Frequently Asked Questions
Changes to the Firearms Program
Amnesty
Q.1. Why is there an amnesty?
A.1. The Government has introduced an amnesty to give eligible owners of non-restricted firearms time to comply with current licensing and registration requirements without fear of criminal liability. Although Parliament is currently considering legislation to remove the requirement to register non-restricted firearms for firearms owners, firearm owners must continue to comply with the current laws.
Q.2. Who is protected by the amnesty, and what protection does it provide?
A.2. The amnesty protects individuals from criminal liability under the Criminal Code for possessing a non-restricted firearm (rifle or shotgun) without a valid licence or registration certificate until May 17, 2007 if:
- they held a licence to possess that class of firearm, but their licence expired after January 1, 2004; or
- they currently hold a licence, or held one that expired after January 1, 2004, but the firearm is not registered.
The amnesty does not provide protection from criminal liability under the Criminal Code for other offences related to non-restricted firearms, including, for example, unsafe storage of a firearm.
Q.3. Can I legally possess a firearm if my licence expires or it is not registered?
A.3. The Amnesty protects licensed or recently-licensed firearms owners from criminal liability for possessing unregistered non-restricted firearms. However, it does not prevent the police from seizing the firearms of gun owners who let their licence expire or who hold unregistered firearms. Although police have been directed to use discretion and to assess the danger to public safety in such matters, you are still required to hold a valid licence and registration certificate to legally possess any firearm.
Q.4. Now that there’s an amnesty, can I lawfully lend a non-restricted firearm to an unlicensed person?
A.4. No. The amnesty only protects eligible individuals from criminal liability for unlawfully possessing a non-restricted firearm. It does not protect people who unlawfully transfer (give, lend or sell) a firearm to an unlicensed person. The amnesty does not permit an unlicensed individual to acquire firearms.
Q.5. Why do I still need a licence to possess non-restricted rifles and shotguns if the Government is planning to abolish the long-gun registry?
A.5. Firearm licensing remains a very important component of the Government’s program to control the criminal and unsafe use of firearms. It is committed to maintaining licence requirements for all firearm owners and users to protect public safety. As part of that process, persons acquiring a licence for the first time must meet safety-training requirements. Also, background checks help prevent criminals and others who are likely to be a danger to others or to themselves from getting a licence.
Q.6. I received a notice from the Registrar that my registration certificates were revoked because my licence had expired. Am I still required to take action to obtain a licence or dispose of my firearms?
A.6. Yes. Until Parliament agrees to change the law, current requirements remain in force. But if your previous licence expired after January 1, 2004, an amnesty protects you from criminal liability for possessing a non-restricted firearm without a valid licence or registration certificate until May 17, 2007. Please apply early to allow time to process your application and issue your documents before the amnesty expires. Otherwise, you should legally dispose of your firearm.
Q.7. I have never held a firearms licence. Would the amnesty protect me if I apply now?
A.7. Although you are not eligible for amnesty protection, the intent is not to penalize people who are trying to comply with the law. However, you do risk criminal charges and penalties if police find you in possession of a firearm without a valid licence or registration certificate. Therefore, we urge you to comply as quickly as possible. We will do everything we can to help you comply.
Q.8. I own restricted and prohibited firearms. Am I protected by the amnesty if my licence expires before I renew it?
A.8. No. You risk criminal charges and penalties if police find you in possession of a firearm without a valid licence or registration certificate. It is also important to note that your eligibility to possess prohibited firearms is conditional upon your continuously holding a valid registration certificate for at least one firearm in that category of prohibited firearms. A registration certificate may be revoked if you cease to hold a valid firearms licence. Therefore, we urge you to comply as quickly as possible. We will do everything we can to help you comply
Q.9. How long does the amnesty last?
A.9. The amnesty ends on May 17, 2007 but individuals protected by the amnesty should apply much sooner to meet the licence and registration requirements They need to have their licence and registration certificates in place before the amnesty expires and it takes time to process an application. The standard processing time is 45 days for a licence application and 28 days for a registration application. It could even take longer, depending on the workload and any public safety concerns that need to be investigated, so apply as early as possible.
Q.10 During the amnesty, do I still need a licence to buy ammunition for my non-restricted rifles and shotguns?
A.10. Yes.
Fee Waiver and Refunds
Q.11. If I apply for a licence now, will I have to pay a fee?
A.11. You will have to pay a fee if this is your first licence under the Firearms Act, or if you had a minor’s licence but are now applying for a possession and acquisition licence (PAL). The fee for a PAL is $60 for non-restricted firearms only, or $80 for any combination of non-restricted and restricted firearms. The fee for a minor’s licence is $10 for up to one year, $20 for up to two years, or $30 for more than two years.
During the term of a fee waiver, you will not have to pay a fee to renew an existing licence, replace an expired licence or change your licence privileges – for example, by upgrading from a POL to a PAL or adding privileges for restricted firearms.
Q.12. I have already paid to renew my licence/upgrade my licence privileges. Will I get a refund?
A.12. You will get a refund if your licence was issued. You will not get a refund if your application was refused. The refund will be mailed to the address indicated in our records. If your address has changed, it is important to let us know. Address changes can be made online or by calling 1-800-731-4000.
Q.13. How long will it take to get a refund?
A.13 We are identifying eligible individuals and processing cheques as quickly as possible. Many of the cheques have already been issued, but it could take until the end of this fiscal year (March 31, 2007) to issue them all. The refund will be mailed to the address indicated in our records. If your address has changed, it is important to let us know. Address changes can be made online or by calling 1-800-731-4000.
Q.14. Do I still have to pay to replace a lost, stolen or damaged licence, and if so, why?
A.14. There is still a fee of $25 to replace a lost or stolen licence. The fee waiver for licence renewals and upgrades was intended to make compliance as easy as possible for firearm owners and users. Once they have their licence, individuals have a responsibility to protect it from loss, theft or damage.
Q.15. Why would I have to pay a fee if my application to renew or upgrade a licence is refused?
A.15. The licence fee is a processing fee. Applications that are refused generally require more investigation, and consequently, incur more costs.
Verification
Q.16. How will telephone verification affect the quality of data in the registration database?
A.16. There will be little or no effect. When firearm owners call a verifier, they will need to provide a detailed description of the firearm. The information provided will be compared to information in the Firearms Reference Table of known firearms. If there are any problems in confirming the existence, identity or classification of the firearm, a physical examination may be required.
Restricted and prohibited firearms still have to be physically verified by a verifier approved by the Registrar.
Q.17. Can police, firearms businesses or shooting clubs still verify firearms for individuals?
A.17. Yes, if they have an approved verifier on staff, they choose to provide this service, and they examine the firearms physically.
Transferring Responsibility for the Firearms Act to the RCMP
Q.18. Why was responsibility for the Firearms Act and regulations transferred to the RCMP?
A.18. The transfer of responsibility for the Firearms Act and regulations, including the firearms registry to the RCMP, will provide a cost-effective firearms program that will meet the Government’s commitment to accountability. The transfer will also make it easier for Canadian police authorities to co-ordinate gun control activities with other crime control measures.
Q.19. Will the transfer of responsibility to the RCMP increase the risk of prosecution for people who let their licence expire?
A.19. The transfer to the RCMP will not impact on the current consequences of allowing a firearms license to expire. The amnesty protects individuals from criminal liability under the Criminal Code for unauthorized possession of a non-restricted rifle or shotgun if:
- they were licensed to possess that class of firearm in the past but their licence has expired; or
- they currently hold, or have held, a firearms licence but have not registered the firearm.
Q.20. If registration of non-restricted firearms is eliminated, how will police know if there are any firearms at a particular location?
A.20. Although the Government intends to eliminate registration of non-restricted firearms, all firearm owners will still need a firearms licence. Police will know that there are probably firearms at a particular location if someone at that location has a firearms licence.
Next steps
Q.21. What are the next steps that the Government is looking at?
A.21. In June, 2006, the Government tabled legislation (Bill C-21) to eliminate registration of non-restricted firearms. The Bill must pass in Parliament and supporting regulations will need to be made before the change can take effect.
The Government also plans to consult with provinces, territories and stakeholders to examine further options that could enhance the effectiveness of gun control in Canada.
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