Tougher gun laws for safer communities
The number of registered handguns in Canada increased by 71 per cent between 2010 and 2020, reaching approximately 1.1 million. Handguns were the most serious weapon present in the majority of firearm-related violent crimes (59 per cent) between 2009 and 2020.
In 2018, firearms were present in over 600 intimate partner violence incidents in Canada. Victims of intimate partner violence are approximately five times more likely to be killed when a firearm is present in the home.
Below are a list of new firearms measures introduced in Bill C-21. This bill combines evidence-based policies and tougher Criminal Code penalties, among other measures, to better protect vulnerable Canadians — especially people who are vulnerable to intimate partner violence and gender-based violence, and those who are at risk of hurting themselves.
These measures are those which chiefs of police, families of survivors, doctors, and advocates have been asking us to take, and they build on the many concrete actions we have already taken.
National Freeze on Handguns
Handguns will no longer be permitted to be sold, purchased, or transferred.
Individuals that already own handguns can continue to possess and use them. However, these handguns can only be transferred to businesses/exempted individuals, or otherwise lawfully disposed of.
Businesses could continue to sell to other businesses (e.g., movie/entertainment, museums) and to exempted individuals.
Exempted individuals will be those with an Authorization to Carry (e.g., valuable goods carriers) and elite sports shooters who compete or coach in a handgun discipline recognized by the International Olympic/Paralympic Committee.
To ensure the national freeze on handguns can be implemented swiftly, the Minister of Public Safety has already tabled regulatory amendments in both the House of Commons and the Senate. These regulations will help stop the growth of personally owned handguns in Canada and are expected to come into force in Fall 2022.
Preventing Violent Individuals from Obtaining a Firearm
Firearms licences will automatically be revoked for individuals subject to a protection order (restraining orders, peace bonds) or involved in an act of domestic violence or stalking (physical, emotional, financial, sexual and other forms of abuse, and criminal harassment, as recognized by the courts).
Revocation would require disposal (e.g., sale, deactivation, surrender) of all of the individual’s firearms.
Individuals could apply for a conditional licence if they need a firearm for sustenance hunting or for their employment.
Applications for a firearms licence will be refused when an individual is, or has been, subject to a protection order.
Individuals will need to meet new criteria in order to re-apply for a licence.
A new ‘red flag’ law will allow anyone to apply to a judge for a 30-day court order to immediately remove firearms from an individual who may pose a danger to themselves or others.
Judges may also issue emergency orders to ensure that a third party does not provide firearms to an individual who is prohibited from possessing them.
A new ‘yellow flag’ law will allow the Chief Firearms Officers to temporarily suspend an individual’s firearms licence for 30 days if the CFO receives information calling into question their licence eligibility.
While suspended, the individual cannot use firearms or acquire new ones.
Licences would be immediately reinstated if the information calling into question their licence eligibility is eliminated before the 30 days have concluded.
Firearms Smuggling, Trafficking, and Illegal Activity
Smuggling and cross-border firearms crime will be futher deterred with stronger Criminal Code penalties for gun smuggling and trafficking.
We are increasing the maximum penalty for gun smuggling and trafficking from 10 years to 14 years imprisonment.
Anyone reasonably suspected of using their firearms licence for “straw purchasing” and firearms trafficking will have their licence information disclosed to Canadian law enforcement agencies.
This additional tool will help Canadian law enforcement stamp out illegal firearms transfers.
Individuals will need to present their firearms licence to import ammunition.
This measure is in place to prevent individuals without licences from obtaining ammunition from abroad (e.g. for an illegal firearm).
Anyone illegally altering a cartridge magazine to hold more than its lawful capacity will be subject to a maximum penalty of five years imprisonment.
This provision is a new Criminal Code offence.
Businesses which promote or depict violence against a person in their firearms advertising will be subject to a maximum penalty of two years imprisonment.
This provision is also a new Criminal Code offence.
To better investigate gang violence, Bill C-21 permits law enforcement to ‘wiretap’ Canadians reasonably suspected of “possession of a unauthorized firearm” (S. 92, Criminal Code), and “unauthorized possession of a loaded prohibited or restricted firearm” (S. 95, Criminal Code).
These provisions are in addition to the list of firearms and other offenses already eligible for wiretapping.
Amending Existing Firearm Regulations
Replica firearms (airguns which look like regulated firearms) will now be prohibited from import, export, and sale.
Airguns and other “firearm-like” weapons were used in 23% of firearm-related violent crime in 2020 (second-highest rate behind handguns, tied with rifles/shotguns).
Unregulated replica airguns that fire a projectile below 366 feet per second are already prohibited. This provision extends the prohibition to replica airguns which fire up to 500 feet per second.
Current owners will be allowed to keep and use those they already own, but they cannot transfer them to another person.
Manufacturers/retailers will be able to continue to sell airguns, but will need to adjust designs so they do not look like modern firearms.
Long-gun magazines must be permanently altered so they can never hold more than five rounds, and the government will ban the sale and transfer of large capacity magazines under the Criminal Code.
“Military-style” assault weapons will be automatically prohibited when they enter the market.
We are working to ensure any new weapons that fit the definition of assault-style weapon are captured.
