Amnesty

Frequently Asked Questions

• Who is protected by the amnesty order, and what protection does it provide?
• Where does it say in the amnesty order that it only applies to individuals who are taking steps to comply with the law?
• I own restricted and prohibited firearms. Am I protected by the amnesty if my licence expires before I renew it, or if my firearms are not registered?
• When does the amnesty period end?
• My registration certificates were revoked because my firearms licence expired. What do I need to do to comply with the law?
• I have a valid firearms licence, but I have not registered my non-restricted firearms. How do I register them?
• Why do I still need a licence to possess non-restricted rifles and shotguns, and why do I have to register these firearms if the Government is planning to abolish the long-gun registry?
• 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?
• I have never held a firearms licence but I possess non-restricted firearms. Would the amnesty protect me if I apply now?
• Now that there's an amnesty, can I lawfully lend a non-restricted firearm to an unlicensed person?
• During the amnesty period, do I still need a licence to buy ammunition for my non-restricted rifles and shotguns?
• During the amnesty period, can I legally possess a non-restricted firearm if my licence expires or the firearm is not registered?
• How does the amnesty apply to individuals whose licence and registration certificates were revoked for public safety reasons?

Q. Who is protected by the amnesty order, and what protection does it provide?

The amnesty order may protect an individual from criminal liability for unauthorized possession of an unregistered, non-restricted firearm in the following circumstances:

• the individual holds a valid firearms licence; or
• the individual held a licence that expired on or after January 1, 2004.

To benefit from this protection, individuals need to be taking the necessary steps to comply with the law during the amnesty period. If they do nothing to comply, they cannot claim protection from criminal liability and their firearms may be seized.

The amnesty order 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 or lending a firearm to someone who is not licensed to possess it. It also does not protect individuals who possess restricted or prohibited firearms without a valid licence and registration certificate.

Q. Where does it say in the amnesty order that it only applies to individuals who are taking steps to comply with the law?

Limits to the scope of certain firearm-related amnesties are set out in s117.14 (2) and (3) of the Criminal Code.

Q. I own restricted and prohibited firearms. Am I protected by the amnesty if my licence expires before I renew it, or if my firearms are not registered?

No. The amnesty order only applies to owners of unregistered non-restricted firearms who hold a valid licence or a licence that expired on or after January 1, 2004.

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. When does the amnesty period end?

The amnesty period ends on May 16, 2010 but individuals protected by the amnesty should immediately take steps set out in the amnesty order to comply. Individuals who choose to do nothing to comply cannot claim protection from the amnesty and their firearms may be seized.

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.

If your Possession-Only Licence expired and you need to meet safety-training requirements to obtain a Possession and Acquisition Licence, this will add to the time it will take you to comply with the law.

Q. My registration certificates were revoked because my firearms licence expired. What do I need to do to comply with the law?

If you want to keep the firearms, you need to take immediate steps to obtain a new licence. The only licence currently available to you is the Possession and Acquisition Licence (PAL). A Possession-Only Licence (POL) can be renewed only if the renewal application is submitted before the POL expires.

To be able to get a PAL, you must first meet safety training requirements if you have not yet done so. To apply for a PAL, submit form CAFC 921.

Once your licence has been issued, your registration certificates will be re-instated.

Your other alternatives for complying with the law are to have the firearms permanently deactivated by a licensed gunsmith or to dispose of them in one of the ways set out in the amnesty order.

Q. I have a valid firearms licence, but I have not registered my non-restricted firearms. How do I register them?

If you have a valid licence, you may register your firearms online or you may submit a paper application (form CAFC 998).

Q. Why do I still need a licence to possess non-restricted rifles and shotguns, and why do I have to register these firearms if the Government is planning to abolish the long-gun registry?

Licensing and registration serve two very different purposes. Licensing provides a way of identifying who is authorized to possess firearms. The Government has indicated that licensing remains a very important component of its program to control the criminal and unsafe use of firearms. Persons obtaining 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.

Registration identifies a firearm and its owner. In November 2007, the Government tabled Bill C24 which proposes to repeal the requirement to register non-restricted firearms. However, the legislation must be passed by Parliament before the law can be changed. This has not yet occurred. In the meantime, Canadians must comply with the legal requirement to register these firearms.

Q. 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?

Yes. If your licence expired on or after January 1, 2004, the current amnesty order may protect you from criminal liability for possessing a non-restricted firearm without a valid licence and registration certificate during the amnesty period. However, to benefit from the amnesty, you must take the necessary steps to comply with the law before the amnesty period ends. It takes time to process licence and registration applications, so apply early.

Q. I have never held a firearms licence but I possess non-restricted firearms. Would the amnesty protect me if I apply now?

Although the amnesty order does not protect you, 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. Now that there’s an amnesty, can I lawfully lend a non-restricted firearm to an unlicensed person?

No. The amnesty order only protects eligible individuals from criminal liability for unauthorized possession of a non-restricted firearm. It does not protect people who unlawfully transfer (give, lend or sell) a firearm to an unlicensed person. The amnesty order does not permit an unlicensed individual to acquire firearms.

Q. During the amnesty period, do I still need a licence to buy ammunition for my non-restricted rifles and shotguns?

Yes.

Q. During the amnesty period, can I legally possess a non-restricted firearm if my licence expires or the firearm is not registered?

If you possess any class of firearm, including a non-restricted firearm, federal law requires you to hold a valid firearms licence and the firearm must be registered. During the amnesty period, you may be protected from criminal liability for unauthorized possession of a non-restricted firearm if your licence expired on or after January 1, 2004 or you hold a valid licence but the firearm is not registered. However, to benefit from that protection, you need to be taking the necessary steps to comply with the law by any of the means set out in the amnesty order.

If you are not doing anything to comply with the law, or if you pose a public safety risk -- for example, by storing the firearm in an unsafe manner – police may seize the firearm.

Q. How does the amnesty apply to individuals whose licence and registration certificates were revoked for public safety reasons?

These individuals are not protected by the amnesty order and must take steps to dispose of their firearms as instructed in the notice of revocation or court order.