Grandfathered handguns - pre-December 1, 1998 handguns

(6.1) Subsection (6) applies in respect of a handgun

    (a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and

    (b) in respect of which

      (i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,

      (ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or

      (iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

Next of kin of grandfathered individuals

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

16. Sections 17 and 18 of the Act are replaced by the following:

Places where prohibited and restricted firearms may be possessed

17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer.

17. (1) The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following:

Transporting and using prohibited firearms or restricted firearms

19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(2) Subsection 19(1) of the Act is amended by adding the following after paragraph (a):

    (a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister;

(3) Subsection 19(2) of the Act is replaced by the following:

Exception for automatic firearms

(2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b).

Non-residents

(3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1.

18. Section 23 of the Act is replaced by the following:

Authoriza-
tion to transfer firearms

23. (1) A person may transfer a firearm if, at the time of the transfer,

    (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;

    (b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;

    (c) the person informs the Registrar of the transfer;

    (d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;

    (e) a new registration certificate for the firearm is issued in accordance with this Act; and

    (f) the prescribed conditions are complied with.

Notice

(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.

19. Paragraphs 24(2)(b) and (c) of the Act are replaced by the following:

    (c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and

20. Section 26 of the Act is replaced by the following:

Authoriza-
tion to transfer firearms to the Crown, etc.

26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions.

Authoriza-
tion to transfer prohibited weapons, etc., to the Crown, etc.

(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.

21. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:

Chief firearms officer

27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall

(2) Paragraphs 27(b) and (c) of the Act are replaced by the following:

    (b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

    (c) decide whether to approve the transfer and inform the Registrar of that decision; and

22. The portion of section 28 of the Act before paragraph (a) is replaced by the following:

Permitted purposes

28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied

23. Subsection 29(7) of the French version of the Act is replaced by the following:

Non-commun ication des renseigne-
ments

(7) Le ministre provincial n'est pas tenu de communiquer des renseignements qui, à son avis, pourraient menacer la sécurité d'une personne.

24. Subsection 31(2) of the Act is replaced by the following:

Transfers of firearms to the Crown, etc.

(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm.

25. Section 32 of the Act is amended by adding the word ``and'' at the end of paragraph (a) and by repealing paragraph (b).

26. The portion of section 34 of the Act before paragraph (a) is replaced by the following:

Authoriza-
tion to lend firearms, etc., to the Crown, etc.

34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if

27. (1) Paragraphs 35(1)(a) and (b) of the Act are replaced by the following:

    (a) the non-resident is eighteen years old or older;

    (b) the non-resident declares the firearm to a customs officer in the prescribed manner and

      (i) produces a report in respect of the non-resident that the non-resident has applied for and obtained before the importation from the Registrar after having provided the Registrar with the prescribed information in relation to the non-resident and the firearm proposed to be imported,

      (ii) completes the prescribed form containing the prescribed information, or

      (iii) satisfies the customs officer that the person has previously declared the firearm to a customs officer, that the declaration was confirmed by a customs officer and that the period provided for by subsection 36(1) in respect of that confirmed declaration has not expired;

    (c) in the case of a restricted firearm, the non-resident holds an authorization to transport the restricted firearm; and

    (d) a customs officer confirms the declaration referred to in paragraph (b) and the authorization to transport referred to in paragraph (c) in accordance with the regulations.

(2) Subsections 35(2) and (3) of the Act are replaced by the following:

Non-complian ce

(2) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c). If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.

28. The Act is amended by adding the following after section 35:

Authoriza-
tion for non-residents who hold a licence to import firearms

35.1 (1) A non-resident who holds a licence may import a firearm that is not a prohibited firearm if, at the time of importation,

    (a) the individual declares the firearm to a customs officer in the prescribed manner;

    (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm;

    (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and

    (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met.

Authoriza-
tion for non-residents who hold a licence to import firearms

(2) A non-resident who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation,

    (a) the individual declares the firearm to a customs officer in the prescribed manner and completes the prescribed form containing the prescribed information;

    (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm;

    (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and

    (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met and confirms, in accordance with the regulations, the declaration referred to in paragraph (a).

Non-complian ce

(3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner.

Temporary registration certificate

(4) A declaration that is confirmed in accordance with paragraph (2)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.

29. Subsections 36(1) and (2) of the Act are replaced by the following:

Temporary licence and registration certificate

36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and as a registration certificate for the firearm, for a period of

    (a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or

    (b) in the case of any other declaration, 60 days after the importation.

Non-applica-
tion of subsection (1)

(1.1) A chief firearms officer or the Registrar may declare that subsection (1) ceases to apply in respect of a particular non-resident or a particular firearm if the chief firearms officer or the Registrar, as the case may be, is of the opinion that there is any good and sufficient reason for that subsection not to apply.

Provisions apply

(1.2) If a declaration is made under subsection (1.1), section 72 applies with any modifications that the circumstances require as though the declaration were a revocation.

Extension

(2) A chief firearms officer may extend the period referred to in paragraph (1)(b) for a period of 60 days. Only one extension may be granted under this subsection.

30. Sections 37 and 38 of the Act are replaced by the following:

Authoriza-
tion for non-residents to export firearms

37. (1) A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 if, at the time of the exportation, the non-resident

    (a) holds, in the case of a restricted firearm, an authorization to transport the firearm; and

    (b) has complied with the regulations relating to the exportation of firearms.

Non-complian ce

(2) If, at the time of the exportation, the non-resident has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.

Authoriza-
tion for individuals to export firearms

38. (1) An individual may export a firearm if, at the time of the exportation, the individual

    (a) holds a licence to possess that kind of firearm and a registration certificate for the firearm and, in the case of a prohibited firearm or a restricted firearm, an authorization to transport the firearm; and

    (b) has complied with the regulations relating to the exportation of firearms.

Non-complian ce

(2) If, at the time of the exportation, the individual has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner.

31. Subsections 40(1) to (3) of the Act are replaced by the following:

Authoriza-
tion for individuals who hold a licence to import firearms

40. (1) An individual who holds a licence may import a firearm that was exported in accordance with section 38 if, at the time of importation,

    (a) the individual declares the firearm to a customs officer in the prescribed manner;