Question:
Is my gun legal in Canada? ?
2011-08-21 14:48:27 UTC
My grandfather gave me his old handgun. My grandmother bought it for him in America in the 80's or 90's. & she smuggled it across the border lol. So it's now mine since I asked for it but is it illegal? If I got a hunting license would I be able to keep it? & he lives in Ontario I live in Alberta... I don't have the gun yet. So how would I go about getting it home? I'm visiting him for Christmas. Could I not bring it on the plane? Would I have to register it in customs? Please help! Thanks a ton! & sorry I'm not sure what category to put this in... I thought the hunting category would work ?
Eight answers:
FrozenPond
2011-08-21 19:18:58 UTC
I'm not quite sure what you're saying here..you say it was smuggled across a border-but then you say you live in Alberta and he's in Ontario-then you ask about registering it "at customs" (there are no customs to clear traveling from Ontario to Alberta..)fact is,if this gun was smuggled into Canada,it doesn't matter what kind of handgun it is, it's illegal-here's why...



In order to keep this *legally* -



1) you would have to take a restricted firearms safety course,pass a test and get a "restricted" class PAL (possession and acquisition licence)



2) register the handgun.



If the gun is already in Canada ,#2 presents a problem...handgun registration has been around in Canada since 1935.This means that every handgun that entered the country legally since then has some sort of paper trail attached to it.When handguns are registered they are all traced to the point they were imported by the dealer/distributor etc...if they can't account for where the gun came from exactly this will create a big problem(and legal trouble for you).There is a "general amnesty" for people who want to, errrr are willing to register long guns(you can register them,no questions asked) -however there is no such amnesty for handguns (there has been before- a couple times-but the last one was over ten years ago)..so...If it's in Canada I recommend you KINKYMS it...keep-it-n-keep-your -mouth-shut. ..you can't take it back to the border and register it now if it's been smuggled in...unless you smuggle it back into the US lol..



On the other hand,if it's still in the US,,,,you'd have to do this...take the restricted PAL course,pass the test,get the PAL..go to the US,get the gun.You'll have to register it BEFORE you return to Canada because you'll need an ATT (authorization to transport) to get it from the Customs location to your residence.Provided the gun is not on a banned list this is possible...make sure the magazine isn't capable of holding more than 10 rounds (handguns aren't banned based on magazine capacity-only the magazines are illegal-you can buy "pinned" mags here for most handguns.



Don't try and take the gun on an airplane in your luggage.
2011-08-21 15:46:17 UTC
Soviet Sammach makes a good point - is it one of the models or similar to one that is banned?



The problem I think you will have - there are several 'unwritten' Canadian gun laws.- especially when dealing with Canadian Customs. If you are unlucky enough to run across a Canadian Customs official who does not approve of guns - you can be in for a difficult time, even if you have all your paperwork in order.



My advice to you - find out what make and model this pistol is - and then walk into a local gun shop and ask about buying that make/model........ and get the permit and buying process started. This should allow you to get familiar with all the laws - without giving up any info on your grandpa's gun.



Most all of the Canadian laws on guns are now online. Just be careful! The less you divulge to anyone - the better.



If it does turn out the model is banned, or, you are not allowed to have it for what ever reason........ keep in mind you can still disassemble it and sell the parts off. Just destroy the part that has the serial number on it - because that is the part that is considered a 'gun'.
Soviet Sammich
2011-08-21 15:08:56 UTC
First off we need to know what it is and how big the magazine is.



AA Arms AP-9 auto-pistol and AP-9, Target AP-9 and Mini AP-9 pistols

Bushmaster auto-pistol

Calico M-950 auto-pistol and M-110 pistol

Claridge Hi-Tec Models S, L, T, ZL-9 and ZT-9 pistols

Cobray M10, M11, and RPB M10/M11/SM10/SM11 and SWD M10/M11/SM10/SM11 pistols

CZ Skorpion auto-pistol

Encom MK-IV, MP-9 and MP-45 assault pistols, including MP-9, MP-45 mini pistols

Federal XP-450, XP-900 auto-pistols

Goncz High-Tech long pistol

Grendel P-30, P-30M, P-30L and P-31 pistols

Heckler&Koch SP89 auto-pistol

Ingram M10, M11 pistols

Interdynamics KG-99 assault pistol

Intratec Tec-9, Tec-9S, Tec-9M and Tec-9MS auto-pistols (as well as any semi-automatic variant including Tec-DC9, Tec-DC9M, Tec-9A, Tec-Scorpion, Tec-22T and Tec-22TN)

Iver Johnson Enforcer Model 3000 auto-pistol

Kimel Industries AP-9 pistol

Leader Mark5 auto-pistol

Maadi Griffin pistol

OA-93 assault pistol

Patriot pistol

Partisan Avenger auto-pistol

Spectre auto-pistol

Sterling MK6 carbine

Steyr SPP auto-pistol

Sterling Mk7, Mk7 C4 and Mk7 C8 pistols

US Arms PMAIP assault pistol

UZI, Micro-UZI pistols

XM231S pistol and A1, A2, A3 Flattop pistols



That is the list of prohibited pistols in Canada, if it is any of those then no you cannot have it. If the magazine capacity is more than 10 rounds it is illegal. If it is a .25 or .32 it is illegal. Also if the barrel is less than 4.1 inches. Ultimately to avoid trouble you need to go to the police and tell them this. As for the license, a hunting license does not cut it . Too have practically any gun in Canada you need a PAL.
2011-08-21 16:04:27 UTC
Just don't talk about it. The Canadian government has their own version of the Patriot Act intact with a lot less regulation. They can and WILL search/arrest the persons involved. I could even bring up news articles on this subject. Simply just keep it under tabs.
2016-05-14 20:54:19 UTC
This information is straight from the Royal Canadian Mounted Police website. Under Category 3, it is ILLEGAL to possess replica guns, as they are classified as prohibited devices. To own a replica, it must be plastic or brightly-colored or be a scaled-down version. Anything that I missed, check this website I provided:
lana_sands
2011-08-21 15:08:26 UTC
Without detail on the gun, it's hard to say. The fact it needed to be smuggled does make me say no.
2011-08-21 18:34:16 UTC
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/rp-eng.htm
ironplow (Reborn)
2011-08-21 14:51:56 UTC
i doubt its legal... what kind is it?


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