Possession and acquisition licence

The Possession and Acquisition Licence (PAL; French: permis de possession et d'acquisition) is the primary firearms licence under Canadian firearms laws. The PAL is the only licence issued to new adult firearms licence applicants in Canada; it is both required and the only permissible document for a person to acquire or permanently import a firearm. Applicants for a PAL must be 18 years of age or more.

Possession and Acquisition Licence
TypeFirearms licence
Issued byRoyal Canadian Mounted Police
First issued1995
Valid in Canada
Expiration5 years

There is no requirement of citizenship or residency (although different forms, and slightly different requirements apply). A Non-Resident Firearms Declaration form that has been confirmed by a Canada Border Services Agency officer serves as a temporary firearms licence for non-residents that are visiting Canada for fewer than 60 days.[1] Unlike a PAL, however, the Non-Resident Firearms Declaration is only considered a valid temporary licence for the specific firearms declared and does not permit the holder to borrow any firearms.

There is a separate licensing system to transport restricted firearms (authorization to transport). In other words, while a PAL (with appropriate endorsements) may permit a person to purchase a restricted firearm, it does not in itself permit that person to transport it from the store to their home. (This particular case can become an endorsement on a PAL.) For non-restricted firearms separate authorization to transport is not required.

Other firearms licences

Other firearm licences for individuals include:

  • Minors licence (under 18) permits borrowing a firearm. Usually applicant must be at least 12, although exceptions can be made if one can demonstrate "need". (Requirements, including courses, are substantially the same as PAL.)
  • Possession-only licences (POL), which no longer exist. All POLs were converted to PALs. The POL was a grandfathered class of licence that permitted possession of firearms and acquisition of ammunition, but not acquisition of firearms.[2]
  • Non-resident temporary borrowing licence for non-restricted firearms
  • Non-resident temporary possession licence for minors
  • Executor of will. While not technically a licence, the executor of a will, in many cases, can temporarily have custody of firearms as part of an estate, without themselves having a firearms licence.

NOTE: While issued licences read either "Possession • Acquisition" or "Possession Only", the Firearms Act and regulations refer to either "possession and acquisition licence" or "possession licence", without the word only.

Obtaining/Applying

All licensing of firearms in Canada is managed by the Canadian Firearms Program (French: Programme canadien des armes à feu) of the Royal Canadian Mounted Police. In the Canadian system, there are three classes of firearms and firearm licences: non-restricted, restricted and prohibited. See § Classification of firearms below for complete details on prohibited, restricted and non-restricted firearms.

A possession and acquisition licence is a licence that allows individuals in Canada to possess and acquire firearms as well as ammunition. Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. If an individual possessing a PAL is convicted of certain offences, a PAL can be revoked. If an individual does not renew their PAL prior to its expiration date or if they have their PAL revoked, they must legally dispose of any firearms in their possession. A licence for prohibited firearms can be issued to qualifying businesses, and very rarely to individuals (firearms they own, as the gun laws changed over time.) Previous convictions for serious violent, drug or weapons offences almost invariably result in the denial of the application.

A PAL is generally obtained in the following three steps:

Safety training
All PAL applicants are recommended to successfully complete the Canadian Firearms Safety Course[3] (CFSC) for a Non-restricted licence, and the Canadian Restricted Firearms Safety Course[4] (CRFSC) for a restricted licence. The examinations contain both a written and practical component. Information on the locations and availability of these courses can be found at the RCMP website.[5]
Formal application
Submit completed application (with supporting documents)
Security screening
Background checks and investigations are performed. All applicants are screened and a mandatory 28-day waiting period is imposed on first-time applicants.

Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed, an individual can apply for a firearm transfer;[6] and an authorization to transport[7] (ATT) for restricted firearms.

Classification of firearms

Like licences, firearms are classified into prohibited, restricted and non-restricted categories, as defined by Part III of Criminal Code (R.S., 1985, c. C-46)[8]

Prohibited firearms
  • Handguns
  • with a barrel length less than 105 millimetres (4.1 in), or;
  • that are designed to discharge .25 or .32 calibre ammunition;
  • exceptions are stated in the Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code International Sporting Competition Handguns[9]
  • Rifles and shotguns that have been altered by sawing, cutting or any other means, so that:
  • the barrel length is less than 457 millimetres (18.0 in) (regardless of overall length), or;
  • the overall length is less than 660 millimetres (26 in)
  • Firearms which have fully automatic fire capability, or "converted automatics" (i.e.: firearms which were originally fully automatic, but have been modified to discharge ammunition in a semi-automatic fashion)
  • Firearms prescribed as prohibited by the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462):.[10] This includes all versions (even semi-automatic) of certain military weapons such as the AK-47 and the FN-FAL.
  • Firearm capable of discharging dart or other object carrying electric current or substance, including Taser Public Defender and any variant or modified version of it
  • Firearm known as SSS-1 Stinger and any similar firearm designed or of a size to fit in the palm of the hand
  • Hundreds of other firearms listed by name, including any variants or modified versions. The list includes shotguns, carbines, rifles, pistols, and submachine guns.[10]
  • Firearms prescribed as prohibited by the 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)[11]

Restricted firearms
  • Any handgun that is not prohibited (handguns are prohibited if the barrel length is less than 105 millimetres (4.1 in); handguns cannot be non-restricted)[14]
  • Any firearm that is:[15]
  • not prohibited
  • that has a barrel length less than 470 millimetres (18.5 in), and
  • is capable of discharging centre-fire ammunition in a semi-automatic manner[16]
  • Any firearm that can be fired when the overall length has been reduced by folding, telescoping, or other means to less than 660 millimetres (26 in)
  • Firearms prescribed as restricted by the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462):[10]
  • The firearms of the designs commonly known as the High Standard Model 10, Series A shotgun and the High Standard Model 10, Series B shotgun, and any variants or modified versions of them.

Non-restricted
  • Firearms, other than those referred to above.

Antique guns

A category that includes several different categories of firearm designed before 1898, although not all firearms built before this cutoff date are eligible for antique classification. Guns considered antiques are not legally considered firearms, and can be purchased and owned without a PAL.[17] The following types of firearm are classified as antiques if they were both designed and manufactured before 1898:

  • All cartridge-firing long arms and handguns chambered in mostly obscure large-calibre rimfire cartridges, such as .32 Rimfire and .44 Henry. Handguns chambered for the former cartridge are considered non-restricted antiques even though .32 is otherwise a prohibited bore for pistols.
  • All single-shot cartridge-firing centrefire rifles chambered in calibres of over 8.6 millimetres (0.34 in), and all smoothbore shotgun conversions of such rifles regardless of calibre.
  • Rimfire smoothbore shotguns in calibres other than .22.
  • Centrefire cartridge handguns chambered in calibres that are no longer widely available, such as .45 Schofield.
  • All muzzleloading handguns and cap-and-ball revolvers.

The following guns are considered antiques if they were designed before 1898, regardless of manufacture date, making modern replicas free to possess:

History

PALs were introduced in Canada in 1995 as part of Bill C-68 as a replacement for the FAC (firearms acquisition certificate) system. Whereas the FAC was only required to acquire a firearm, a PAL is required to both acquire and possess firearms and to acquire ammunition. A PAL for non-restricted firearms allows its holders to acquire and possess any non-restricted firearm, while a PAL for restricted firearms (which also covers prohibited firearms to those eligible) allows the holder to acquire and possess restricted firearms.

When first implemented, the PAL also allowed the holder to acquire a cross-bow, although no licence was required to possess one. There is no longer a licensing requirement for purchasing cross-bows.

Transportation of firearms

The transportation regulations are broken down into two divisions: those for non-restricted firearms and those for restricted or prohibited firearms. These rules are laid out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. A non restricted firearm may be transported so long as it is unloaded.[18] Such a firearm does not need to be encased or trigger locked.

A restricted firearm must be disabled by use of a trigger, cable, or other locking device and locked in an opaque case.[18] An unattended non-restricted firearm left in a vehicle must be locked in the trunk or other compartment, if one is available. In order to transport restricted or prohibited firearms, an individual must obtain an authorization to transport. An ATT is generally approved only for individuals to transport a restricted or prohibited firearm to a shooting range for target practice, gun show for sale, to a gunsmith or gun shop or for a competition (e.g.: IPSC).

An authorization to carry (ATC) allows a person to carry a restricted firearm or prohibited handgun concealed (if specified as a condition of carry) and loaded. An ATC for open carry is usually only issued to employees of armoured car companies or for other limited employment reasons. In very rare situations, an ATC may be issued for protection of life, which would allow the holder to have a loaded handgun with them, or at home, without violating safe storage rules that usually require an unloaded firearm to be trigger locked and secured.

See also

References
  1. Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Licensing".
  2. "Archived copy". Archived from the original on 2011-01-04. Retrieved 2011-02-28.CS1 maint: archived copy as title (link)
  3. Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Safety Courses".
  4. "Archived copy". Archived from the original on 2011-01-05. Retrieved 2011-02-28.CS1 maint: archived copy as title (link)
  5. Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "CFSC and CRFSC Contact Information".
  6. Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Forms".
  7. "Archived copy" (PDF). Archived from the original (PDF) on 2015-09-24. Retrieved 2016-02-13.CS1 maint: archived copy as title (link)
  8. "Criminal Code". Laws.justice.gc.ca. Retrieved 2011-03-13.
  9. "Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns)". Laws.justice.gc.ca. Archived from the original on July 13, 2012. Retrieved March 13, 2011.
  10. "Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted". Laws.justice.gc.ca. Retrieved 2011-03-13.
  11. Government of Canada, Public Works and Government Services Canada (1 May 2020). "Canada Gazette, Part 2, Volume 154, Number 3: 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". gazette.gc.ca.
  12. CSAAA (PDF) https://www.csaaa.org/wp-content/uploads/2020/05/SOR2020-96-CSAAA-Legal-Opinion-re-12-gauge-shotguns.pdf. Missing or empty |title= (help)
  13. "Everything you need to know about Canada's new firearms ban | News". dailyhive.com.
  14. "Criminal Code". Laws-lois.justice.gc.ca. Retrieved May 26, 2011.
  15. "Criminal Code". Laws-lois.justice.gc.ca. Retrieved May 26, 2011.
  16. Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Classes of firearms". www.rcmp-grc.gc.ca. Retrieved March 14, 2018.
  17. "Antique and Blackpowder Firearms". NFA.ca. Retrieved 4 May 2020.
  18. Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
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