Canada’s Gun Laws

Newest Update of This Page: 09 December 2024

Main Reference Page: TheGunBlog.ca/Reference

1. Overview

Canadian politicians designed the law to suppress gun users and gun owners.
Gun owners and users are regulated by federal criminal law, as well as provincial and municipal restrictions.
Lawful gun use is recognized in federal criminal law with severe restrictions.

2. Anti-Gun Regime

The laws and regulations are designed to make it easy to criminalize gun users and confiscate their firearms, and to make it difficult to get and use firearms legally.
The anti-gun policy regime violates fundamental principles of justice relating to process, privacy and personal protection.
Although policies specifically targeting gun users depend in theory on the Constitution, including the Charter of Rights and Freedoms, in reality they often negate Constitutional rights and freedoms.
Personal gun ownership falls under criminal law, primarily the Criminal Code and the Firearms Act, an add-on to the Criminal Code.
The governing Liberal Party, in office since late 2015, is working to further suppress government-licensed gun users and eliminate lawful gun ownership. (See: Liberal Gun Bans)
Despite all of the above, more than 2 million adults have a firearm Possession and Acquisition Licence (PAL) allowing them to buy and own certain government-approved guns.

3. Why It Matters

Complex:The laws are so complex, convoluted and confusing that they overwhelm many lawyers, judges, police, politicians, policymakers, and private firearm users.
Costly: Developing, adopting and enforcing all the rules costs hundreds of millions of dollars every year, with little or no evidence of benefit. TheGunBlog.ca asked the Department of Justice and the Royal Canadian Mounted Police for any evaluations or audits of the legislative and policy framework. None were provided.
Criminalizing: Millions of safe and responsible hunters, farmers, ranchers, plinkers, competitors, gun collectors and business owners live under the constant threat of criminal charges or jail for the slightest misstep, such as missing a document or missing a document-renewal deadline.

4. Perpetual Prohibition Threat

Criminal Code Section 117.15 is a sword over the neck of Canada’s gun users.

It authorizes the prime minister and cabinet to arbitrarily and unilaterally prohibit (and eventually confiscate) any firearm any time by decree through a so-called “order in council.”
Cabinet is allowed to prohibit any firearm anytime if, in its opinion, the firearm is unreasonable for use in Canada for hunting or sporting purposes.
Prime Minister Justin Trudeau used this authority for one of the biggest mass confiscations in Canadian history on 01 May 2020.

4.1 Criminal Code Section 117.15 (Excerpt)

Regulations

117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

Restriction

(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

—Source: Criminal Code, Section 117.15

5. Criminalized By Vagueness and Ambiguity

The laws and regulations include many vague and undefined terms to make it easier to criminally charge firearm owners, even if they didn’t do anything immoral or harmful.

5.1 Examples

“reasonable” for hunting and sport shooting (in relation to firearm legality)
“readily accessible” ammunition (in relation to firearm storage)
“reasonably direct” route (in relation to firearm transportation)
“variant” of a firearm (in relation to firearm classification)

6. Main Anti-Gun Legislation

6.1 Regulations Made Under the Criminal Code

(Alphabetical)

Antique Firearms, Regulations Prescribing (SOR/98-464)
Designated Areas Firearms Order (C.R.C., c. 430)
Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted (SOR/98-462)
Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns) (SOR/98-465) (TheGunBlog.ca added this item to the list on 29 April 2021.)
Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted(SOR/2020-96) [TheGunBlog.ca added this item to the list on 23 February 2022.]

6.2 Regulations Made Under the Firearms Act