Citation(s) from the GunPolicy.org literature library

Canada. 2011. ‘Eligibility to Hold Licences – Special Cases – Prohibited Firearms.’ Firearms Act S.C 1995 c.39 (Act Current to 5 May 2011); Section 12. Ottawa: Senate and House of Commons of Canada. 5 May.

Relevant contents

Eligibility to Hold Licences - Special Cases - Prohibited Firearms

12. (1) An individual who is otherwise eligible to hold a licence is not eligible to hold a licence authorizing the individual to possess prohibited firearms except as provided in this section.

Grandfathered individuals — pre-January 1, 1978 automatic firearms

(2) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on January 1, 1978 possessed one or more automatic firearms;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms.

Grandfathered individuals — pre-August 1, 1992 converted automatic firearms

(3) An individual is eligible to hold a licence authorizing the individual to possess automatic firearms that have been altered to discharge only one projectile during one pressure of the trigger and that, on the commencement day, were registered as restricted weapons under the former Act if the individual
(a) on August 1, 1992 possessed one or more automatic firearms
(i) that had been so altered, and
(ii) for which on October 1, 1992 a registration certificate under the former Act had been issued or applied for;
(b) on the commencement day held a registration certificate under the former Act for one or more automatic firearms that had been so altered; and
(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more automatic firearms that have been so altered…

Grandfathered individuals — pre-December 1, 1998 handguns

(6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if
(a) on December 1, 1998 the particular individual
(i) held a registration certificate under the former Act for that kind of handgun, or
(ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and
(b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun.

Grandfathered handguns — pre-December 1, 1998 handguns

(6.1) Subsection (6) applies in respect of a handgun
(a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and
(b) in respect of which
(i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act,
(ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or
(iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date.

Next of kin of grandfathered individuals

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.

Grandfathered individuals — regulations re prohibited firearms

(8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual
(a) on the day on which the provision comes into force possesses one or more of those firearms; and
(b) beginning on
(i) the day on which that provision comes into force, or
(ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued

was continuously the holder of a registration certificate for one or more of those firearms.

ID: Q4844

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