Firearms Flashcards
Tariff Item 9898
The importation and exportation of firearms, weapons and prohibited devices is regulated by tariff 9898
Where can policies and procedures be found relating to firearms
- D19-13-2
- the customs tariff
- criminal code
- firearms act
- the export and import permits act (EIPA)
- SOP for the importation of firearms
Calibre of a firearm
Interior diameter of its barrel or bore
- it also refers to the numerical “name” of the ammunition used in that firearm
Barrel length
Revolver - from muzzle to the breech end immediately in front of the cylinder.
Other firearms - from muzzle up to and including the chamber but not including length of any other component part or accessory including those that suppress the muzzle flash or recoil.
Barrel length in inches
105mm - 4 1/8 inches
457 - 18 inches
470 - 18 1/2 inches
660 - 26 inches
Muzzle velocity
Speed of projectile at the instant it leaves the muzzle of a gun
- normally expressed in m/s or fps.
Muzzle velocity in fps from m/s
152.4 m/s = 500 fps
111.6 m/s = 366 fps
Muzzle energy
Energy of a projectile at the instant it leaves the muzzle
- expressed in joules or foot-pounds
Muzzle energy in foot-pounds
5.7 joules = 4.2 foot-pounds
Regulated firearms
Strictly those firearms that are regulated by the law and not considered unregulated firearms
All Regulated Firearms belong to one of 3 classes
- Prohibited
- Restricted
- Non restricted
Prohibited firearms
A) handgun that
- has a barrel = to or less than 105mm in length
- is designed or adapted to discharge a .25 or .32 calibre cartridge.
B) a firearm that is adapted from a rifle or shotgun whether by:
- sawing, cutting, or any other alteration and that is as so adapted:
- Is less then 660 mm in length or
- Is 660 mm or more in lengthy and has a barrel less than 457 mm in length
C) an automatic firearm
- whether or not it has been altered to discharge only one projectile with one pressure of the trigger
D) any other firearm that is prescribed to be a prohibited firearm
Restricted firearm
A) a handgun that is not a prohibited handgun
B) a firearm and that
1. Is not a prohibited firearm
2. Has a barrel less than 479 mm in length AND
3. Is capable if discharging centre-five ammunition in a semi-automatic manner
C) a firearm that is designed for adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise
OR
D) a firearm of any other kind that is prescribed to be a restricted firearm
Non-restricted firearm
A firearm that is neither prohibited nor a restricted firearm
Includes
A) semi automatic rifles and shotguns that have barrels that are at least 470 mm long, and do not otherwise fall into a restricted or prohibited category AND
B) single shot or manual repeating rifles and shotguns of any length, as long as
- they are not designed or adapted to be fired a when reduced to a length less than 660 mm by folding, telescoping or other means.
Assault style firearms
- reclassified May 1, 2020
9 principle models of assault style firearms are prohibited as they:
- Have a semi automatic action with sustained rapid fire capability (tactical/military design with a large magazine capacity)
- Are of modern design; AND
- Are present in large volumes in the Canadian market.
2 new categories of firearms that exceed safe civilian use are also included in the prohibited
Physical attributes
- a 20 mm bore or greater (eg. grenade launcher) and,
- the capacity to discharge a projectile with a muzzle energy greater than 10,000 joules (eg. a 50 calibre BMG)
Full list of effected firearms by the reclassification found using
Atlas
Search OBI-2021-044
Unregulated firearms
Are those objects while falling under the definition of firearms in the CRIMINAL CODE are exempt from specific legal requirements
Of the firearms act and it’s regulations. They do not fall under tariff 9898 and are generally admissible into Canada.
List of UN-REGULATED FIRE ARMS
- Antique firearms
- Devices designed specifically for signalling, notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive driven rivers or other industrial projectiles.
- Shooting devices designed exclusively for slaughtering domestic animals, tranquilizers animals, or discharging projectiles with lines attached to them
- Air guns and other barrelled weapons designed to have a muzzle velocity of 152.4 m/s or less and/or a muzzle energy if 5.7 joules or less
Antique firearm
- manufactured before 1898
- designed to discharge run-fire or centre-fire ammunition
- that has no been redesigned to discharge such ammunition
- or any firearm that is prescribed to be an antique firearm
Antique fire arm importation
A Canadian resident or visito can import under criminal code and regulations.
- not necessary to register antique firearms and no license needed.
Black powder reproductions of flintlock, wheel-lock or matchlock firearms manufactured after 1897 other than handguns are prescribed as antique in the Criminal code regulations.
Not considered antiques
Percussion cap long guns and muzzle loading black powder handguns made after 1898
- even if they are copies of earlier antique mode. They will require a license and if a handgun (registration)
Air guns that are regulated firearms
Air guns with both
-a muzzle velocity greater than 152.4 m/s and a muzzle energy greater then 5.7 joules.
Both standard must be met to be considered as firearms under the firearms act
High powered AIR RIFLES
Classified as non-restricted firearms
High powered air PISTOLS
-classified as restricted firearms if barrel is longer than 105 mm
or PROHIBITED FOREARMS
IF
- their barrel length us 105 mm or less
Air guns deemed to be unregulated firearms for certain purposes of the Criminal Code and the fire arms act
- Air guns that have a muzzle velocity of less than 152.4 m/s and over 71.4 m/s with with a .177 (4.5 mm) metal pellet.
Exempt from some requirements under the firearms acts
- lincensing
- registration
- and penalties set out in the Criminal Code
- specific safe storage, transportation and handling requirements set out in the regulations supporting the FIREARMS ACT.
Air guns that are not firearms
- not powerful enough to cause bodily serious injuries or death
- designed to resemble a real firearm with near precision
Replica firearms (other then of antiques) are classified as prohibited
Air guns that are not Firearms
- air-soft guns
- low muzzle velocity and energy
- discharge projectiles made out of a substance such a as plastic or wax rather than metal or lead
- firing a 20g, 6mm plastic pellet below 111.6 m/s are not firearms.
Air guns that are neither Firearms nor Replicas
Not powerful enough to be classified as firearms and do not resemble closely enough to be considered a replica firearm.
- these are unregulated and admissible.
Weapons
A weapon is
- anything used, designed to be used or intended to be used in causing injury or death to any person
- or to threaten or intimidate any person - all fire arms are considered weapons.
Prohibited weapons
- a knife that has a blade that opens automatically by gravity or centrifugal once or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife
- any weapon other than a firearm that is prescribed to be a prohibited weapon
Criminal Code Subsection 88(1)
- it is an offence to carry or possess a weapon, prohibited or not, for a purpose dangerous to the public or for the purpose of committing an offence.
Prohibited Device
- Any component or part of a weapon, or any accessory for use with a weapon that is prescribed to be a prohibited device
- A handgun barrel that is quail to or less than 105 mm in length but not when prescribed to international sporting governed by international shooting union
- Device or contrivance designed or intended to muffle or stop the sound or report of a firearm
- Large capacity cartridge magazines prescribed by regulation
- generally, cartridge magazines are restricted to 5 rounds for centr-fire semi-automatic rifles or shotguns and 10 rounds for semi- automatic hand guns, with certain exemptions for rare and valuable magazines. - Replica firearm
Replica Firearm
Any device designed or intended to exactly resemble or to resemble with near precision a firearm, and that itself is not a firearm
- but does not include any such device that is designed or intended to exactly resemble or to resemble with near precision any antique firearm.
3 requirements for a device to be a replica
- It must be designed to exactly resemble or to resemble with near precision, a firearm AND
- It must not itself be a firearm AND
- It must not be designed to exactly resemble or to resemble with near precision an antique firearm
May not be imported into Canada
The Many air soft guns meet the definition of a replica firearms for the purposes of the criminal code and Customs Tariff
- can be imported by business licensed to do so
Firearms Act and Tariff Item 9898 of Customs Tariff
A replica firearms is considered a promoted device and may not be imported
FRT- Firearms Reference Table
Firearms Reference Table
- developed by RCMP
- to assist law enforcement to accurately identify firearms
- establishes a standard method of describing firearms to determine legal classification
- over 25,770 records by various make and model
- with 5779 having associated images
- over 112,279 when all all records are factored in
FRT
The data application is presented in a two tiered format
- Parent (make, model, manufacturer, type, and action of a firearm.
- Child (all associate calibre/shit/barrel combinations associated with the first tier.
Form - (RCMP 5589)
Non resident firearm declaration form
- non resident without a license and in the case of a restricted firearm, a registration certificate
- must complete this form
- pay confirmation fee $25 AND
- Have the form confirmed by a BSO
- the confirmation fee is valid for 60 days
Firearms Registration Certificate
Issues for restricted and prohibited firearms registered to an applicant
- identifies the description of the firearm
- certificate number
- issue date
Upon importation
Residents are required to present
- a valid and complete registration certificate
- along with any other required documentation such as
- ATT - Authorization to Transport Form
Or if no registration certificate - BSF241 - held for 14 days
- until they are able to obtain the registration certificate
If not removed within 14 days - forfeited to customs
Customs Act - Section 12
If not removed within 14 days after day reported - forfeited to customs
They also have the option to have firearm exported or abandoning to the crown
Form RCMP 5624
Application to Register Forearms
In order to obtain a Firearm Registration Certificate
- send it to the Canadian Firearms Program.
Authorization to Carry
Allows to keep forearm on his or her person
- permits to carry restricted firearms to protect life or for occupational purposes
- only valid in the province or issuance
PAL
-Possession Acquisition License
Allows individuals to posses and acquire a particular class of firearm
ATT - Authorozation to Tansport
- controls individuals use of a restricted or prohibited firearm
- to move from place it is ordinarily kept to another place.
- obtained from their province/territory when importing or exporting
- must present and/or submit a valid paper ATT
ATT- Non-resident
Must apply before entering Canada - must present at POE
- if not - may be held on a BSF242/14 days
Until they can present the ATT
MUST MAKE BONAFIDE effort to obtain missing document
ATT - non resident - no ATT
3 options
- Export the fire arm under CBSA supervision
- Abingdon the firearm to the Crown, OR
- Obtain the applicable permits, authorozation, or certificates and present them to the CBSA to obtain release of the goods
Transporting Firearms
The rules are set out in the
- storage, display, transportation and handling of firearms by individuals Regulations.
Transporting Non-Restricted Firearms
- must be unloaded
- muzzleloaders can be kept loaded between hunting sites but
- firing cap or flint must be removed
Transporting Restricted and prohibited Fire arms
Must be unloaded
- rendered inoperable by means of a secure locking devuce
- locked in sturdy non transparent containerb
- Accompanied by an ATT
- the bolts or bolt carriers must also be removed from any automatic firearms (if removable)
Leaving any class of firearm in an unattended vehicle
- Non-Restricted and locked container (with restricted/prohibited)
- locked in trunk or similar locked compartment
- if not available- out of site inside locked vehicle
- in a remote/wilderness area- and vehicle can’t be locked
- non restricted should be unloaded and out of sight
- secured with locking device unless needed for predator control.
Non-compliance
Should a traveller be in contravention of of the transportation requirements in firearms act,
- traveller should be given the opportunity to safely ator their firearms prior to importing them
- firearms can be held for up to 14 days - until such time, the traveller may comply
Licensed Residents
- non restricted at arrival
Must present valid Canadian firearms license - PAL
Canadian Resident
- restricted at arrival
- ATT
- Firearm Registration certificate for the firearm
- Canadian Firearm license
PAL
Canadian Resident importing previously exported prohibited
- ATT
- Firearm Regustration Certificate
- Canadian firearms license
- PAL - Import permit from Global affairs Canada
-If any missing documentation
-If inconsistencies with documentation
-The fire arm itself
- The declaration and or the individual
Continues on next card
BSO will
- detain firearm and allow time to obtain proper documentation
- inform the resident to contact the Canadian firearms program to obtain necessary documentation
- take appropriate enforcement action if necessary
- allow resident to immediately export the firearm
- allow resident to Abingdon the firearm to the Crown
Licensed Residents importing a newly acquired firearm
Section 91 of criminal code
Crime to posses unregistered ristricted/prohibited firearm
Resident with valid PAL DECLARES UNREGISTERED RISTRICTED FRIEAN ACQUIRED OUTSIDE OF Canada
- inform resident that the must fill RCMP 5624 (for individual) to register with CFP - Canadian firearms program before being allowed into Canada
Individual may -
- export
- allow tone held
