Can-Dog1
Rob
This is a long thread, however I thought some of the pound members who live close to the Canadian Border might be interested in reading it...
RESTRICTED FIREARMS
Restricted firearms are:
handguns which are not prohibited, including the competition handguns listed here
semi-automatic centerfire firearms with a barrel length less than 470mm (18.5 inches) which are not prohibited
firearms, which can be fired when reduced to a length of less than 660mm (26 inches) by folding/telescoping/etc., which are not prohibited
any of a list of firearms specifically listed as restricted. The most notable entries are the AR-15 and variants, which stand out as being military-appearance firearms which are not prohibited, and a list of competition handguns which are exempted from being prohibited in spite of their characteristics.
PROHIBITED FIREARMS, DEVICES, AND WEAPONS
Prohibited firearms, devices, and weapons are:
full-automatic firearms
sawed-off rifles or shotguns with barrel length less than 457mm (18 inches); this does not apply to firearms manufactured with short barrels
sawed-off rifles or shotguns with overall length less than 660mm (26 inches); this does not apply to firearms manufactured with short stocks or short barrels
handguns with a barrel less than 105mm (4.14 inches), except certain specifically listed competition handguns which are restricted
handguns in caliber .25 or .32, except certain specifically listed competition handguns which are restricted
silencers
large capacity magazines for a semi-automatic center-fire firearm. What constitutes "large capacity" varies; as a general rule, the maximum capacity is 5 rounds for long guns, 10 rounds for handguns "commonly found in Canada", and 5 rounds for handguns "not commonly found in Canada." Magazines for rimfire cartridges, the 8-round clips used in the M1 Garand, and 10 round Lee Enfield rifle magazines are exempted by name from this prohibition.
any of a long list of firearms specifically listed as prohibited. With few exceptions, if it has a remotely military appearance, it is prohibited.
replicas of firearms
any type of Taser or other firearm that discharges a dart or other object carrying an electrical current.
tear gas, Mace or other gas, or any liquid spray, power or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person
any type of stun gun or other electrical charge device of length less than 480mm
a large additional class of prohibited weapons, such as nunchakus, switchblades, brass knuckles, etc. which are not discussed here. Read the list here if you care.
That's right, you're not allowed to use non-lethal means of self-defense in Canada. This would seem to ban pepper spray for use against bears, but apparently there are some forms of bear spray which are legal for use in Canada.
TRANSPORT REGULATIONS
The transport regulations apply when firearms are in a vehicle, no matter how long the firearms have been in the vehicle or how long it has been since the vehicle was last moved.
All firearms must be unloaded while in transport. Muzzle-loading firearms may be transported loaded between hunting sites if the firing cap or flint is removed.
Non-restricted firearms must be safely locked in the trunk or similar compartment; if there is no trunk or compartment, they must be out of sight if the vehicle is unattended. Although it is technically legal for a firearm in an attended vehicle to be in plain sight, police often do not know that; so it is safer to keep it out of sight.
Restricted and prohibited firearms must also be rendered unable to be fired by using a secure locking device AND locked in a heavy-duty, non-see-through container that can not be easily broken open or into. In addition, there must be a valid Authorization to Transport. Finally, fully-automatic firearms must have their bolt or bolt carrier removed if possible.
LICENSING
SPECIAL LICENSES FOR VISITORS
There are two special licenses for non-residents: the Temporary Borrowing License and the Non-Resident Firearms Declaration.
These licenses are only for non-residents who do not have a PAL. It is much less hassle to get one of these licenses if you only go to Canada every few years. More frequent visitors will probably want to get a PAL.
The Temporary Borrowing License (download form CAFC 715 here) allows a visitor 18-years of age or older to borrow non-restricted firearms for up to 60 days while in Canada for specified purposes. There is a fee charged for this license (currently C$35). Application must be made in advance and include a signed statement by a licensed Canadian outfitter.
The Non-Resident Firearms Declaration (download form CAFC 909 here) allows a non-resident who shows up at the US/Canada border with non-restricted or restricted firearms. There is a fee (currently C$25 as of mid-2005) charged for this license, but it is waived if you have paid the fee for a previous visit within the past year. This license serves as both license and registration while in Canada, and is valid for 60 days. An Authorization to Transport is also needed for restricted firearms.
PAL holders with registration certificates do not need either of these temporary licenses; they do not need to fill in the paperwork for either of these licenses at the border nor do they need to pay the fees associated with these licenses.
Canadian Customs is sometimes confused when an American PAL holder shows up at the border with firearms. Be nice; remember that many of the first-line Canadian Customs agents are college kids doing it as a summer job. They've been programmed to make Americans with firearms fill out the form for a temporary license and pay the fee; American PAL holders are not within their programming. They'll quickly call over a full-timer who'll take over.
CROSSING THE BORDER
ENTERING CANADA WITH FIREARMS
This point is so important that it bears stressing first:
DO NOT EVEN THINK OF ATTEMPTING TO CROSS THE BORDER INTO CANADA WITH A PROHIBITED FIREARM.
There is no way that you can legally enter Canada with a prohibited firearm. This likely includes your concealed carry pistol. Canadian Customs will be looking for it. Leave it at home.
You can't enter Canada with a restricted firearm unless you have an Authorization to Transport. If you have a handgun that is not prohibited, then it is restricted; if you don't have an Authorization to Transport (which you need to obtain well in advance) you can't bring it in. Leave it at home.
Even if you have an Authorization to Transport for a restricted firearm, you can't carry it unless you also have an Authorization to Carry which is almost impossible to get. In general, forget about carrying a sidearm while in Canada.
Make certain that you are in complete compliance with the transport regulations.
Canadian Customs may try to bait you, e.g. by asking you to agree that this all is a good thing. Don't rise to it. Canada is not our country; we have nothing to say about their laws. Remember that you're being subject to the "attitude test."
You definitely will be pulled aside for inspection when you show up at the border with handguns, and probably will be pulled aside even if you only have long guns.
You'll probably also be subject to a vehicle search. It won't be a big deal unless you fail the attitude test or try to pull a fast one. They've never gone as far as taking my vehicle apart, but I once cooled my heels for the better part of an hour and on two other occasions was held up for over a half hour. I wasn't worried, as I had made a complete declaration and I knew that their search would show so. The way I look at it: I expect to be delayed and my stuff thoroughly rummaged, and I am pleasantly surprised when it doesn't happen.
Actually, it can be fun if you're a PAL holder. Canadian Customs is disappointed that they don't get to collect the fee from you. US Customs is disappointed that they don't get ahold of a Non-Resident Firearms Declaration. Either way, they are surprised. It's particularly entertaining when the Canadian Customs agent is one of the summer kids. Fortunately, they'll quickly call over a full-timer who knows what to do.
If you don't have a PAL and registration certificate, you'll have to fill out the Non-Resident Firearms Declaration form and pay the fee. If you have restricted firearms, they'll check your ATT, and will also inspect your handguns to make sure that you have them in a locked box with a trigger lock.
Assuming that all your paperwork is in order (especially the ATT if you have handguns), you are in compliance with the transport regulations, and you don't rise to being baited, you'll be passed through the border without excessive difficulty. You probably will be delayed, especially if you have handguns. I've never been delayed more than an hour. Plan for it. Patience and a sense of humor helps.
It is not necessary to comply with the more complex storage regulations if you are in compliance with the transport regulations and the firearms stays in the vehicle at all times. On the other hand, Canadian Customs seems to be happier if you go the extra mile (extra kilometer?) and comply with the storage regulations too even if you're just transporting; in other words, consider putting a trigger lock on the long guns too.
Remember what I said about the attitude test. Sometimes, Customs agents get a bit sour after having one dingbat after another try to pull something on them. Set an example as a fine, upstanding, law-abiding gunowner who strictly follows all laws and regulations. You just might make things easier for the next guy.
Existing Canada Criminal Code
Gun Related Penalties
These are simplified laws and penalties
(see Canada Criminal Code for exact description and possible penalty)
• Canada Firearms Act
Using firearm to commit an offense
1 to 14 years
Careless use of firearm, transporting same for unlawful use
Up to 2 years
Unlawful pointing of a firearm
5 years Possession of weapon for dangerous purpose
10 years Carrying concealed weapon
5 years Unauthorized Possession of restricted weapon
5 years Knowingly Having Unauthorized Possession of Firearm
10 years Unauthorized Possession in Motor Vehicle
RESTRICTED FIREARMS
Restricted firearms are:
handguns which are not prohibited, including the competition handguns listed here
semi-automatic centerfire firearms with a barrel length less than 470mm (18.5 inches) which are not prohibited
firearms, which can be fired when reduced to a length of less than 660mm (26 inches) by folding/telescoping/etc., which are not prohibited
any of a list of firearms specifically listed as restricted. The most notable entries are the AR-15 and variants, which stand out as being military-appearance firearms which are not prohibited, and a list of competition handguns which are exempted from being prohibited in spite of their characteristics.
PROHIBITED FIREARMS, DEVICES, AND WEAPONS
Prohibited firearms, devices, and weapons are:
full-automatic firearms
sawed-off rifles or shotguns with barrel length less than 457mm (18 inches); this does not apply to firearms manufactured with short barrels
sawed-off rifles or shotguns with overall length less than 660mm (26 inches); this does not apply to firearms manufactured with short stocks or short barrels
handguns with a barrel less than 105mm (4.14 inches), except certain specifically listed competition handguns which are restricted
handguns in caliber .25 or .32, except certain specifically listed competition handguns which are restricted
silencers
large capacity magazines for a semi-automatic center-fire firearm. What constitutes "large capacity" varies; as a general rule, the maximum capacity is 5 rounds for long guns, 10 rounds for handguns "commonly found in Canada", and 5 rounds for handguns "not commonly found in Canada." Magazines for rimfire cartridges, the 8-round clips used in the M1 Garand, and 10 round Lee Enfield rifle magazines are exempted by name from this prohibition.
any of a long list of firearms specifically listed as prohibited. With few exceptions, if it has a remotely military appearance, it is prohibited.
replicas of firearms
any type of Taser or other firearm that discharges a dart or other object carrying an electrical current.
tear gas, Mace or other gas, or any liquid spray, power or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person
any type of stun gun or other electrical charge device of length less than 480mm
a large additional class of prohibited weapons, such as nunchakus, switchblades, brass knuckles, etc. which are not discussed here. Read the list here if you care.
That's right, you're not allowed to use non-lethal means of self-defense in Canada. This would seem to ban pepper spray for use against bears, but apparently there are some forms of bear spray which are legal for use in Canada.
TRANSPORT REGULATIONS
The transport regulations apply when firearms are in a vehicle, no matter how long the firearms have been in the vehicle or how long it has been since the vehicle was last moved.
All firearms must be unloaded while in transport. Muzzle-loading firearms may be transported loaded between hunting sites if the firing cap or flint is removed.
Non-restricted firearms must be safely locked in the trunk or similar compartment; if there is no trunk or compartment, they must be out of sight if the vehicle is unattended. Although it is technically legal for a firearm in an attended vehicle to be in plain sight, police often do not know that; so it is safer to keep it out of sight.
Restricted and prohibited firearms must also be rendered unable to be fired by using a secure locking device AND locked in a heavy-duty, non-see-through container that can not be easily broken open or into. In addition, there must be a valid Authorization to Transport. Finally, fully-automatic firearms must have their bolt or bolt carrier removed if possible.
LICENSING
SPECIAL LICENSES FOR VISITORS
There are two special licenses for non-residents: the Temporary Borrowing License and the Non-Resident Firearms Declaration.
These licenses are only for non-residents who do not have a PAL. It is much less hassle to get one of these licenses if you only go to Canada every few years. More frequent visitors will probably want to get a PAL.
The Temporary Borrowing License (download form CAFC 715 here) allows a visitor 18-years of age or older to borrow non-restricted firearms for up to 60 days while in Canada for specified purposes. There is a fee charged for this license (currently C$35). Application must be made in advance and include a signed statement by a licensed Canadian outfitter.
The Non-Resident Firearms Declaration (download form CAFC 909 here) allows a non-resident who shows up at the US/Canada border with non-restricted or restricted firearms. There is a fee (currently C$25 as of mid-2005) charged for this license, but it is waived if you have paid the fee for a previous visit within the past year. This license serves as both license and registration while in Canada, and is valid for 60 days. An Authorization to Transport is also needed for restricted firearms.
PAL holders with registration certificates do not need either of these temporary licenses; they do not need to fill in the paperwork for either of these licenses at the border nor do they need to pay the fees associated with these licenses.
Canadian Customs is sometimes confused when an American PAL holder shows up at the border with firearms. Be nice; remember that many of the first-line Canadian Customs agents are college kids doing it as a summer job. They've been programmed to make Americans with firearms fill out the form for a temporary license and pay the fee; American PAL holders are not within their programming. They'll quickly call over a full-timer who'll take over.
CROSSING THE BORDER
ENTERING CANADA WITH FIREARMS
This point is so important that it bears stressing first:
DO NOT EVEN THINK OF ATTEMPTING TO CROSS THE BORDER INTO CANADA WITH A PROHIBITED FIREARM.
There is no way that you can legally enter Canada with a prohibited firearm. This likely includes your concealed carry pistol. Canadian Customs will be looking for it. Leave it at home.
You can't enter Canada with a restricted firearm unless you have an Authorization to Transport. If you have a handgun that is not prohibited, then it is restricted; if you don't have an Authorization to Transport (which you need to obtain well in advance) you can't bring it in. Leave it at home.
Even if you have an Authorization to Transport for a restricted firearm, you can't carry it unless you also have an Authorization to Carry which is almost impossible to get. In general, forget about carrying a sidearm while in Canada.
Make certain that you are in complete compliance with the transport regulations.
Canadian Customs may try to bait you, e.g. by asking you to agree that this all is a good thing. Don't rise to it. Canada is not our country; we have nothing to say about their laws. Remember that you're being subject to the "attitude test."
You definitely will be pulled aside for inspection when you show up at the border with handguns, and probably will be pulled aside even if you only have long guns.
You'll probably also be subject to a vehicle search. It won't be a big deal unless you fail the attitude test or try to pull a fast one. They've never gone as far as taking my vehicle apart, but I once cooled my heels for the better part of an hour and on two other occasions was held up for over a half hour. I wasn't worried, as I had made a complete declaration and I knew that their search would show so. The way I look at it: I expect to be delayed and my stuff thoroughly rummaged, and I am pleasantly surprised when it doesn't happen.
Actually, it can be fun if you're a PAL holder. Canadian Customs is disappointed that they don't get to collect the fee from you. US Customs is disappointed that they don't get ahold of a Non-Resident Firearms Declaration. Either way, they are surprised. It's particularly entertaining when the Canadian Customs agent is one of the summer kids. Fortunately, they'll quickly call over a full-timer who knows what to do.
If you don't have a PAL and registration certificate, you'll have to fill out the Non-Resident Firearms Declaration form and pay the fee. If you have restricted firearms, they'll check your ATT, and will also inspect your handguns to make sure that you have them in a locked box with a trigger lock.
Assuming that all your paperwork is in order (especially the ATT if you have handguns), you are in compliance with the transport regulations, and you don't rise to being baited, you'll be passed through the border without excessive difficulty. You probably will be delayed, especially if you have handguns. I've never been delayed more than an hour. Plan for it. Patience and a sense of humor helps.
It is not necessary to comply with the more complex storage regulations if you are in compliance with the transport regulations and the firearms stays in the vehicle at all times. On the other hand, Canadian Customs seems to be happier if you go the extra mile (extra kilometer?) and comply with the storage regulations too even if you're just transporting; in other words, consider putting a trigger lock on the long guns too.
Remember what I said about the attitude test. Sometimes, Customs agents get a bit sour after having one dingbat after another try to pull something on them. Set an example as a fine, upstanding, law-abiding gunowner who strictly follows all laws and regulations. You just might make things easier for the next guy.
Existing Canada Criminal Code
Gun Related Penalties
These are simplified laws and penalties
(see Canada Criminal Code for exact description and possible penalty)
• Canada Firearms Act
Using firearm to commit an offense
1 to 14 years
Careless use of firearm, transporting same for unlawful use
Up to 2 years
Unlawful pointing of a firearm
5 years Possession of weapon for dangerous purpose
10 years Carrying concealed weapon
5 years Unauthorized Possession of restricted weapon
5 years Knowingly Having Unauthorized Possession of Firearm
10 years Unauthorized Possession in Motor Vehicle
