Federal firearms legislation and hunters

Hunters are directly affected by several provisions of the Firearms Act. For information purposes, here is a summary of the main rules concerning the firearms used for hunting under this federal statute and its regulations.

It is prohibited:

• to point, without lawful excuse, a firearm, loaded or unloaded, at another person;
• to use, carry, handle, ship or store without lawful explanation, any firearm or ammunitions in a careless manner or without reasonable precautions for the safety of other persons;
• to sell, exchange, give, transfer ownership or deliver a firearm to a person, unless that person presents, for examination, his valid possession and acquisition licence. Furthermore, he who sells or gives the arm must be the holder of a valid licence and inform the authorities of the transfer of ownership;
• to become the owner of a firearm without being the holder of a valid possession and acquisition licence. Furthermore, the new owner must register the firearm in his name;
• to lend a firearm to a person unless this person produces for scrutiny his valid possession only licence or possession and acquisition licence, authorizing him to possess this category of firearms;
• to borrow a firearm without being the holder of a possession only licence or possession and acquisition licence authorizing him to possess this category of firearms, unless under the immediate supervision of the lawful lender;
• to be in possession of a crossbow designed or modified to enable discharge using a single hand or a crossbow of a total length of less than 500 mm. Such a crossbow is considered a prohibited weapon.

According to the rules of application of the Criminal Code, certain high capacity loaders are prohibited regardless of the category of firearms to which the loader is attached. As a general rule, the maximum number of cartridges that a loader may contain is 5 cartridges for most of the loaders designed for a semi-automatic center-fire shoulder arm. There is no limit on the capacity of a charger of semi-automatic rim-fire shoulder arms or shoulder arms that are not semi-automatic.

Notwithstanding the foregoing, any person in lawful possession of a firearm may lend it to a person who does not hold a possession only licence or a possession and acquisition licence, provided that such person uses the firearm in the presence of the lawful lender or owner and under the latter's direct and immediate supervision.

To obtain a possession and acquisition licence, a person must be at least 18 years of age and prove successful completion of an approved course or test related to firearms and the safe handling and use of firearms. For more information on these courses, contact the Fédération québécoise des chasseurs et pêcheurs at 1 888 523-2863, on its Web site at address www.fedecp.qc.ca, or one of its affiliated associations. Anyone in possession of a registered firearm must also hold the firearm's registration certificate. If the firearm is borrowed, the certificate must be lent with the firearm.

To buy or receive ammunition, a person must produce his possession only licence or his possession and acquisition licence. Minors must produce a minor's licence. To obtain an application form for a possession and acquisition licence, call the Canada Firearms Centre at 1 800 731-4000. You may also get in touch with an office of the Sûreté du Québec.

A firearm can only be loaded or handled loaded when used in a location where a person is lawfully allowed to fire it.

Since January 1, 2001, a non-resident must hold a firearm licence or the 60-day possession licence to borrow a firearm without restrictions or the customs declaration in lieu of the possession licence and certificate of registration for those who enter Canada with their own firearms (fees apply).

Non-residents may purchase ammunition with these documents. Some special conditions apply when you cross the Canadian border with a firearm.

The following provisions do not apply to firearms used or handled by an individual as part of a hunting activity when the latter is legal or to an individual who is hunting in a given location on board a vehicle, when it is legal to hunt from a vehicle and at that location (See Motor vehicles, aircraft and boats, page 9).

Definition : The Storage, Display, Transportation and Handling of Firearms by Individuals Regulation defines the word "vehicle" as follows : any conveyance that is used for transportation by water, land or air. This definition also comprises non-motorized vehicles.

This brochure is only affected by this definition with respect to the following three paragraphs of this Regulation:

• Firearms must never be loaded while being transported. However, muzzle-loading firearms can be transported loaded between hunting locations if the firing cap or the flint has been removed (this rule applies to all forms of transportation, whether it be by vehicle or otherwise).
• A firearm transported in a vehicle that is not under the direct supervision of a person 18 years and older or a licence holder, must be unloaded and stored in the trunk or another similar well locked compartment. In the absence of such a compartment, the firearm must be unloaded and out of sight, and the vehicle must be securely locked.
• In remote wilderness areas, a firearm can be transported in a vehicle that does not lock and has no trunk or other similar compartment and is not under the immediate supervision of a person 18 years and older or licence holder, provided that the firearm is unloaded, out of sight and equipped with a locking safety device that prevents it from firing.

A firearm must be stored while respecting the following three points:

• the firearm must be stored unloaded and;
• the firearm must be rendered non-operational by a key or combination-operated locking safety mechanism that keeps the firearm from discharging, or made non-operational by taking off the bolt or recoil slide; or be kept in a locked container or room of strong enough construction to avoid being easily forced open. This point does not apply if the firearm is stored in a remote wilderness area and;
• the firearm must not be kept close to ammunition unless the ammunition is stored with or without the firearm in a container or compartment which are kept locked and of strong enough construction to avoid being easily forced open. This point does not apply if the firearm is stored in a remote wilderness area.

N.B.: Woodlots on the outskirts of a town or village are not considered remote wilderness areas.

When a firearm is displayed, the following conditions must be respected:

• the firearm must be unloaded and;
• the firearm must be made non-operational using a key or combination-operated locking safety mechanism that keeps the firearm from discharging or must be kept under lock and key in a container, compartment or room that cannot be easily forced open and;
• the ammunition for use with the firearm must not be placed or displayed with the firearm and must not be placed within reach.

For more information concerning legislation on firearms in general, please refer to the original text of the Firearms Act or contact the Canada Firearms Centre at 1 800 731-4000. You can also get in touch with an office of the Sûreté du Québec.

Important : Since January 1, 2003, all firearms must be registered.

The owners of such firearms must be the holder of a possession only licence, unless they are holders of a valid possession and acquisition licence.

To find out the applicable procedure and rates, please contact the Canada Firearms Centre or the Sûreté du Québec.

Safety first

Hunting is practiced with arms designed to ensure a clean kill of the game sought. These arms must be handled very carefully to reduce the risks of accident. For example, the telescope of an arm should never be used to identify a target; instead, binoculars or similar optical equipment should be used for this purpose. Remember that you must never point an arm at a person, even if he is far away. Pointing a firearm at a person may result in legal action.

An Act to protect persons with regard to activities involving firearms R.S.Q. C. P-38.0001

An Act to protect persons with regard to activities involving firearms is a new law that affects hunters. This Québec law deals, among other things, with the possession of every firearm on the properties and in the buildings of an educational institution and a childcare centre, as well as on public or school transportation, with the exception of taxis. Consequently, hunters must familiarize themselves with the content of these new legislative and regulatory provisions and make sure that they comply with them.

For more information, please contact an office of the Sûreté du Québec.