Prohibited Firearms

This fact sheet answers some of the most common questions about how the Firearms Act applies to prohibited firearms.

What firearms are prohibited?

The Criminal Code defines the following firearms as prohibited:

• automatics, including those that have been converted so that they can only fire one projectile when the trigger is squeezed;
• handguns with a barrel length of 105 mm (4.1 inches) or less, and handguns that discharge .25 or .32 calibre ammunition, except for a few specific models used in International Shooting Union competitions;.
• rifles and shotguns that have been altered so that their barrel length is less than 457 mm (about 18 inches) or their overall length is less than 660 mm (about 26 inches); or
• any firearm prescribed as prohibited -- These can be found in the fact sheet listing restricted and prohibited firearms.

Who can have prohibited firearms?

You are allowed to possess certain prohibited firearms if you had one registered in your name when it became prohibited and you continuously hold a valid registration certificate for that type of prohibited firearm from December 1, 1998 onward. The Firearms Act refers to this as being “grandfathered”.

Does my grandfathered status allow me to acquire all types of prohibited firearms?

A Possession and Acquisition Licence (PAL) only allows you to acquire prohibited firearms in the same categories as the ones currently registered to you, and only if the firearms you wish to acquire were registered in Canada on December 1, 1998.

As a general rule, your PAL will indicate what prohibited firearms you are licensed to acquire by showing the section of the Firearms Act that grandfathers you, as follows:

1. 12(2) means full automatics.
2. 12(3) means converted automatics.
3. 12(4) means firearms prohibited by former prohibition order No. 12. You can find out which firearms are in this category on the fact sheet listing restricted and prohibited firearms.
4. 12(5) means firearms prohibited by former prohibition order No 13. These, too, are listed in the fact sheet listing restricted and prohibited firearms.
5. 12(6) means handguns with a barrel length of 105 mm or less or that discharge .25 or .32 calibre ammunition. On licences issued on or after April 10, 2005, these firearms will be referred to as 12(6.1) firearms.

Your eligibility to acquire a particular prohibited firearm will be confirmed during the transfer process.

Grandfathered status allows you to possess and acquire prohibited firearms that are already registered in Canada, but not to bring a prohibited firearm into Canada as a new import.

What do I need to do to maintain my grandfathered privileges?

To stay grandfathered for a particular category of prohibited firearm, you must continuously hold a valid registration certificate for a firearm in that category from December 1, 1998 onward. To be able to hold a registration certificate for a firearm, you need a valid licence allowing you to possess that class of firearm, so make sure you renew your licence before it expires.

All registration certificates issued under the former law (prior to December 1, 1998) expired on December 31, 2002 so it was important to have re-registered it under the Firearms Act before the old certificate expired. If you have not re-registered your prohibited firearms, please call 1 800 731-4000 to find out your options.

Can I acquire a prohibited firearm if I am not grandfathered?

No you cannot:

Exception: If you are not grandfathered, the only prohibited firearms you may possess or acquire are handguns with a barrel length of 105 mm or less or that discharge .25 or .32 calibre ammunition, and only if all of the following criteria are met:

• the handgun was made before 1946, and
• the handgun was registered in Canada on December 1, 1998, and
• you are the child, grandchild, brother, sister or spouse of the lawful owner, and
• you are acquiring it for an approved purpose such as target shooting or as part of a collection.

In these circumstances, you can lawfully possess the handgun in question, but you are not grandfathered or authorized to acquire more prohibited handguns.

Can I sell, give or lend a prohibited firearm to someone else?

You can lend a prohibited firearm to anyone with a valid Possession-Only Licence (POL) or PAL authorizing them to possess that particular category of prohibited firearm. If you lend a firearm, you must lend the registration certificate as well.

You may sell or give a prohibited firearm only to someone with a PAL that is valid for that category of firearm. When a firearm changes owners, it must be registered to the new owner. This can be done by calling 1 800 731-4000 or by submitting form CAFC 681.

What do I need to do to transport a prohibited firearm?

All firearms must be unloaded and transported safely to deter loss, theft and accidents.

Before transporting a prohibited firearm yourself, you need to get an Authorization to Transport (ATT) from the Chief Firearms Officer (CFO) of the province in which the firearm is located. You can apply by calling 1 800 731-4000 or by submitting form CAFC 679 and mailing or faxing it to your CFO.

The firearms must be transported in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

Prohibited handguns may be shipped between two locations in Canada, using the most secure method offered by Canada Post that requires a signature upon delivery. Alternatively, it may be shipped by a carrier company licensed to transport that class of firearm.

Information

For more information, contact the CFP.

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.

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