Now he's patronizing the FA Community.
WHAT CANADIAN GUN OWNERS NEED TO KNOW ABOUT BILL C-71
On Monday May 28, 2019, the Canadian Senate passed Bill C-71 in third reading. All amendments recommended by the Senate Committee in 2nd reading were defeated. Therefore, the Bill does not need to be sent back to the House of Commons for reconsideration. Bill C-71 received royal assent on June 21, 2019, which was the last step required to turn it into law. However, only a very limited number of its provisions are currently in effect.
Bill C-71 amends multiple sections of the Firearms Act, Criminal Code as well as other acts and regulations dealing with firearms. Its provisions will be implemented in multiple installments. A first group of provisions has come into effect immediately upon royal assent, while others will come into effect as set forth in one or multiple Orders in Council (“OIC”). In the latter case, it is likely because the implementation of certain provisions depends upon either the prior enactment of Regulations, or the availability of administrative resources.
Each Group of provisions will be dealt with separately.
GROUP 1- PROVISIONS WITH IMMEDIATE EFFECT (AS OF JUNE 21, 2019)
Group 1 provisions are those that have come into effect immediately upon royal assent of Bill C-71 on June 21, 2019.
SUMMARY OF KEY GROUP 1 PROVISIONS
Long Gun Registry Data
Many of those provisions purport to preserve the remaining data of the defunct long gun registry, a back-up copy of which had been preserved pursuant to an order from the Federal Court. Ancillary provisions enable the Canadian Government to settle the underlying litigation, and to provide the Quebec portion of said data to the Government of Quebec. In order to accomplish the latter, Bill C-71 takes away the privacy rights of the individual owners over their personal data.
Grandfathering of Prohibited Firearms
An aspect of particular interest is the addition of Subsection 12(9) to the Firearms Act. This particular provision purports to grandfather rights of owners of prohibited “firearms of a prescribed class”. In the Bill C-71 Legislative Summary, the purpose of that provision is described as follows:
“Clause 3(1) of Bill C‑71 creates a general authority for the grandfathering of individuals by way of regulation (new section 12(9) of the Firearms Act).”
The power to deem certain firearms to be prohibited by way of regulations already existed pursuant to the Criminal Code since 1998, and it has been used extensively. The enactment of Sub-section 12(9) may be a prelude to an extensive use of that regulatory power, which would allow the Government to soothe the pain of existing owners by “grandfathering their existing rights”. There are rumors that such prohibitions are imminent. Other provisions of Bill C-71 allow owners of such firearm owners to obtain authorizations to transport (“ATT”) to take such firearms to gun clubs and ranges. `
Prohibition orders
Forfeiture of seized and surrendered firearms becomes the rule, whenever a prohibition order is pronounced. A court may make an exception in appropriate circumstances. This rule applies irrespective of whether the prohibition order is mandatory, discretionary, or merely preventive.
The following table summarizes those provisions of Bill C-71
PLEASE CLICK HERE FOR MORE INFORMATION
NFA GUIDE TO C-71
https://nfa.ca/wp-content/uploads/20...06-25-2019.pdf
Summary of Key Group 3 Provisions
Eligibility to Hold a Firearms Licence
As part of the licence issuance/renewal/revocation process, chief firearms
officers (CFO) will be required to consider the entire life history of the
applicant/licence holder, as opposed the only the previous five (5) years. This
may very well be conducive to abuse, since individuals who are currently
licensed may very well be denied a renewal or see their licence revoked,
because of events that occurred in the distant past. It is also almost a certainty
that the form of licence application/renewal will be modified accordingly.
:
Group 4
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC.
Summary of Key Group 4 Provisions
Authorizations to Transport (ATT)
Existing ATTs issued as a condition attached to a licence will be revoked as set
forth in the OIC, except for the authorizations issued to restricted firearms owners
and 12(6.1) handgun owners, for the purpose of going to and from an approved
range within the licensee’s province of residence. Authorizations to transport
issued for the purpose of taking possession of a newly acquired restricted firearm
or 12(6.1) handgun are also preserved. Other ATTs, such as those enabling a
licensee to transport restricted firearms and 12(6) hand guns, to and from a gun
show or port of exit/entry, will be revoked. Individuals will be required to re-apply
for such ATTs in the traditional prescribed manner.
Group 5
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC.
Summary of Key Group 5 Provisions
Transfers of Non-restricted Firearms
There are two novelties here. First, showing one’s firearms licence upon
acquisition of a non-restricted firearm is no longer sufficient. It will now be
mandatory to verify with the Registrar (i.e. RCMP) whether the transferee’s
licence is valid and whether the transferee remains eligible to hold such licence.
If the transferee is deemed to still be eligible to hold a licence, the Registrar will
issue a “reference number”.
The latter may result in delays in getting transfers approved, since a significant
number of license holders have had their license either “suspended” or put
“under review”, albeit not officially revoked.
Obtaining a reference number is a mandatory requisite to transfer a non-
restricted firearm. Failure to observe these provisions may result in criminal
prosecution and/or revocation of a licence.
Further to the transfer, the Registrar must be notified that the transfer has been
completed. The Registrar is directed to keep records of all transfers of non-
restricted firearms. But, officially, this is not a long gun registry!
Group 6
Summary of Key Group 6 Provisions
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC, which cannot be before the provisions of
Group 5 are implemented
.
Records to be kept by Firearms Businesses
These provisions require firearms businesses to keep records of all non-
restricted firearms transactions.
See link that shows table summarizing all provisions of Bill C-71
https://nfa.ca/wp-content/uploads/20...06-25-2019.pdf
WHAT CANADIAN GUN OWNERS NEED TO KNOW ABOUT BILL C-71
On Monday May 28, 2019, the Canadian Senate passed Bill C-71 in third reading. All amendments recommended by the Senate Committee in 2nd reading were defeated. Therefore, the Bill does not need to be sent back to the House of Commons for reconsideration. Bill C-71 received royal assent on June 21, 2019, which was the last step required to turn it into law. However, only a very limited number of its provisions are currently in effect.
Bill C-71 amends multiple sections of the Firearms Act, Criminal Code as well as other acts and regulations dealing with firearms. Its provisions will be implemented in multiple installments. A first group of provisions has come into effect immediately upon royal assent, while others will come into effect as set forth in one or multiple Orders in Council (“OIC”). In the latter case, it is likely because the implementation of certain provisions depends upon either the prior enactment of Regulations, or the availability of administrative resources.
Each Group of provisions will be dealt with separately.
GROUP 1- PROVISIONS WITH IMMEDIATE EFFECT (AS OF JUNE 21, 2019)
Group 1 provisions are those that have come into effect immediately upon royal assent of Bill C-71 on June 21, 2019.
SUMMARY OF KEY GROUP 1 PROVISIONS
Long Gun Registry Data
Many of those provisions purport to preserve the remaining data of the defunct long gun registry, a back-up copy of which had been preserved pursuant to an order from the Federal Court. Ancillary provisions enable the Canadian Government to settle the underlying litigation, and to provide the Quebec portion of said data to the Government of Quebec. In order to accomplish the latter, Bill C-71 takes away the privacy rights of the individual owners over their personal data.
Grandfathering of Prohibited Firearms
An aspect of particular interest is the addition of Subsection 12(9) to the Firearms Act. This particular provision purports to grandfather rights of owners of prohibited “firearms of a prescribed class”. In the Bill C-71 Legislative Summary, the purpose of that provision is described as follows:
“Clause 3(1) of Bill C‑71 creates a general authority for the grandfathering of individuals by way of regulation (new section 12(9) of the Firearms Act).”
The power to deem certain firearms to be prohibited by way of regulations already existed pursuant to the Criminal Code since 1998, and it has been used extensively. The enactment of Sub-section 12(9) may be a prelude to an extensive use of that regulatory power, which would allow the Government to soothe the pain of existing owners by “grandfathering their existing rights”. There are rumors that such prohibitions are imminent. Other provisions of Bill C-71 allow owners of such firearm owners to obtain authorizations to transport (“ATT”) to take such firearms to gun clubs and ranges. `
Prohibition orders
Forfeiture of seized and surrendered firearms becomes the rule, whenever a prohibition order is pronounced. A court may make an exception in appropriate circumstances. This rule applies irrespective of whether the prohibition order is mandatory, discretionary, or merely preventive.
The following table summarizes those provisions of Bill C-71
PLEASE CLICK HERE FOR MORE INFORMATION
NFA GUIDE TO C-71
https://nfa.ca/wp-content/uploads/20...06-25-2019.pdf
Summary of Key Group 3 Provisions
Eligibility to Hold a Firearms Licence
As part of the licence issuance/renewal/revocation process, chief firearms
officers (CFO) will be required to consider the entire life history of the
applicant/licence holder, as opposed the only the previous five (5) years. This
may very well be conducive to abuse, since individuals who are currently
licensed may very well be denied a renewal or see their licence revoked,
because of events that occurred in the distant past. It is also almost a certainty
that the form of licence application/renewal will be modified accordingly.
:
Group 4
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC.
Summary of Key Group 4 Provisions
Authorizations to Transport (ATT)
Existing ATTs issued as a condition attached to a licence will be revoked as set
forth in the OIC, except for the authorizations issued to restricted firearms owners
and 12(6.1) handgun owners, for the purpose of going to and from an approved
range within the licensee’s province of residence. Authorizations to transport
issued for the purpose of taking possession of a newly acquired restricted firearm
or 12(6.1) handgun are also preserved. Other ATTs, such as those enabling a
licensee to transport restricted firearms and 12(6) hand guns, to and from a gun
show or port of exit/entry, will be revoked. Individuals will be required to re-apply
for such ATTs in the traditional prescribed manner.
Group 5
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC.
Summary of Key Group 5 Provisions
Transfers of Non-restricted Firearms
There are two novelties here. First, showing one’s firearms licence upon
acquisition of a non-restricted firearm is no longer sufficient. It will now be
mandatory to verify with the Registrar (i.e. RCMP) whether the transferee’s
licence is valid and whether the transferee remains eligible to hold such licence.
If the transferee is deemed to still be eligible to hold a licence, the Registrar will
issue a “reference number”.
The latter may result in delays in getting transfers approved, since a significant
number of license holders have had their license either “suspended” or put
“under review”, albeit not officially revoked.
Obtaining a reference number is a mandatory requisite to transfer a non-
restricted firearm. Failure to observe these provisions may result in criminal
prosecution and/or revocation of a licence.
Further to the transfer, the Registrar must be notified that the transfer has been
completed. The Registrar is directed to keep records of all transfers of non-
restricted firearms. But, officially, this is not a long gun registry!
Group 6
Summary of Key Group 6 Provisions
Notice to reader: These provisions will come into effect (likely simultaneously)
on a day to be fixed by OIC, which cannot be before the provisions of
Group 5 are implemented
.
Records to be kept by Firearms Businesses
These provisions require firearms businesses to keep records of all non-
restricted firearms transactions.
See link that shows table summarizing all provisions of Bill C-71
https://nfa.ca/wp-content/uploads/20...06-25-2019.pdf
