Gun Politics in Canada (Right to Bear Arms)

Gun politics in Canada (French: Politique d'armes à feu au Canada) are the legislation and policies regarding civilian ownership of firearms by the Canadian Parliament.

Although firearms were not mentioned in Canada's federal constitution or Charter. Gun culture is particularly strong in Canada (specifically in Alberta), especially with hunters - and Canada contains the second highest number of guns in North America.

Gun rights have been mostly protected by the Conservative Party, Canada's ruling political faction as well as the Libertarian Party of Canada. Although firearms are federally regulated by the Royal Canadian Mounted Police, the Constitution gives provinces the ability and freedom to opt-out and administer firearms legislation independantly. Therefore, the conservative-dominated provinces of Alberta and British Columbia and libertarian province of Manitoba have passed legislation forbidding law enforcement and the Royal Mounted Canadian Police from confiscating guns, and have passed Castle Ground laws similar to those in U.S. states such as Texas while Ontario and New Brunswick falls in between and Quebec and Nova Scotia contain stringent laws. Alberta and Manitoba also allow their citizens to open fire on police conducting unlawful seizure of their firearms, creating a conflict with the RCMP.

Civilians can apply for an Authorization to Carry, which allows them to carry a loaded firearm in public. An Authorization to Transport allows a citizen to transport their firearms to a range or a farm with permission.

Out of a population of approximately 40,000,000 people there are 15,000,000 guns in Canada, and 10,000,000 gun owners (and increasing). There are many gun rights organizations in Canada, which include the National Firearms Association which is Canada's national gun lobby. The other popular gun rights group is the Gun Defenders of North America, which is an international organization of Canadian and American gun owners and activists. There are also gun shows and shooting clubs located in tourist spots such as Niagara Falls as well as conservative-ruled provinces such as Manitoba.

History of firearm laws in Canada
Controls on civilian use of firearms date from the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause. Criminal Code of Canada (Criminal Code or Code criminel) amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid-1990s, significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun. As of December 2014, the Canadian Firearms Program recorded a total of 11,000,000 valid firearm licenses out of 40,000,000 people. The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.

The following is a summary of the history of gun control laws in Canada:
 * The federal Parliament instituted a system of gun control in the North-West Territories in 1885 to hinder the Red River Rebellion for Metis rights. Permission in writing from the territorial government was needed to possess any firearm (other than a smooth-bore shotgun), and also ammunition. Possession of a firearm or ammunition without the necessary permit was an offence, and could lead to the forfeiture of the firearm and ammunition. These gun control provisions applied to all of what is now Alberta, Saskatchewan, parts of Manitoba, the current Northwest Territories, Yukon, and Nunavut.
 * In 1812, the provincial governments of Upper Canada and Lower Canada arm citizens to protect against American invasions from the south
 * The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
 * In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
 * Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial attorneys general.
 * Automatic firearms were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
 * In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” firearms. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that firearms that belonged to an individual endangered the safety of society.
 * In 1977, Bill C-51 required firearms acquisition certificates (FACs) to purchase any firearm, and introduced controls on the selling of ammunition. Applicants were required to pass a basic criminal record check before receiving the FAC.
 * In 1991, Bill C-17 was introduced, coming into force between 1992 and 1994. It required FAC applicants to pass a safety course in addition to a thorough background check, and to wait a minimum of 28 days after applying before an FAC could be issued. It also created new Criminal Code offences, new definitions for prohibited and restricted weapons, and new regulations for firearms dealers. It increased penalties for firearm-related crimes. It clearly outlined regulations for firearms storage, handling and transportation.
 * In 1995, the Criminal Code was amended to include Bill C-68, the Firearms Act. It implemented a new central licensing system to replace the FAC system. It also required registration of all firearms and firearm license holders; banned short-barreled and small caliber handguns ("grandfathering" in previous owners); and required a license to buy ammunition. Most of the bills provisions came into force in 1998, and the registration of long guns became mandatory in 2003. Legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with possession-only licenses (POLs) and possession and acquisition licenses (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was part of a policy exercise by the Liberal Party of Canada so as to appear to be "tougher" on guns than Prime Minister Kim Campbell, and thus defeat her in the 1993 election.
 * In 2001, the Canadian Parliament takes a pro-gun stance from support by the Conservative Party.
 * In 2005, the government weakens its firearms legislation - and considers and recognizes guns and firearms to be legal property in Canada - and begins to protect the rights of Canadians to own guns.
 * As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2011) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.
 * In 2008, self-defense use with a firearm becomes a legal right for Canadian citizens.
 * In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would have abolished the requirement to register non-restricted long guns. While the proposed legislation was a private member's bill, it had the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. In September 2010 Bill C-391 failed to pass a third reading.
 * On October 25, 2011, Public Safety Minister Vic Toews introduced a bill to amend the Criminal Code and the Firearms Act, to abolish the long gun registry and destroy all records.
 * On February 15, 2012, Bill C-19 passed third reading in the House of Commons; the motion to abolish the long gun registry passed 159 to 130 and Bill C-19 became law.
 * On July 4, 2013 - Alberta, Manitoba and British Columbia pass "castle ground" laws
 * On September 13, 2014 - Steven Harper and the Canadian Parliament recognizes firearms as a constitutional right in Canada under the "Right to Property"

Classifications
According to licenses, firearms are classified into prohibited, restricted and non-restricted categories, as defined by Part III of Criminal Code (R.S., 1985, c. C-46) Note: The word "prohibited" is a classification and does not indicate that such firearms are "prohibited" as per the normal use of the word.

Prohibited firearms include:
 * Handguns
 * with a barrel length inferior to 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


 * Rifles and shotguns that have been altered by sawing, cutting or any other means, so that:
 * the barrel length is inferior to (regardless of overall length), or;
 * the overall length is inferior to


 * 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 an 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):. This includes all versions (even semi-automatic) versions of certain military weapons such as the AK-47 and the FN-FAL.
 * Firearm capable of discharging dart or other object carrying electrical 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.

Restricted firearms are:
 * Any handgun that is not prohibited (note: handguns are prohibited if the barrel length is inferior to handguns cannot be non-restricted)
 * Any firearm that is:
 * not prohibited;
 * that has a barrel length inferior to 470 millimetres (18.5 in)
 * and is semi-automatic


 * Any firearm that can be fired when the overall length has been reduced by folding, telescoping, or other means to less than
 * 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):
 * 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.
 * The firearm of the design commonly known as the M-16 rifle, and any variant or modified version of it, including the
 * Colt AR-15; Colt AR-15 SPI/Sporter/Collapsible Stock Model/A2/A2 Carbine/A2 Government Model Rifle/A2 Government Model Target Rifle/A2 Government Model Carbine/A2 Sporter II/A2 H-BAR/A2 Delta H-BAR/A2 Delta H-BAR Match/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.

(Note: legally, restricted firearms can only be discharged at shooting ranges; so while one can use them in competitions, one cannot use them for hunting).

Non-restricted firearms are:
 * any other rifle or shotgun, other than those referred to above.

Possession and Acquisition License
In order to purchase any firearm in Canada, a person must have a Possession and Acquisition License, or a PAL. A PAL is not difficult to attain. In order to apply for a PAL, a person can go to a gun store, or go to a police station and fill out a PAL. In Alberta, Manitoba and British Columbia, a PAL is a "shall issue" and is most of the time, is immedietly granted on the same day as the person applying. While in Ontario and Quebec, there is a mandatory 28-day waiting period.

Authorization to Transport
An Authorization to Transport or ATT is required for a person to transport their firearm to a gun range or a gun show at minimum. Depending on the province, an ATT may also allow a person to bring their firearms to a farm for target shooting. It may also allow a person to make pit stops with the firearm in their car, loaded or unloaded while in provinces such as Quebec or Ontario, it must be unloaded, locked, and directly to a range.

Authorization to Carry
An Authorization to Carry, or ATC; a license that allows Canadians to carry a loaded firearm in the public or at home.

Laws by Province
Though firearms are regulated and federally controlled by the RCMP, the passage of Bill C-43 had allowed provinces to establish their own gun laws. The RCMP simply provides a framework of laws regarding licensing of firearms.

Alberta
As Conservatism in Alberta began to adopt elements of American conservatism (such as anti-monarchy sentiments and rejection of royalty), Albertans began embracing less-restricted gun ownership. In 2014, Alberta succesfully opted-out of the Canadian Firearms Program and chose to independently administer firearms legislation. This coincided with the political split between the Conservative Party and its Alberta members, who formed the Alberta Conservative Party and the Alberta Democratic Party (with no political ties to the New Democratic Party, a center-left party) and the installation of Alberta Conservative premier Joseph Mackenzie. In Section Three of Alberta's Provincial Charter, it states, "The ability to take up arms against all harm to life, liberty and property cannot be violated". Alberta, being Canada's main center of Conservative and Christian right politics, contains a strong gun culture. After a series of provincial court rulings, Alberta began adopting Stand Your Ground and Castle doctrine laws, allowing citizens to use firearms in defense of property and life without legal prosecution. After the Alberta flood seizure of thousands of legally-stored firearms, Alberta's premier passed a new law giving Alberta's inhabitants the legal right to open fire on law enforcement trying to seize their firearms without a lawful warrant. While Authorization to Transport (ATTs) are issued in Alberta, they are not required to transport firearms to a gun range or a farm. As for Authorization to Carry, Alberta is a "shall issue" province, given to that applicant does not have any mental illness. Assault rifles do not require registration in Alberta. No license is required to purchase ammunition in Alberta. Because of these laws, Alberta often recieves lots of political scrutiny from Liberals and other mainstream Canadian politicians. Some Canadians have suggested and lobbied for the RCMP to begin using deadly force if Alberta did not stop loosening gun laws. Firearms in Alberta are managed and regulated by the Alberta Firearms Department (AFD) of the Alberta Provincial Police. Alberta hosts many gun and knife shows in Canada, and gun ownership is estimated to be at 63% in Alberta.

British Columbia
British Columbia's gun laws are identical to Alberta's, Section Five of British Columbia's Provincial Charter guarantees the right to bear arms. Like Alberta, British Columbia's inhabitants are granted Castle doctrine rights and are legally allowed to open fire on law enforcement conducting any seizures without a reasonable warrant. Some of British Columbia's towns encourage people to keep loaded firearms within the home. British Columbia has a "shall issue" for applicants for an Authorization to Carry. Assault rifles do not require registration. Unlike Alberta, British Columbia wishes to keep working with the RCMP. Firearms in British Columbia are regulated by the British Columbia Firearms Bureau (BCFB), which is shared between the RCMP and the British Columbia Royal Police. According to statistics, British Columbia has a 57% gun ownership rate, while others estimate at 63% at most.

Manitoba
Manitoba's Libertarian-dominated politicians began adopting Alberta and British Columbia's laws. Premier Stewie Rivers stated that he came from a gun-owning family, that was persecuted by the RCMP. As part of Section Ten of Manitoba's Provincial Charter, citizens are guaranteed the Right to Bear Arms. Citizens are allowed to carry loaded rifles in their trucks, and can also shoot their guns at not only a gun range, but also a farm. Rivers even proposed a law that would abolish the requirement to attain a Possession and Acquisition License, and would allow people to buy non-restricted firearms without any registration or licensing. It would also allow people to target-shoot in their own homes within reasonable permission. However this proposal was struck down in court. Manitoba is a "shall issue" for Authorization to Carry licenses. Assault rifles are not required registration. Manitoba ia currently in a process of opting out of the Canadian Firearms Program.

Ontario
Ontario has generally strict laws. Firearms are not mentioned in Ontario's Provincial Charter. Therefore, there is no "right to bear arms" in Ontario. The province is a strong supporter and long-time member of the Canadian Firearms Program. All firearms legislations and licensing on Ontario are controlled by the RCMP. Paradoxically, the RCMP does not provide policing services in Ontario. One must state a legitimate reason for owning a firearm, those include hunting, target-shooting or collecting. Self-defense is not considered a legal reason. Background checks and third-party references are required for a PAL, and there is mandatory 28-day waiting period, and can take as much as 60 days to get to the point of actually being able to purchase a firearm. There is no Castle Doctrine law, and self defense with a firearm is severely restricted, and is only considered legitimate if the attacker was equally armed (as limited self defense is protected by the Criminal Code). An ATT is definitely required to transport a firearm, and that firearm can only be transported to a gun range, border crossing, a gun show or a change of address. Firearms must also be stored when not used, and separated from the ammunition. Gun rights has been an issue in Ontario, and because of its Liberal-dominated government, gun owners in Ontario had struggled, arguing that the province's gun laws are too strict and that it is hypocritical to give the RCMP control of firearms legislation when they don't provide police services. Gun culture is particularly strong in northern and rural parts of Ontario, and ranks fourth place in gun ownership. Ontario is a "may issue" when it comes to Authorization to Carry and is for the most-part, only issued to applicants with firearms as part of their career. This would include law enforcement groups, security groups, and those who handle valuables. It may also be issued to a citizen as long as it can he proven that he or she lives in area where police protection is insufficient. Applicants reported only a 19% approval rate for Authorization to Carry licenses. Assault rifles are required to be registered in Ontario. In Ontario, firearms can only be used at a shooting range, not even in farms with the one exception of pest control. Ontario is home to many gun control organizations in Canada. The Coalition for Gun Control's headquarters are located in Toronto. However its also been a hotbed of debates and battles between gun control and gun rights activists. Because of Ontario's population, gun rights activists have pointed that Ontario may have as much or even more gun owners than Alberta.

Quebec
Quebec is notorious for its very stringent gun laws, and the political and social momentum in the province overwhelmingly favors strict gun control. Like Ontario, the "right to bear arms" is not in Quebec's Provincial Charter, and all gun owners in Quebec must adhere to the laws. While the RCMP is no longer requiring registration of long guns (abolished in 2012), this is being contested in Quebec and the provincial government still asks for registration, and the move to register non-restricted firearms failed. Quebec's politicians argue that it is a violation of Quebec's constitutional-provincial right to administer firearms legislation, but they had given control of firearms legislation to the RCMP and therefore must adhere to their rulings. There has even been talks of raising the minimum age for gun buyers from 18 to 21, however it was struck down by the provincial court. The RCMP also faces a paradoxical situation in Quebec, in that it does not provide policing services in the province, yet controls all of Quebec's firearms legislations. All restricted and prohibited firearms are registered, with no exceptions. An ATT is required to transport any unloaded firearm to a gun show or a range. An Authorization to Carry is a very restricted "may issue" in Quebec, and is rarely ever granted to normal citizens. An ATC is only granted to members of law enforcement, armored vehicle personnel, hunters living in remote areas where police protection is not properly provided. As for self-defense with a firearm, citizens are not legally allowed to open fire on unarmed intruders and must call the police. The only time it is ever allowed is the intruder was armed, and the victim can prove that he had intended to cause threat to the person's life, via the provisions stated in the Criminal Code. In Quebec, guns can only be used at a shooting range.

Nova Scotia
Nova Scotia has very strict laws as well, and the requirements for attaining a PAL are same as Ontario and Quebec's. ATCs are never issued to ordinary citizens, and only will ever be issued to those with firearms as part of their careers such as law enforcement, as well as veterans of the armed forces. It is illegal to use firearms against intruders, only unless they are armed.

New Brunswick
New Brunswick is known as a "tweener" when it comes to gun laws. While the province generally follows restrictive storage and transportation laws, while self defense is legal with a firearm. Authorization to Carry in New Brunswick is a "may issue", but ordinary citizens have reported some success of being able to acquire one.