Citation(s) from the GunPolicy.org literature library
Canada. 2011. ‘Authorized Transfers and Lending.’ Firearms Act S.C 1995 c.39 (Act current to 25 November 2012 and last amended on 5 April 2012); Sections 21-23.2. Ottawa: Senate and House of Commons of Canada. 5 May.
Authorized Transfers and Lending
Definition of "transfer"
21. For the purposes of sections 22 to 32, "transfer" means sell, barter or give.
Mental disorder, etc.
22. A person may transfer or lend a firearm to an individual only if the person has no reason to believe that the individual
(a) has a mental illness that makes it desirable, in the interests of the safety of that individual or any other person, that the individual not possess a firearm; or
(b) is impaired by alcohol or a drug.
Authorization to transfer firearms neither prohibited nor restricted
23. A person may transfer a firearm that is neither a prohibited firearm nor a restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.
Voluntary request to Registrar
23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.
No record of request
(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).
Authorization to transfer prohibited or restricted firearms
23.2 (1) A person may transfer a prohibited firearm or a restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;
(c) the transferor informs the Registrar of the transfer;
(d) if the transferee is an individual, the transferor informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
(e) a new registration certificate for the firearm is issued in accordance with this Act; and
(f) the prescribed conditions are met.
(2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision.