How do I legally transport a firearm in Canada?

How do I legally transport a firearm in Canada?

Canadians who want to take their firearm to the range or a wilderness area for hunting must follow strict regulations. The steps involved in transporting a firearm depend on its classification. Those who contravene these rules face maximum prison penalties of five to 10 years, depending on the charge.

What if I want to transport a non-restricted weapon?

This class includes most rifles or shotguns, provided they are not classified as either restricted or prohibited.

According to the Firearms Act, these weapons must be unloaded and kept in the trunk or storage container and kept out of sight.

What if I want to transport a restricted or prohibited firearm?

Restricted firearms include most types of handguns as well as firearms of any other style that are not classified as prohibited.

Before being transported, the Act requires that these weapons be unloaded and that the bolt or bolt carrier be removed, if possible. A secure locking device must be affixed that will prevent them from being used. The owner must also obtain an Authorization to Transport certificate (1-800-731-4000) from their provincial or territorial Chief Firearms Office.

What if I want to transport a replica or antique firearm?

The rules dealing with transporting replica or antique firearms are similar to those concerning non-restricted weapons. According to the Firearms Act, these weapons must be put into a trunk in a locked compartment when being transported and cannot be visible from outside the vehicle.

The Act makes a special provision with antique firearms, noting they should be in a “locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation.”

What if I leave the vehicle unattended?

If a vehicle is to be left unattended during the transportation period, such as at a restaurant, the RCMP states that the firearm should be stored in a trunk or similar compartment that can be securely locked. The firearm cannot be visible and the vehicle must be kept locked.

The only exception is if you are in a remote wilderness area and cannot lock your non-restricted firearms inside your vehicle. The RCMP says the firearm still must be unloaded and kept out of sight with a secure locking device attached unless it is needed for predator control.

What are the penalties for unsafely transporting a firearm?

You could be charged with careless use of a firearm. This charge makes it an offence to use, carry, handle, ship, transport or store a firearm “in a careless manner or without reasonable precautions for the safety of other persons.”

If the charge is treated as an indictable offence, the maximum punishment is two years in jail for a first conviction or five years for recurring convictions. Lesser punishments are given if the charge is prosecuted as a summary conviction.

A related offence is unauthorized possession in a motor vehicle. Police can lay this charge against any occupant of a motor vehicle in which an illegally transported firearm has been found. It also applies to replica firearms and ammunition.

Defences to this charge include that you thought the person with the firearm had the required authorization to transport it. You can also not be convicted if, “on becoming aware of the presence of the firearm, weapon, device or ammunition, you attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.”

If the charge is treated as an indictable offence those convicted face a maximum 10-year prison sentence, with lesser penalties if the charge is prosecuted as a summary conviction.

What are the rules for storing a non-restricted firearm at home?

Non-restricted firearms being kept at home must be unloaded. They must also be:

• rendered inoperable by means of a secure locking device;
• rendered inoperable by the removal of the bolt or bolt-carrier; or
• stored in a container, receptacle or room that is kept securely locked.

What are the rules for storing a restricted firearm at home?

Restricted firearms being kept at home must be unloaded. They must also be:

• rendered inoperable by means of a secure locking device and stored in a securely locked container, or receptacle that is constructed so that it cannot readily be broken open or into; or
• stored in a vault, safe or room that has been specifically constructed for the secure storage of restricted firearms and that is kept securely locked.

What are the rules for storing a prohibited firearm at home?

Prohibited firearms being kept at home must be unloaded. They must be:

• rendered inoperable by means of a secure locking device and stored in a container, receptacle or room that is kept securely locked;
• if the prohibited firearm is an automatic weapon with a removable bolt or bolt carrier, those items should be removed and stored in a locked room that is different from the room in which the automatic firearm is stored.

Ammunition must be stored in a locked container or receptacle, no matter the firearm’s classification.

What the rules about displaying firearms?

Some people like to keep their non-restricted rifles and shotguns on display in a gun rack. That is allowed provided the firearm is unloaded and there is a locking device attached to non-restricted weapons. Restricted and prohibited weapons must be unloaded, affixed with a locking device and securely attached to something so they cannot be easily picked up. For automatic weapons, the bolts or bolt carriers must be removed and locked in a separate room that is difficult to break into.

Call me for assistance

The rules regarding the purchase, storage, transportation and use of firearms in Canada have changed significantly in the past few decades. If you have been charged with a firearms-related offence or another Criminal Code infraction, call me for a free consultation in French or English.