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Gun Control history in Canada

The politics of firearms in Canada is largely polarized between two groups with diametrically opposed views. On one hand, there are those who advocate for a more "American-style" right-to-ownership, and object to the registration of their personal firearms and those of others. On the other hand, there are those who believe in "European-styled" rights, in which virtually all firearms are banned from personal ownership. Within the former group, there are many who believe that personal ownership of firearms is one of the best deterrents to robbery, assault, vandalism and crime in general; many see this debate as a "rural vs. urban" issue. The Canadian Firearms Program is often portrayed as a failure by the media due to severe cost overruns, as do similar programs in other commonwealth countries; despite research which demonstrates registration policies have resulted in increased crime rates in Canada, Australia and U.K.

Regardless of individual opinions, Canadian law mandates firearm ownership as being primarily for sporting or recreational purposes (target shooting). In addition to specific business uses, the Firearms Act of 1995 provides only limited recognition of self-defence as a reason to acquire and/or possess a firearm in Canada. In extremely rare cases, a firearms licence can be issued for protection of life, with specific conditions of carry attached to the licence. Alternatively, a separate authorization to carry for protection of life may be issued to a licence holder; either of these situations would allow a firearm to be legally carried for protection. The Criminal Code allows reasonable use of force in self-defence; thus, while guns can rarely be acquired for self-defence, they can be used for as such in certain circumstances.

History of firearm laws in Canada

Controls on civilian use of firearms date from the early days of Confederation, when Justices of the Peace could impose penalties for carrying a handgun without reasonable cause. Criminal Code of Canada amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid 1990s, significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun. As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.

The following is a summary of the history of gun control laws in Canada:

• The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
• In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
• Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial attorneys general.
• In 1947, the offence of “constructive murder” was added to the Criminal Code for offences resulting in death, when the offender carried a firearm. This offence was struck down as unconstitutional by the Supreme Court of Canada in a 1987 case called R. v. Vaillancourt.
• Automatic weapons were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
• In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” weapons. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that weapons that belonged to an individual endangered the safety of society.
• In 1977, Bill C-51 required firearms acquisition certificates (FACs) for the acquisition (but not possession) of all firearms and introduced controls on the selling of ammunition. FAC applicants were required to pass a basic criminal record check before being issued an FAC.
• In 1991, Bill C-17 tightened up restrictions and established controls on any firearms that had a military or paramilitary appearance. Legislation also made changes to the FAC system. FAC applicants were now required to pass a firearms safety course, pass a more thorough background check, and wait a minimum of 28 days after applying for an FAC before being issued one.

Finally in addition to the above changes, laws were put into place that restricted ownership of high-capacity magazines, limiting handguns to ten rounds and all semi-automatic centrefire rifles to 5. There were exceptions to the magazine capacity limit of some historically significant firearms such as the Lee-Enfield and M1 Garand. The restrictions did not cover rimfire rifles. The provinces have the choice to opt-out of administering the Firearms Act, but not magazine restrictions.

• In 1995, Bill C-68 introduced new, stricter, gun control legislation. The current legislation prohibits most .32 and all .25 calibre handguns as well as handguns with barrels under 106 millimetres (4.2 in) and provides harsher penalties for crimes involving firearm use, licences to possess and acquire firearms, and registration of all firearms, including shotguns and rifles. This legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with possession-only licences (POLs) (no new POLs after January 1, 2001) and possession and acquisition licences (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was not public safety policy, but rather an election ploy by the Liberal Party of Canada intended to help defeat Prime Minister Kim Campbell.
• In 2001, the registration portion of Bill C-68 was implemented. The government asks for all firearms, including long-guns (rifles and shotguns), to be registered.
• In 2003, the registration of long-guns becomes mandatory. Failure to register a firearm now results in criminal charges.
• As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2011) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.
• In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would abolish the requirement to register non-restricted long guns. While the proposed legislation is a private member's bill, it has the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. This negative recommendation does not necessarily stop progress on the bill, and a free vote on whether it should pass the House may still occur in fall 2010.^{[dated info]}
• As of September 2010 Bill C-391 failed to pass a third reading.

Licensing of firearms owners

All licensing of firearms in Canada is managed by the RCMP's Canadian Firearms Program (CFP), under the Deputy Commissioner Policing Support Services (PSS). In the Canadian system, there are three classes of firearms and firearm licences: non-restricted, restricted and prohibited. Prohibited firearms are not actually prohibited, as the name might imply, but they do require a prohibited licence. As of December 1, 1998, the licence must be grandfathered to acquire or possess prohibited firearms. New prohibited licences are available only at the discretion of the Chief Firearms Officer of a province or the RCMP. See Classification of firearms below for complete details on prohibited, restricted and non-restricted firearms.

Individuals who wish to possess or acquire firearms, and acquire ammunition in Canada, must have a valid possession and acquisition licence. This licence is distributed exclusively by the RCMP and is generally obtained in the following three steps:

1. Safety training: To be eligible to receive a PAL, all applicants must successfully complete the Canadian Firearms Safety Course (CFSC) for a non-restricted licence, and the Canadian Restricted Firearms Safety Course (CRFSC) for a restricted licence. In most cases, the non-restricted class is a prerequisite to obtain the restricted licence. The RCMP publish information on the locations and availability of these courses.
2. Applying for a licence: Currently there is only one type of licence available to new applicants, the possession and acquisition licence (PAL). Canadian citizens, as well as non-residents, can request a PAL by filling out form CAFC921
3. Security screening: Background checks and investigations are performed. All applicants are screened, and a mandatory 28-day waiting period is imposed on first-time applicants.

Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed, an individual can apply for a firearm transfer; and an authorization to transport (ATT) for restricted firearms.

(Note: Individuals who wish to hunt with firearms in Canada can only do so with non-restricted firearms. This requires an additional "Hunting with Firearms" course & permit)

Businesses, museums and organizations must have a valid firearms business licence to possess, manufacture or sell firearms, restricted or prohibited weapons, prohibited devices, or prohibited ammunition. A licence is not required to possess regular ammunition, but is required to manufacture or sell ammunition. A separate licence is required for each location where the business operates and each business licence is valid only for the activities specified on the licence.

Registering firearms In order to be legally owned, a firearm must be registered in the Canadian Firearms Registry, which stores all data regarding firearms in Canada. To register a firearm into the system, a firearm must first be verified; its identification and classification being confirmed by an authorized verifier working with the RCMP. One must the fill a registration application which can be done online. If the firearm is being transferred from one owner to another the process can be done by telephone. Firearm registration certificates do not expire and do not need to be renewed. The Canadian Firearms Registry Online (CFRO) is accessible to police through CPIC

Public Agents Firearms Regulations, which took effect on October 31, 2008, require public service agencies to report all firearms in their possession. Agency firearms are those used by employees (i.e. service firearms) while protected firearms are those that have been found or seized or are otherwise being held. The timely reporting and sharing of information about protected firearms is particularly important for police as it will have a significant impact on investigators' efforts to monitor the locations, movement and distribution of illicit firearms in Canada.

Canadian Firearms Program

There are four (4) major areas within the CFP, which are managed by the Deputy Commissioner Policing Support Services (PSS):

• Firearms Administration Centre (for licensing, registration, customer service and operations);
• Firearms Investigative & Enforcement Services Directorate (who assist police in countering illegal movement and criminal use of firearms);
• Strategic Integration & Program Management Services (program support policy, research and planning, business management);
• Partnership & Outreach (communications, client/partner and stakeholder relationship)

The CFP offers a wide variety of investigational support services to police:

• Firearms Reference Table (FRT), is a comprehensive firearms database with over 130 000 entries which establishes a systematic, standard method of identifying, describing and classifying firearms.
• Firearms Identification, for questionable firearms
• Firearms Analysis, for potential evidence in crimes
• Tracing of illicit firearms, the CNFTC (Canadian National Firearm Tracing Centre) assists police in tracing illegal firearms
• Investigational support & assistance, helps police in preparing, obtaining and executing search warrants, location search and seizure, exhibit identification and organisation and court preparation
• Expert firearms advice & witness, provides firearm-related guidance for testimony and court preparation, and act as liaison with partner agencies that can provide these services
• Firearm Case Law Database, firearm-related cases can be researched, and are distributed to investigators
• Crown Attorney Program, working with crown attorney offices, a network that specializes in firearms investigations
• Firearms Operations and Enforcement Support (FOES), intelligence support to firearm investigators and research that identifies trends and patterns in the criminal use of firearms in Canada.
• Pricing of illicit firearms, a record of firearm "street prices" is maintained and the information is made available to investigators
• Access to specialized firearms information databases, Canadian Firearm Information System (CFIS), Canadian Integrated Ballistic Identification Network (CIBIN) and the Suspect Gun Database
• Training, lectures, conferences, outreach and learning material available across Canada are available on a broad range of topics involving firearms
• Firearms registration information, querying records contained within the Canadian Firearms Registry Online (CFRO)
• Public Agent Firearms Reporting assistance, helping Public Agents use the Public Agency Web Services (PWS) to report agency and protected firearms and assisting Public Agents understand their obligations under the (Public Agents Firearms Regulations)

For any firearm-related inquiries, help with registration, licensing or forms, Canadian Firearm Program Call Centre: 1-800-731-4000

Laws and regulations

Prohibited devices

• Replica firearms (i.e.: "any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm")
• Suppressors (i.e.: "a device or contrivance designed or intended to muffle or stop the sound or report of a firearm")
• Handgun barrels that are under 105mm (excluding barrels of pistols used in international sporting competitions governed by the rules of the International Shooting Union)
• Electrical or mechanical devices designed or adapted to render the trigger mechanism of a semi-automatic firearm to discharge in a fully automatic fashion
• "Any rifle, shotgun or carbine stock of the type known as the “bull-pup” design, being a stock that, when combined with a firearm, reduces the overall length of the firearm such that a substantial part of the reloading action or the magazine-well is located behind the trigger of the firearm when it is held in the normal firing position." (i.e.: only removable stocks are prohibited by this regulation, fixed-stock firearms such as the FN P90 and IMI Tavor are excluded)

Prohibited ammunition

• Armor-piercing (AP) ammunition, for example: KTW and THV round, 5.7x28mm (excluding sporting rounds such as SS196SR and SS197SR)
• Incendiary or explosive ammunition, designed for use in or in conjunction with a cartridge and does not exceed 15 mm in diameter.
• Flechette rounds

Magazine capacity

Some high-capacity magazines are prohibited regardless of the class of firearm to which the magazines are attached. As a general rule, the maximum magazine capacity is:

• 5 cartridges for most magazines designed for semi-automatic, centre-fire, rifle or shotgun;
• 10 cartridges for most handgun magazines

A high-capacity magazine is not prohibited if it has been permanently altered so that it cannot hold more than the number of cartridges allowed by law (10). Acceptable ways to alter a magazine are set out in the (Criminal Code Regulations)

There is no limit to the magazine capacity for:

• semi-automatic, rim-fire rifles
• manually operated (i.e.: bolt-action, lever-action, pump-action) rifles and shotguns

Additionally, there are a few exclusions on magazine regulations for certain specific firearms.

• Lee-Enfield rifles, in which a 10-round magazines can be used
• Magazines designed or manufactured for use in U.S. Rifle M1 (Garand), this includes Springfield Armory, Breda and Beretta M1 Garands
• Magazines designed or manufactured for use in Charlton rifle, Farquhar-Hill rifle and Huot Automatic Rifle that are not reproductions
• Drum-type magazines for .303 Lewis Mk1, Mk2, Mk3, Mk4, Lewis SS and .30 Savage-Lewis; .303 Vickers Mk1, Mk2, Mk3, Mk4, Mk4B, Mk5, Mk6, Mk7, as well as Bren Light MG including Mk1, Mk2, Mk3, Mk4, and any variant or modified versions of them that are not reproductions
• Stripper clips for Hotchkiss Model 1895, 1897, 1900, 1909, 1914, 1917 machine-guns, including Hotchkiss (Enfield) No.2, Mk1 machine-guns and any variant or modified versions of them that are not reproductions
• Double Drum-type magazines designed or manufactured for use in MG-13, MG-15, MG-17, MG-34, T6-200, T6-220 machine-guns and any variant or modified versions of them that are not reproductions
• Ammunition belts (metallic or fabric) that are "not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945."
• Semi-automatic handgun magazines that were manufactured before 1910
• "Snail-drum" type magazines that were originally designed or manufactured for use in the "Parabellum-Pistol or Luger," Borchardt-Luger, Model 1900, 1902, 1904 (Marine), 1904/06 (Marine), 1904/08 (Marine), 1906, 1908, 1908 (Artillery) and any variant or modified version of them
• Magazines that were originally designed or manufactured as an integral part of the Mauser C96, including Model 1895, 1896, 1902, 1905, 1912, 1915, 1930, 1931, M711 and M712 and any variant or modified version of them
• Magazines that were originally designed or manufactured for use in the semi-automatic Webley&Scott, Model 1912 and 1915

Storage

Non-restricted firearms must be unloaded and:

• made inoperable with a secure locking device (such as a trigger lock)
• have bolt(s) or bolt-carrier(s) removed
• securely locked in a sturdy container, cabinet or room that cannot be easily broken into
• except if: (1) in areas where it is legal to fire a gun, non-restricted firearms needed for predator control can temporarily be left unlocked and operable, but they must be kept unloaded and all ammunition must be stored separately, and (2) in wilderness areas, non-restricted firearms can be left unlocked and/or operable, but must be left unloaded (ammunition may be kept nearby).

Restricted firearms must be unloaded and:

• made inoperable with a secure locking device (such as a trigger lock) and securely locked in a sturdy container, cabinet or room that cannot be easily broken into; OR
• locked in a vault, safe or room that was built or adapted for storing these types of firearms
• for automatic firearms, the bolt(s) or bolt-carrier(s) must be removed, if removable, and stored in a separate locked room that cannot be easily broken into

Ammunition:

• must be kept in a location where it is not available for loading the firearm, unless both the firearm and its ammunition are securely locked up

Transportation

• Firearms left unattended in a car must be locked in the trunk or in a similar lockable compartment. If the vehicle does not have a trunk or compartment, the firearm must be placed out of sight inside the vehicle and the vehicle must be locked (same rules apply for transport of replica firearms)
• Non-restricted firearms must be: transported unloaded (with the exception of muzzle-loading rifles, which can be transported loaded between hunting sites so long as the firing cap or flint is removed).
• Restricted and prohibited firearms must be: unloaded, made inoperable with a secure locking device, and locked in a sturdy container, bolt(s) or bolt-carrier(s) must be removed, if removable.

In addition to the above lockout procedures restricted firearms must be transported with an authorization to transport from a firearms officer.

Display

Non-restricted firearms must be unloaded and:

• made inoperable with a secure locking device (such as a trigger lock); or
• locked in a sturdy container, cabinet or room that cannot be easily broken into.

Restricted and prohibited firearms must be unloaded and:

• made inoperable with a secure locking device (such as a trigger lock); and
• locked in a sturdy container, cabinet or room that cannot be easily broken into.
• the bolt(s) or bolt-carrier(s) must be removed, if removable, and stored in a separate locked room that cannot be easily broken into

Ammunition:

• must not be displayed with a firearm that can discharge it

Public Agents Firearms Regulations

When not in use, agency firearms and other controlled items must be:

• stored in a container, receptacle, vault, safe or room
• that is controlled by the public agency and kept securely locked; or
• in a dweling place if authorised by the public agency

Other controlled items being stored in a dweling place must be securely locked in a container or receptacle that cannot be easily broken into, unless the agency has provided other instructions in writing.

By law, a potential customer must be 18 years of age or older to purchase a firearm or legally maintain possession of one. Citizens under the age of 18 but over the age of 12 may procure a minor’s licence which does not allow them to purchase a firearm but allows them to borrow a firearm unsupervised and purchase ammunition. Children under the age of 12 that are found to need a firearm to hunt or trap may also be awarded the minor's licence. This is generally reserved for children in remote locations, primarily aboriginal communities that engage in subsistence hunting.

By law, as of January 1, 2001, all firearms in Canada must legally be registered with the Canadian Firearms Registry. In early 2006, the Conservative Party of Canada formed the 39th Canadian government and announced an amnesty period of one year (later extended by a further year) in which licensed or previously licensed long gun owners would not be punished for not registering their long guns. The legal requirement to register as set forth by law has not been revoked; legislation to revoke the requirement to register long-guns was introduced by the government during the 39th Parliament but was not brought to a vote. It was opposed by the Opposition parties who together have a majority of seats in the House of Commons. However, similar legislation may again be brought forward in the 40th Parliament since the Conservative government remains committed to the abolition of long-gun registration.

To purchase a handgun or other restricted firearm, a person must have a possession and acquisition licence (PAL) for restricted firearms. In some provinces the Chief Firearms Officer (CFO) also requires that the person be a member of a certified range, although when challenged such requirements have been quashed (as has occurred in Ontario). To use restricted firearms a person must also obtain long-term authorization to transport (LTATT) from their provincial Chief Firearms Officer (CFO) to move the firearm to and from the range. Short-term authorization to transport (STATT) is required in most cases to move a firearm from a business to the owner's home, or when the owner wishes to change the address where the firearm is stored. Firearms can be shipped without a STATT by a bonded courier directly to an owner's home.

Canada's federal laws severely restrict the ability of civilians to possess or transport restricted or (grandfathered) prohibited firearms in public, although possession of firearms is permitted for sporting activities such as target shooting and hunting (non-restricted firearms only). Section 17 of the Firearms Act makes it an offence to possess prohibited or restricted firearms other than at a dwelling-house or authorized location, but there are two exceptions to this prohibition found in sections 19 and 20 of the act. Section 19 allows for persons to be issued an authorization to transport, or ATT, authorizing the transport of a firearm outside the home for certain purposes, such as going to and from a range, a training course or repair shop. Such firearms must be unloaded, stored in secure, locked containers and equipped with a trigger lock. Section 20 of the act allows individuals to receive an authorization to carry, or ATC, granting permission to carry loaded restricted firearms or section 12(6) prohibited handguns on their persons for certain reasons specified in the act. These reasons are as follows: if the person is a licensed trapper and carries the firearm while trapping, if the person is in a remote wilderness area and needs the firearm for protection against wildlife, if the person's work involves guarding or handling money or other items of substantial value, or if the person's life is in danger and police protection is inadequate to protect him or her. It should be noted that the authorities almost never issue an ATC for the last reason, that is to say, because a person's life is threatened and police protection is inadequate. The vast majority of ATC's issued are to employees of armoured car companies to allow carry of a company owned firearm only while working.

Classification of firearms

Like licences, firearms are classified into prohibited, restricted and non-restricted categories, as defined by Part III of Criminal Code (R.S., 1985, c. C-46)

Prohibited firearms include:

• Handguns with a barrel that is 105 millimetres (4.1 in) or less
• Handguns that are designed to discharge .25 or .32 calibre ammunition (unless stated in the Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code International Sporting Competition Handguns)
• Rifles and shotguns that have been altered by sawing, cutting or any other means, so that their barrel length be less than 457 millimetres (18.0 in) or their overall length less than 660 millimetres (26 in)
• Automatic firearms, whether or not they have been altered to discharge only one projectile with one pressure of the trigger
• Firearms prescribed as prohibited by the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462):

• Firearm capable of discharging dart or other object carrying electrical current or substance, including Taser Public Defender and any variant or modified version of it
• Firearm known as SSS-1 Stinger and any similar firearm designed or of a size to fit in the palm of the hand
• Carbines, rifles and shotguns of designs commonly known as, including any variants or modified versions of them:

• A.A. Arms AR9 semi-auto rifle and AR-9 carbine
• AK-47 rifle and all variants, including AK Hunter, AKM, AKM-63, AKS-56S, AKS-56S-1/2, AKS-74, AKS84S-1, AMD-65, AR Model .223, Dragunov, Galil, KKMPi69, M60, M62, M70B1, M70AB2, M76, M77B1, M78, M80, M80A, MAK90, MPiK, MPiKM, MPiKMS-72, MPiKS, PKM, PKM-DGN-60, PMKM, RPK, RPK-74, RPK-87S, Type 56, 56-1, 56-2, 56-3, 56-4, Type 68, Type 79, American Arms AKY39, AKF39, AKC47 and AKF47, MAM70WS762, Mitchell AK-22, AK-47 and Heavy Barrel AK-47, Norinco 84S, 84S AK, 56, 56-1/2/3/4, Poly Technologies Inc. AK-47/S, AKS-47/S and AKS-762, Valmet M76, M76 carbine, M78/A2, M78 LMG, M82 and M82 Bullpup, except: Valmet Hunter, Hunter Auto and M78
• American 180 auto-carbine, including AM-180 and Illinois Arms Co. Model 180 auto-carbines
• Armalite AR-180 Sporter carbine
• Barrett "Light 50" Model 82A1 & Model 90 rifles
• Benelli M1 Super 90 and M3 Super 90 shotguns, except: M1 Super 90 (Field/Sporting Special), Montefeltro Super 90 (Standard Hunter/Left Hand/Turkey/Uplander/Slug/20 Gauge), Black Eagle (Limited Ed./Competition/Slug Gun), Super Black Eagle (Custom Slug)
• Beretta AR70 assault rifle
• Bernardelli B4 and B4/B shotguns
• BM 59 rifle, including: Beretta BM 59, BM 59R, BM 59GL, BM 59D, BM 59 MkE, BM 59 MkI/MkII/MkIII, BM 59 Mk Ital/Ital TA/TP/Para and BM 60CB, as well as Springfield Armory BM 59 Alpine, BM 59 Alpine Paratrooper and BM 59 Nigerian MkIV
• Bushmaster auto-rifle
• Calico M-900 rifle, including M-951, M-100 and M-105 carbines
• Cetme Sport auto-rifle
• Claridge HI-TEC C, LEC, ZLEC-9 carbines
• Daewoo K1, K1A1, K2, Max1, Max2, AR-100, AR-110C, MAXI-II and KC-20 rifles
• Demro TAC-1M and XF-7 Wasp carbines
• Eagle Apache carbine
• Encom MK-IV, MP-9 and MP-45 carbines
• FAMAS rifle, including MAS223, FAMAS Export, FAMAS Civil and Mitchell MAS/22
• Feather AT-9 semi-auto carbine and AT-22 auto-carbine
• Federal XC-900, XC-220 rifles and XC-450 auto-rifle
• Fabrique Nationale FN FNC, FNC-11, FNC-22, FNC-33, FNC Auto and FNC Auto Paratrooper rifles, as well as FN FAL, FN 308 Model44, FAL Competition Auto, FAL Heavy Barrel 308 Match, FAL Paratrooper 308 Match 50-64 and FN 308 Model 50-63
• Franchi SPAS 12, LAW 12 shotguns
• Franchi SPAS 15 shotgun
• Galil assault rifle, including AP-84, ARM, AR, SAR, 332 and Mitchell Galil/22 auto-rifle
• Gepard anti-materiel rifle
• Goncz High-Tech carbine
• Grendel R-31 auto-carbine
• Heckler&Koch G3, G3A3, G3A3ZF, G3A4, G3SG/1, G11, HK33, 33A2, 33A3, 33KA1, HK91, 91A2, 91A3, 93, 93A2, 93A3, 94, 94A2, 94A3 and PSG-1 rifles, as well as: MP5, MP5A2, MP5A3, MP5K, MP5SD, MP5SD1, MP5SD2, MP5SD3 submachine guns
• Iver Johnson AMAC long-range rifle and Plainfield Super Enforcer carbine
• J&R Eng M-68, PJK M-68 and Wilkinson Terry carbines
• Kimel Industries AR-9 rifle/carbine
• Leader Mark Series auto-rifle
• Maadi Griffin rifle/carbine
• McMillan M87, M87R rifles and M88 carbine
• Pauza Specialties P50 rifle and P50 carbine
• PE57 rifle
• Research Armament Industries Model 500 rifle
• SIG AMT, SG-550 rifles and SG-551 carbine
• Spectre auto-carbine
• Springfield Armory SAR-48, SAR-48 Bush/Heavy Barrel/Para/22
• Steyr AUG rifle
• Striker, Striker 12 and Streetsweeper shotguns
• Thompson submachine gun including: Model 1921, 1927, 1928, M1, Auto-Ordnance M27A-1, M27A-1 Deluxe, M1927A-3/A-5, Commando Arms MkI, MkII, MkIII, Mk9, Mk45
• Universal Enforcer Model 3000 auto-carbine and Model 3010N, 3015G, 3020TRB and 3025TCO carbines
• US Arms PMAI assault rifle
• USAS-12 auto-shotgun
• UZI, Mini-UZI and Model A carbines
• Weaver Arms Nighthawk carbine

• Pistols, revolvers and other handguns of designs commonly known as, including any variants or modified versions of them:

• AA Arms AP-9 auto-pistol and AP-9, Target AP-9 and Mini AP-9 pistols
• Bushmaster auto-pistol
• Calico M-950 auto-pistol and M-110 pistol
• Claridge Hi-Tec Models S, L, T, ZL-9 and ZT-9 pistols
• Cobray M10, M11, and RPB M10/M11/SM10/SM11 and SWD M10/M11/SM10/SM11 pistols
• CZ Skorpion auto-pistol
• Encom MK-IV, MP-9 and MP-45 assault pistols, including MP-9, MP-45 mini pistols
• Federal XP-450, XP-900 auto-pistols
• Goncz High-Tech long pistol
• Grendel P-30, P-30M, P-30L and P-31 pistols
• Heckler&Koch SP89 auto-pistol
• Ingram M10, M11 pistols
• Interdynamics KG-99 assault pistol
• Intratec Tec-9, Tec-9S, Tec-9M and Tec-9MS auto-pistols (as well as any semi-automatic variant including Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion, Tec-22T and Tec-22TN)
• Iver Johnson Enforcer Model 3000 auto-pistol
• Kimel Industries AP-9 pistol
• Leader Mark5 auto-pistol
• Maadi Griffin pistol
• OA-93 assault pistol
• Patriot pistol
• Partisan Avenger auto-pistol
• Spectre auto-pistol
• Sterling MK6 carbine
• Steyr SPP auto-pistol
• Sterling Mk7, Mk7 C4 and Mk7 C8 pistols
• US Arms PMAIP assault pistol
• UZI, Micro-UZI pistols
• XM231S pistol and A1, A2, A3 Flattop pistols

Restricted firearms are:

• Handguns that are not prohibited
• Firearms with a barrel shorter than 470 millimetres (19 in)
• Semi-automatic firearms designed to discharge center-fire ammunition
• Rifles and shotguns that can be fired when their overall length has been reduced by folding, telescoping or other means to less than 660 millimetres (26 in)
• Firearms prescribed as restricted by the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462), and any variant or modified version of them:

• High Standard Model 10 Series A & Series B
• M-16 rifle, including Colt AR-15, AR-15 SPI/Sporter/Collapsible Stock Model/A2/A2 Carbine/A2 Government Model Rifle/A2 Government Model Target Rifle/A2 Government Model Carbine/A2 Sporter II/A2 H-BAR/A2 Delta H-BAR/A2 Delta H-Bar Match/9mm Carbine, Armalite AR-15, AAI M15, AP74, EAC J-15, PWA Commando, SGW XM15A and CAR-AR, SWD AR-15, as well as any .22 calibre rimfire variant of it including Mitchell M16A-1/22, M-16/22, CAR-15/22, AP74 Auto Rifle

(Note: legally, restricted firearms can only be discharged at shooting ranges; so whilst one can use them in competitions, one cannot use them for hunting)

Non-restricted firearms are:

• ordinary rifles and shotguns, other than those referred to above.

Firearms registry

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It has been estimated that as many as five million gun-owning Canadians have not registered their firearms. As of June 2003, only 6.4 million firearms had been registered, despite a 1974 estimate of ten million guns in Canada. In February 2003, the government announced plans to strengthen the administration of the gun control program. Two days before the election in May 2004, the government dropped all fees for transferring firearms.

Supporters of the firearms registry argue that it makes no sense to abandon the project midstream and that firearms registration assists police forces in knowing where legal firearms may be held when answering calls. They further argue that registration compels gun owners to be more responsible for the safe storage and use of firearms they possess.

A positive report on the results of the firearm registry, required by law to be tabled on October 22, 2009 was delayed by the Conservative Government until after the vote on the firearms registry on November 4, 2009, although the Public Safety Minister argued that it had nothing new to add to the debate, and questioned the timelines presented.

Opponents argue that firearms registration does nothing to prevent crime and that gun owners are already licensed. They state that given a significant data error rate and high levels of non-compliance with current legislation, firearms information is often unreliable. They further claim that registration will lead to confiscation. In this regard they note the promises made by the Liberal, NDP and Bloc Québécois parties during the 2008 election campaign to prohibit certain types of semi-automatic firearms and handguns.

The policy of the Conservative Government has been to work for the abolition of the long-gun registry within the constraints of a minority Government while introducing certain measures (such as a waiver on licence renewal fees and an amnesty for those who may possess unregistered non-restricted firearms with a licence or recently expired licence) to ease the requirements on firearms owners. To date, the Conservative Government has not supported a ban on handguns as advocated by the other parties. Instead, the Government has argued that handguns are already tightly regulated and only available to licensed target shooters, collectors and those requiring them for the protection of life.

Until January, 2011, the gun control program was supported at an estimated cost of $4 million per year. To date, while the Firearms Act and Regulation kept track of legal firearms owners and provided criminal penalties for those who failed to keep the government advised of their current address, there was no registry of offenders who are prohibited from owning firearms or a requirement that they keep the government advised of their place of residence.

The Auditor General's report also found that there was a lack of evidence to support the effectiveness of the gun registry, or to prove that it was meeting its stated goal of improving public safety. The report states:

The performance report focuses on activities such as issuing licences and registering firearms. The Centre does not show how these activities help minimize risks to public safety with evidence-based outcomes such as reduced deaths, injuries and threats from firearms.

Also of note, individual police officers from across Canada were not offered the opportunity to voice their concerns prior to the CACP offering support for the registry, a move some officers have called "unfair" and "dictatorial".^[who?] Historically, the Canadian Association of Chiefs of Police has supported the registry. The National Firearms Association website and the Canadian Shooting Sports Association website document the statistics quoted above.

Violent crime, suicide and accidents in Canada

Violent crime rates in Canada increased significantly between 1983 and 1993, due largely to changes in the criminal code that clarified assault charges. The number of assault 1 charges (an assault not involving a weapon or causing serious physical injury) increased 85% and the number of sexual assault 1 (an assault with only minor physical injuries or no injuries to the victim) charges increased by 250%. Other violent crimes either declined or remained stable. Violent crime has decreased since 1993.

The murder rate in Canada peaked in 1975 at 3.03 per 100,000 and has dropped since then, reaching lower peaks in 1985 (2.72 per 100,000) and 1991 (2.69 per 100,000) while declining to 1.73 per 100,000 in 2003. The average murder rate between 1970 and 1976 was 2.52, between 1977 and 1983 it was 2.67, between 1984 and 1990 it was 2.41, between 1991 and 1997 it was 2.23 and between 1998 to 2004 it was 1.82. In 2007, the murder rate was 1.98. These statistics do not discuss the impact of social, political, economic, gun law or other factors as causative factors for the drops in overall homicide.

Spousal murder rates have fallen significantly as well. For females in a relationship the rate of homicide fell from 1.65 per 100,000 in 1974 to 0.71 per 100,000 in 2004 while for males in a relationship the rate dropped from 0.44 per 100,000 in 1974 to 0.14 per 100,000 in 2004. Spousal homicides committed with firearms dropped by 77% for women between 1974 and 2000 and by 80% for men during the same time period. In the U.S. increased awareness, reporting and publication of domestic violence incidents, as well as police campaigns to crack down on domestic violence, have been the primary factors on the reduction of domestic violence homicides.

While the murder rate using firearms dropped by over half from 1977, homicide rate using other methods declined less sharply. The firearm homicide rate was 1.15 per 100,000 in 1977 and dropped to 0.50 in 2003 while the non-firearm rate went from 1.85 per 100,000 to 1.23 per 100,000 in the same time period. It is not specified how social, political, economic or other factors such as gun laws have affected rates of crime.

Shootings generally account for around 30% of murders in Canada, with stabbings generally equal or lower before 1995, when stabbings outnumbered shootings. From 1995 to 2007, stabbings have outnumbered shootings in six years (1995, 1998, 2002, 2004, 2005, 2007) with shootings outnumbering stabbings in the remaining seven (1996, 1997, 1999, 2000, 2001, 2003, 2006).

The suicide rate in Canada peaked at 15.2 in 1978 and reached a low of 11.3 in 2004. The number firearm suicides in Canada dropped from a high of 1287 in 1978 to a low of 568 in 2004 while the number of non-firearm suicides increased from 2,046 in 1977 to 3,116 in 2003. It is, therefore, reasonable to conclude new gun laws in Canada have decreased gun suicides; however it is arguable that new gun laws have simply shifted those suicides to other means. No other social, political or economic factors correlated statistically in any of these results.

The total accidental death rate in Canada was 27.9 per 100,000 in 2000. Included in that total is the death rate from transportation – including motor vehicles, water craft and other land transports – which stood at 10.2 per 100,000. Also included are non-transport deaths, with a rate of 17.7 per 100,000. Of non-transport accidents, the 'unspecified accident' category stood at the highest with a rate of 7.7 per 100,000. After that, falls accounted for the next largest group with a rate of 5.1 per 100,000. Accidental poisonings were next with a rate of 3.1 per 100,000. Accidental firearm deaths stood at 0.1 per 100,000 in 2000. These statistics contain no information on correlation between gun laws and accidental rates of death by gun or other means.

Legal

Different police bodies and the role of provincial jurisdictions in gun law application complicate gun politics in Canada. Ontario and Quebec (accounting for more than half the population) had very strict provincial firearm registration systems long before the latest federal laws. These provinces have a history of gun control while other provinces do not.

Although firearms laws are all officially controlled by the federal government which should create an identical situation across the country, the role of provincial governments in implementing those laws complicates this matter. Provinces are free to opt-in to administer the program provincially; currently half administer the program federally and half provincially (see CFP for more information).

Both federal and provincial Crown Counsels generally have concurrent jurisdiction over Criminal Code offences, that is, they can both prosecute offences committed under the Criminal Code with certain exception that is limited to federal Attorney General only. In particular, firearms-related criminal charges maybe prosecuted under federal or provincial Attorneys General. Where Bill C-68 makes it a criminal offence to possess an unregistered firearm or possess a firearm without a licence, it is generally up to provincial Crown Counsel to prosecute such offences, but the federal Attorney General can intervene and lead up the prosecution. For reasons of cost or public opinion all provinces except Quebec have refused to prosecute people for these charges. Also, since CFOs are responsible for issuing Authorization to Transport and Authorization to Carry, the use of firearms can differ between provinces.

Some provinces, via their bylaws, also allow municipalities within their boundaries to regulate the use of firearms. For example, in British Columbia, under section 8(5) of the Community Charter, municipal councils can "regulate and prohibit in relation to the discharge of firearms." Similar legislations are also in effect in Alberta/Nova Scotia (Municipal Government Act), Ontario/Manitoba (Municipal Act), New Brunswick/Prince Edward Island (Municipalities Act) and Quebec (Municipal Code of Québec) but not in Saskatchewan and Newfoundland and Labrador.