Licence checks for non-restricted firearm transfers

Summary#

This Order sets May 18, 2022 as the day that parts of An Act to amend certain Acts and Regulations in relation to firearms take effect. Those parts require licence checks before transfers of non‑restricted firearms and new record‑keeping rules for businesses that deal with those firearms.

What it does#

• Brings into force the following parts of the Act: sections 5, 7, 9, 10, 11, subsections 13(1) and 13(3), and 14 as of May 18, 2022.
• Requires any person or business transferring a non‑restricted firearm to verify that the buyer (the transferee) holds a valid firearms licence and to obtain a reference number from the Registrar of Firearms before completing the transfer.
• Gives the Registrar of Firearms the duty to record each reference request, keep reference numbers issued, and note reasons when a request is refused.
• Allows a chief firearms officer (CFO) to revoke a licence if a transfer is done without the required verification.
• Requires firearms businesses that transfer or hold non‑restricted firearms to keep inventory and sales records (including reference number, date of issue, transferee licence number, and firearm make/model/type/serial number where available).
• Requires businesses that stop operating to send their non‑restricted firearms records to the Registrar of Firearms, who may keep them for 20 years and then destroy them.
• Updates and relies on systems run by the Royal Canadian Mounted Police (RCMP) through the Canadian Firearms Program (CFP) for online and phone licence checks.

Who's affected#

• Individuals who sell or transfer non‑restricted firearms (private sellers).
• People who buy or receive non‑restricted firearms (transferees).
• Firearms retailers and other businesses that sell, store, or deal in non‑restricted firearms.
• Holders of existing business firearms licences, which are treated as already including the new record‑keeping condition when the Act comes into force.
• The Registrar of Firearms, the RCMP and the Canadian Firearms Program (CFP), which will run the verification service and store records.
• It is unclear from the Order how many businesses or individuals will be affected, because data on business inventories of non‑restricted firearms is not available.

Why it matters#

• The licence‑verification step aims to reduce transfers to people who do not hold a valid licence. That could lower some kinds of illegal gun access.
• The new business record rules are meant to improve tracing of non‑restricted firearms. The Government expects tracing success to rise above the current average of 18% annually. Better tracing can help return stolen guns, reveal “straw” purchases, and support criminal investigations.
• There is a small added burden for sellers and businesses: it is estimated that recording each non‑restricted firearm will take about 5 minutes. Businesses may keep records in any format (paper or electronic).
• Personal information in licence applications and business records is subject to privacy protection under federal privacy laws. The CFP plans to communicate details and provide guidance as the rules come into force on May 18, 2022.