted: only allowed for approved purposes such as target shooting or as part of a collection; and
• prohibited: see below for information on grandfathering requirements.

To apply for a PAL or to upgrade your privileges for different classes of firearms, submit form CAFC 921. To be eligible for this licence, you must have met specific safety-training requirements.

Grandfathering Requirements for Prohibited Firearms

As a general rule, to be able to acquire a prohibited firearm, you need “grandfathering privileges” for that particular category of prohibited firearm. In other words, you must have continuously held a valid registration certificate for a firearm in that category since December 1, 1998. A registration certificate is valid only if you already have a valid licence authorizing you to possess that category of firearm.

Exception: You do not need grandfathering privileges to inherit a registered prohibited handgun that discharges .25 or .32 calibre ammunition or that has a barrel length of 105 mm or less if:

• the handgun was manufactured before 1946, and
• you are the spouse, brother, sister, child or grandchild of the registered owner; and
• the handgun is used for a permitted purpose such as target shooting or as part of a collection.

Registering the Firearms

The firearm will need to be registered to you as part of the transfer process that must take place when a firearm changes ownership. More information can be found in the section for executors.

You will receive a new registration certificate in the mail for each firearm transferred to you.

Fees

The initial fee for a PAL is $60 for non-restricted firearms only, or $80 for any combination of non-restricted, restricted and prohibited firearms, except in the following cases:

• If you are renewing a PAL or changing your licence privileges, the fee is waived until May 17, 2008.
• You may not be required to pay a fee for a PAL if it would only be valid for non-restricted firearms and you need a firearm to hunt or trap in order to sustain yourself or your family.

There are no fees to register or transfer a firearm or to obtain an Authorization to Transport.

If You are the Executor

While the Firearms Act sets out how firearms may be transferred and who may have them, provincial estate laws determine the role of the executor.

Estate laws may vary from province to province. However, as a common principle of law, an executor of an estate generally has the same rights as the deceased had to possess firearms while the estate is being settled. Therefore, even if you are not personally licensed to possess firearms, you can generally possess a firearm left in an estate for a reasonable amount of time while the estate is being settled.

If a court has prohibited you from possessing firearms, you cannot take possession of firearms left in an estate, but you can still act as the executor in transferring the firearms to someone who can lawfully acquire them.

If the owner did not have a valid licence and registration certificate for the firearm, he or she was in illegal possession of the firearm, which puts you at risk of penalties for possessing the firearm unless you act quickly to comply with the law – for example, by transferring it to a properly licensed individual in some cases, or by turning it in to a police or firearms officer for disposal.

If you are not sure if the deceased had a licence or registration certificate, call 1 800 731-4000.

To be able to obtain information on a firearm that is registered to someone else, or to transfer the firearm to someone else, you need to be able to provide evidence that you are in a lawful position to do so.

To confirm that the registered owner is deceased, you will need to provide a copy of:

• the death certificate; or
• letters of probate; or
• a document from a police.

To provide proof that you are the executor, you need to provide one of the following:

• Court documents appointing you as executor or administrator (These letters may be called, for example, letters testamentary or letters probate); or
• A letter from a lawyer on the lawyer’s letterhead or an affidavit sworn by the lawyer, advising that you are the executor of the estate or
• A letter from a lawyer on the lawyer’s letterhead or a sworn affidavit from the estate lawyer stating that you have the authority under the estate laws of the province to administer the estate (where the deceased has died without a will) or
• Page or pages of the will that names the deceased and the executor and the page that contains the signatures and date for the client and witnesses; or
• A copy of the complete will that has been signed, dated and witnessed.
• Handwritten wills are acceptable provided they are signed, dated and witnessed.

Transferring Ownership of a Firearm

When you transfer the firearm to the new owner, there is a specific process you must go through to ensure that the new owner is eligible to have the firearm, the Registrar is notified of the transfer and the firearm is registered to the new owner.

To initiate the transfer of a registered firearm, call 1 800 731-4000 and either complete the entire transfer process over the phone or request a paper application (form CAFC 681 for restricted and prohibited firearms or form CAFC 682 for non-restricted firearms). Both you and the new owner will need to be involved in the transfer process.

Firearm Verification

A firearm must be verified by an approved verifier before it is transferred to a new owner unless:

• the firearm has already been verified; and
• the description of the firearm has not changed; and
• the Registrar is satisfied that the firearm does not need to be re-verified.

Restricted and prohibited firearms that have previously been registered in Canada are already deemed to be verified. They do not need to be verified again unless the Registrar requests another verification to confirm their description or classification. Some non-restricted firearms might not be verified yet. Call 1 800 731-4000 for help to verify a firearm.

Ineligible Heirs or Unwanted Firearms

If there is no eligible heir, or if the heir does not want an inherited firearm, the estate may:

• sell or give the firearm to any individual, museum or business with a licence to acquire that particular type of firearms through the official transfer process; or
• export it to a country that allows it: call the Department of Foreign Affairs and International Trade at 1 800 267-8376 for information on requirements for an export permit; or
• have the firearm permanently deactivated so that it no longer meets the definition of a firearm, and therefore, is exempted from the requirements of the Firearms Act; or
• turn the firearm in to a police officer or firearms officer for disposal: Call first.

Other Requirements

If the deceased owner had a valid firearms licence, please return it, along with a copy of their death certificate, to the following address:

Central Processing Site
PO Box 1200
Miramichi, New Brunswick E1N 5Z3

Transporting and Storing Firearms

All firearms must be unloaded and transported or stored in a safe and secure manner to deter loss, theft and accidents, as set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

If you ship the firearms, you have two options:

• you may ship non-restricted firearms, restricted firearms and prohibited handguns to another location within Canada, using the most secure method offered by Canada Post that requires a signature upon delivery; or
• you may ship any class of firearm by licensed carrier to a location inside or outside Canada. This is the only option for shipping prohibited firearms other than prohibited handguns.

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.

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