Parliamentary Committee Notes: National Handgun “Freeze”
Proposed Response:
- Bill C-21 represents the most significant changes to gun control legislation in more than 40 years.
- The Bill includes restrictions (freeze) on handguns to prevent most individuals from transferring handguns and acquiring or importing new handguns in or into Canada.
- Ending the growth in the domestic supply of handguns will make Canadians safer.
- It is a step forward in reducing handgun related violence.
- We cannot wait to take action. That’s why we implemented regulations on October 21, 2022 to prevent individuals from acquiring or importing new handguns.
- Current handgun owners can continue to use their handguns, but are not authorized to acquire or import new handguns or transfer them to others.
- Licenced manufacturers are able to continue producing and exporting handguns, and businesses can continue to sell handguns to authorized businesses and exempted individuals. Exemptions include employment protection of life and elite athlete training, competing or coaching in handgun disciplines recognized by the International Olympic and Paralympic Committees.
- Should the Bill receive Royal Assent, these regulations would be codified in statute, protecting Canadians now and in the future.
Backgound:
Research shows the availability of firearms in developed countries and the incidence of firearm crimes, violence and misuse are correlated. In Canada, as of 2020 firearm-related violent crimes, including gang homicides, were committed with handguns 54 per cent of the time. Handguns were used in approximately 70 per cent of firearm-related crime in urban areas, and 23 per cent in rural areas. Further restricting handgun accessibility is expected to have positive outcomes in these areas.
There are about 276,000 individuals who own 1 million of the 1.1 million handguns in Canada. This has been an increase of 74 per cent since 2010 and between 2010 and 2020, an estimated 45,000 to 55,000 handguns were registered each year. On average, 48,000 handgun transfers to individuals occur each year through new sales from businesses and second-hand sales from other licensed owners. As of 2020, the highest handgun ownership rates were found in Ontario (36 per cent), Alberta (19 per cent), British Columbia (18 per cent) and Quebec (10 per cent).
There are more urban than rural handgun owners. Individuals who live in urban areas own 70 per cent of registered handguns (however, the per capita rate of handgun ownership is higher in rural areas). Saskatchewan, Nova Scotia, Alberta and Newfoundland and Labrador have almost equal registration rates in urban and rural areas, whereas Ontario, Prince Edward Island and British Columbia have higher urban registration rates at 80 per cent.
All handguns in Canada are classified as restricted or prohibited, and all firearms in these classifications must be registered. Registration certificates identify the firearms and link them to their owners. When an individual buys a second-hand restricted or prohibited firearm from a licensed owner, the owner must register that transfer and, if the transfer is approved, a new registration certificate is issued to the new owner. Bill C-21 would limit the registration and transfer of handguns to certain groups.
Preventing handgun transfers
To address the prevalence of handguns in Canadian society and cap the growth of privately owned handguns, Bill C-21 would amend the Firearms Act to restrict the issuance to individuals of registration certificates for handguns, other than to individuals who qualify for an exemption. An individual would be unable to acquire an Authorization to Transport a handgun from a port of entry unless the individual already held a registration certificate for that handgun, the individual was a non-resident non-licencee who is entering Canada with a handgun for the purpose of attending a shooting competition in Canada, or in transit through Canada en route to another destination outside of Canada.
In support of the handgun restrictions proposed in Bill C-21, the Government passed regulations to freeze the market and prevent individuals from acquiring or importing new handguns. These regulations apply the same measures as those proposed in Bill C-21 to prohibit CFOs from authorizing handgun transfers except in the case of individuals who qualify for specified exemptions, as well as prohibiting the issuance of an Authorization to Transport a handgun from a port of entry unless the individual already has a registration certificate for that handgun. These regulations came into force on October 21, 2022.
Several exemptions apply. First, businesses may transfer handguns to other businesses, such as armoured car carriers and movie/entertainment businesses, law enforcement and defence personnel, and exempted individuals. Exempted individuals include those with an Authorization to Carry restricted or prohibited firearms, including those who carry firearms for their lawful profession, those who use them in the context of trapping, and a very small number of people who use them for protection of life (where police are too far away or unable to provide protection and the person is in demonstrable danger). Also exempted are elite sport shooters who are training for, competing in, or coaching handgun disciplines that are recognized by the International Olympic and Paralympic Committees.
International import certificates for restricted handguns will normally be denied by the Minister, unless for one of the following end uses:
- a) police, military, law enforcement/security services
- b) movie/theatrical
- c) to protect the life of an individual or other individuals pursuant to an Authorization to Carry issued by a Chief Firearms Officer under section 20(a) of the Firearms Act;
- d) for use in connection with his or her lawful profession or occupation pursuant to an Authorization to Carry issued by a Chief Firearms Officer under section 20(b) of the Firearms Act; or,
- e) to train, compete or coach in a handgun shooting discipline that is on the programme of the International Olympic Committee or the International Paralympic Committee and the individual provides a letter to a Chief Firearms Officer from a provincial or national sport shooting governing body.
With handguns being unavailable for purchase or for importation by most Canadians, the measures in the proposed bill would halt the growth in the number of domestic lawful handguns in Canada.
Existing handguns
Individuals who possessed handguns prior to the enactment of the freeze would continue to possess their handguns. They would also be authorized to continue to use these firearms for the purposes of collecting and target shooting. They could not transfer them, however, unless it is to an exempted individual or a business. Domestic manufacturers could continue to produce and export handguns.
Individuals and businesses who possess a registration certificate for their handgun prior to the coming into force of the regulations and Royal Assent of Bill C-21 will be granted an import and export permit to allow them to exit and enter Canada so long as the handgun which the individual or business is bring back is the same handgun for which a registration certificate already exists.
Contacts:
Prepared by: [REDACTED], Senior Policy Advisor, Firearms Policy Division, Crime Prevention Branch, [REDACTED]
Approved by: Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167
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