Cameron Miranda
Canada has strict gun laws that prohibit carrying restricted or prohibited firearms, either openly or concealed. Civilians are generally not allowed to carry concealed weapons, with violations resulting in up to five years in prison. However, there are limited exceptions, such as authorizations for specific occupational purposes or protection of life in rare cases. Obtaining an Authorization to Carry (ATC) requires training and a background check, and concealment is permitted only if explicitly stated in the ATC conditions. These laws aim to ensure public safety and differ significantly from gun control regimes in other countries, such as the United States. Understanding and complying with Canada's concealed carry laws are crucial for both citizens and visitors to the country.
| Characteristics | Values |
|---|---|
| Who can carry concealed weapons? | On-duty police officers, members of the Canadian Forces, peace officers, and those in training to become police or peace officers are exempt from restrictions on carrying handguns. |
| Who cannot carry concealed weapons? | Civilians are generally not authorized to carry concealed weapons in Canada. |
| When is carrying a concealed weapon allowed? | When authorized for a lawful occupational purpose under the Firearms Act, such as for wilderness protection or for work in remote areas with dangerous wild animals. |
| What is required to carry a concealed weapon? | A specific license, which usually requires training in gun safety and an extensive background check. |
| What is the penalty for carrying a concealed weapon illegally? | A maximum of 2 years less a day imprisonment and/or a $5000 fine, or a maximum term of 5 years' imprisonment when proceeded by indictment. |
| What is considered a concealed weapon? | Any object that can be used to cause harm to others that is hidden from view. |
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What You'll Learn
Authorization to carry restricted firearms and handguns
In Canada, restricted or prohibited firearms generally cannot be carried either openly or concealed. However, in rare cases, individuals can obtain a permit to carry such firearms "for use in connection with his or her lawful profession or occupation". This includes individuals who work in wilderness areas with dangerous wild animals and those who defend armoured cars with cash. On very rare occasions, permits are issued for "protection of life", usually when there is an active police file and a verifiable threat, as well as police confirmation that they cannot provide adequate protection for the individual in question.
To request authorisation to carry a restricted firearm or handgun in Canada, individuals must obtain an Authorisation to Carry from the Canadian Firearm Program. This typically applies to those who need guns for work. To obtain authorisation, individuals must successfully complete training in firearms proficiency and the use of force that is appropriate for using the firearm. They must also meet the requirements for possessing a firearm, including being 18 years of age or older and passing a series of firearms safety tests.
Authorisation to Carry permits may authorise the possession of one or more restricted firearms or prohibited handguns. Individuals who are authorised to possess more than one restricted firearm or prohibited handgun are permitted to carry only one of them at a time. Additionally, the firearm must be carried in a holster and be appropriate for the circumstances in which it will be used.
Individuals who are issued an Authorisation to Carry must notify the chief firearms officer if they cease to be employed or engaged in the lawful profession or occupation, or if they change employers. They must also wear a uniform if they need the restricted firearm or prohibited handgun in certain circumstances.
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Carrying a concealed weapon
The Firearms Act, 1995 allows the issuance of an Authorisation to Carry (ATC) in limited circumstances. For example, if you need protection from wild animals while working in a remote location, you may request an ATC from the Canadian Firearms Program. However, concealment of the firearm is permitted only if it is specifically stipulated in the conditions of the ATC.
To be considered concealed, an individual must hide the weapon so that it would not be observed or come to the notice of others. The Crown must prove that the accused was carrying the weapon and that they took steps to conceal it. The offence of carrying a concealed weapon is punishable by a maximum of two years less a day of imprisonment and/or a $5000 fine. If the Crown proceeds by indictment, the offence is punishable by a maximum term of five years' imprisonment.
It is important to note that the Canadian Charter of Rights and Freedoms protects basic rights and freedoms, and it may afford a defence to the offence of carrying a concealed weapon if one's rights are violated during the investigation. Additionally, the legality of the search and the circumstances surrounding the discovery of the weapon may be key in mounting a defence against this charge.
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Lawful occupational purposes
In Canada, carrying a concealed weapon is generally prohibited. Section 90 of the Criminal Code forbids carrying a concealed weapon unless authorized for a lawful occupational purpose under the Firearms Act.
The Firearms Act of 1995 allows the issuance of an Authorization to Carry (ATC) in limited circumstances. An individual must obtain an ATC from the Canadian Firearm Program to carry a handgun or restricted long gun for a lawful occupational purpose. The concealment of the firearm is permitted only if it is specifically stipulated in the conditions of the ATC.
To obtain an ATC, individuals must complete training in firearms proficiency and the use of force, and the firearm must be appropriate for the circumstances. Additionally, individuals must notify the chief firearms officer if they cease to be employed or engaged in the lawful profession or occupation or change employers.
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Licensing and registration requirements
To obtain a license to carry a concealed weapon, applicants must undergo an extensive background check and complete training in gun safety. Minors aged 12-17 can possess non-restricted weapons if a licensed adult is responsible for them, but they must be over 18 to obtain a license themselves. Licenses are issued by the Canadian Firearm Program, and applicants must successfully complete training in firearms proficiency and the use of force, specific to the type of firearm they wish to carry.
To renew a license to carry a restricted firearm or prohibited handgun, the individual must notify the chief firearms officer if they change employers or cease to be employed or engaged in the lawful profession or occupation for which the license was granted. They must also inform the officer if their physical or mental state deteriorates to the extent that it may affect their safety or the safety of others.
In addition to federal laws, some Canadian states have specific requirements for carrying a concealed weapon. Six states and DC ban the open carry of guns in public, thirteen require a permit, and 31 allow open carry without any license or permit. Non-restricted weapons must be stored with a trigger or cable lock or locked in a secure room or container. Restricted and prohibited weapons must be both trigger/cable locked and locked in a larger room or container, or stored in a gun vault or safe.
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Storage requirements
In Canada, all firearms must be stored securely and safely. Non-restricted weapons must be stored with a trigger or cable lock or locked in a room, compartment, or container that is difficult to break into. Restricted and prohibited weapons must be secured with a trigger/cable lock and locked in a larger room or container, or locked in a vault, safe, or room specifically designed for firearm storage.
The storage requirements for firearms in Canada are stringent and must be followed by all gun owners. Non-restricted firearms, which include regular shotguns and rifles, must be locked away or secured with a trigger or cable lock. This ensures that the weapons are not easily accessible and cannot be fired accidentally or by unauthorised individuals.
For restricted and prohibited firearms, the storage requirements are even more stringent. These weapons, which typically include handguns or semi-automatic weapons, must be secured with a trigger or cable lock and stored in a dedicated firearm storage facility, such as a vault or a gun safe. This ensures that these firearms are kept securely and are not accessible to unauthorised individuals.
Additionally, automatic weapons fall under the restricted and prohibited category and have specific storage requirements. Any removable bolts must be removed and stored separately, further reducing the risk of accidental discharge or misuse.
It is important to note that handguns and most semi-automatic weapons are considered restricted or prohibited firearms in Canada. These weapons cannot be carried outside the home, either openly or concealed, without a specific license and authorisation. Even with a license, there are strict storage requirements to follow, ensuring that firearms are kept securely and safely at all times.
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Frequently asked questions
In Canada, civilians are generally not allowed to carry a concealed weapon. With few exceptions, restricted and prohibited firearms cannot be carried either openly or concealed.
Exceptions are usually made for people who need guns for work. This includes people who need protection from wild animals while working in remote locations, those who work in wilderness areas with dangerous wild animals, or those defending armoured cars with cash. In rare cases, permits are issued for "protection of life", when there is an active police file and a verifiable threat.
Violators face up to five years in prison upon conviction. The penalty may be a maximum of two years less a day of imprisonment and/or a $5000 fine if the Crown proceeds summarily.
