25. What is "restricted" in Canada?
Description
This article is from the can.talk.guns FAQ, by Skeeter Abell-Smith ab133@sfn.saskatoon.sk.ca with numerous contributions by others.
25. What is "restricted" in Canada?
The following is a list of firearms restricted in Canada. Restricted
firearms can normally not be used for "hunting or sporting purposes".
PLEASE NOTE: This list is probably not complete.
The current law (as modified in 1991 by C-17) states that the federal
government can restrict firearms not "reasonable" for "hunting or
sporting purposes" ("in the opinion of the Governor in Council").
Further, firearms not commonly used for "hunting or sporting purposes"
may be prohibited. Even under C-17, the gov't simply needs to restrict
firearms until they are "not commonly used", and _then_ prohibit them.
Of course, under the new C-68, the government can ban any thing the
"Governor in Council" thinks is not "reasonable for use in Canada for
hunting or sporting purposes".
"Restricted weapon" means
(a) any firearm, not being a prohibited weapon, designed, altered
or intended to be aimed and fired by the action of one hand,
(b) any firearm that
(i) is not a prohibited weapon, has a barrel that is less
than 470 mm in length and is capable of discharging centre-fire
ammunition in a semi-automatic manner, or
(ii) is designed or adapted to be fired when reduced to a
length of less than 660 mm by folding, telescoping or otherwise,
or
(c) any firearm that is designed, altered or intended to fire
bullets in rapid succession during one pressure of the trigger and
that, on January 1 , 1978, was registered as a restricted weapon
and formed part of a gun collection in Canada of a genuine gun
collector, (c.1) any firearm that is assembled or designed and
manufactured with the capability of firing projectiles in rapid
succession with one pressure of the trigger, to the extent that
(i) the firearm is altered to fire only one projectile with one
such pressure,
(ii) on October 1 , 1992, the firearm was registered as a
restricted weapon, or an application for a registration certificate
was made to a local registrar of firearms in respect of the firearm,
and the firearm formed part of a gun collection in Canada of a
genuine gun collector, and
(iii) subsections 109(4.1) and (4.2) were complied with in
respect of that firearm, or
(d) a weapon of any kind, not being a prohibited weapon or a shotgun
or rifle of a kind that, in the opinion of the Governor in Council,
is reasonable for use in Canada for hunting or sporting purposes,
that is declared by order of the Governor in Council to be a
restricted weapon.
[Section 85, Part III, Criminal Code of Canada]
Additionally, the following firearms are classified as restricted by
Order in Council:
- High Standard Model 10, Series A shotgun and High Standard Model 10,
Series B shotgun, and any variants or modified versions thereof, other
than firearms described in the definition of "prohibited weapon"
- M-16 rifle, and variants, including Colt AR-15, Colt AR-15 SPI, Colt
AR-15 Sporter, Colt AR-15 Collapsible Stock Model, Colt AR-15 A2, Colt
AR-15 A2 Carbine, Colt AR-15 A2 Government Model Rifle, Colt AR-15 A2
Government Model Target Rifle, Colt AR-15 A2 Government Model Carbine,
Colt AR-15 A2 Sporter II, Colt AR-15 A2 H-BAR, Colt AR-15 A2 Delta
H-BAR, Colt AR-15 A2 Delta H-BAR Match, Colt AR-15 9mm Carbine,
Armalite AR-15, AAI M15, AP74, EAC J-15, PWA Commando, SGW XM15A, SGW
CAR-AR, SWD AR-15, and any 22-calibre rimfire variant, including the
Mitchell M-16A-1/22, Mitchell M-16/22, Mitchell CAR-15/22, and AP74
Auto Rifle.
The following weapons shall be deemed not to be firearms:
(a) an antique firearm unless
(i) but for this subsection, it would be a restricted weapon, and
(ii) the person in possession thereof intends to discharge it,
(b) any device designed, and intended by the person in
possession thereof, for use exclusively for
(i) signalling, notifying of distress or firing stud
cartridges, explosive-driven rivets or similar industrial
ammunition, or
(ii) firing blank cartridges;
(c) any shooting device designed, and intended by the person in
possession thereof, for use exclusively for
(i) slaughtering of domestic animals,
(ii) tranquilizing animals, or
(iii) discharging projectiles with lines attached thereto; and
(d) any other barrelled weapon where it is proved that that weapon
is not designed or adapted to discharge a shot, bullet or other
projectile at a muzzle velocity exceeding 152.4 m per second or to
discharge a shot, bullet or other projectile that is designed or
adapted to attain a velocity exceeding 152.4 m per second.
[Section 85, Part III, Criminal Code of Canada]
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