Bill C-71: The Law's Impending Implementation

Bill C-71 is a Canadian law that targets licensed gun owners and businesses. It was introduced by the Liberal Party of Canada to the House of Commons on March 20, 2018, and officially became law on June 21, 2019, with most clauses set to come into force later. The bill aims to reduce gun violence and keep Canadians safe by enhancing background checks, mandating record-keeping for firearms sales, and making adjustments to the authorization to transport (ATT) regime. The bill has faced opposition from gun rights advocates, who argue that it will not effectively reduce gun-related crimes. However, gun control advocates support the bill as a prudent measure to better regulate firearms at a time when crime statistics demand action.

Bill C-71's impact on gun owners

Bill C-71, which received Royal Assent on June 21, 2019, has been described as a law that "criminalizes hunters, farmers and sport shooters and takes away more of their guns". The bill has been met with opposition from gun rights advocates, who argue that it will do little to reduce gun-related crime in Canada. However, supporters of the bill, including gun control advocates and the Liberal government, claim that it is a "common-sense" approach to better policing firearms and improving public safety.

Impact on Gun Owners

Bill C-71 has introduced several changes that directly impact gun owners in Canada. Firstly, the bill enhances background checks for gun licence applications, requiring the Chief Firearms Officer to consider an applicant's entire life history, including any history of harassment, restraining orders, or threats of violence. This change aims to prevent people with a history of violence from owning firearms.

Secondly, the bill imposes stricter requirements on the transportation of restricted and prohibited firearms. Gun owners must now obtain a separate Authorization to Transport (ATT) to move these firearms, except when travelling to an approved shooting range. This reverses a previous change that allowed gun owners to transport firearms for certain routine activities without seeking additional approvals.

Thirdly, Bill C-71 introduces new regulations for businesses that sell firearms. Retailers must now keep detailed records of all firearms sales and inventories for at least 20 years. This includes recording the buyer's information, as well as the make, model, type, and serial number of each firearm sold. These records are intended to help law enforcement trace guns used in crimes but have raised concerns about potential privacy violations and increased costs for businesses.

Fourthly, the bill makes it a crime for licensed gun owners to sell or give any firearm to another licensed adult without special permission from the federal police. This applies to transfers of "Non-Restricted" rifles and shotguns, which make up the majority of firearms transactions in Canada. Gun owners who do not comply with these new requirements may have their licences revoked.

Lastly, Bill C-71 gives the government more power to reclassify firearms as "Prohibited". This makes it easier to ban certain types of firearms and confiscate them from their owners. The bill also includes provisions for "grandfathering", allowing existing owners of certain firearms to keep them under specific conditions.

Overall, Bill C-71 has introduced a range of measures that impact gun owners in Canada, from enhanced background checks and transport restrictions to new regulations for businesses and increased government powers over firearm classifications. These changes have sparked debate between those who view them as necessary for public safety and those who believe they unfairly target law-abiding gun owners.

The bill's background checks

Bill C-71, which was introduced in the House of Commons on 20 March 2018, amends certain Acts and Regulations in relation to firearms. The bill enhances background checks for those seeking to acquire firearms.

Previously, when a person applied for a licence, there was a mandatory lookback over the preceding five years to check for violent behaviour or treatment for a mental illness associated with violence. Bill C-71 removes this five-year limitation, meaning that an applicant's full record can be taken into account.

The bill also requires that, when a non-restricted firearm is transferred, the transferee's firearms licence is verified by the Registrar of Firearms, and that businesses keep certain information related to the transfer. This includes recording the reference number issued by the Registrar, the day it was issued, and the transferee's licence number and the firearm's make, model, type, and serial number.

The bill also repeals certain automatic authorisations to transport prohibited and restricted firearms. An automatic Authorisation to Transport (ATT) will no longer be available for the purpose of transporting a firearm to and from a peace officer, firearms officer, or CFO for verification, registration, or disposal.

The bill's record-keeping requirements

Bill C-71, which received Royal Assent on June 21, 2019, imposes new record-keeping requirements on businesses and gun owners.

Retailers

The bill requires retailers to keep detailed transaction records on every firearm buyer and every gun they purchase for 20 years. This includes recording the reference number issued by the Registrar, the day it was issued, the transferee’s licence number, and the firearm’s make, model, type, and serial number. These records will be private and not accessible to governments but can be accessed by the police with reasonable grounds and judicial authorization.

Gun Owners

The bill also requires gun owners to obtain explicit permission from the RCMP Registrar of Firearms for each potential or actual transfer of a firearm. This applies to transfers of "non-restricted" rifles and shotguns from parents to adult children, from one spouse to another, or between friends, even if they all have licences.

The bill's impact on gun transportation

Bill C-71, which received Royal Assent on 21 June 2019, has a direct impact on the transportation of firearms. The bill amends the Firearms Act and the Criminal Code, with the changes focusing on restricted and prohibited firearms.

Firstly, the bill removes certain automatic authorizations to transport restricted and prohibited firearms. This means that individuals must now seek authorization from a Chief Firearms Officer (CFO) to transport these firearms for specific reasons, including repair, exportation, and to a gun show. Previously, a CFO could grant authorization to transport a firearm between any two or more specified places for any good and sufficient reason.

Secondly, the bill amends the rules around transporting restricted and prohibited firearms to and from approved shooting ranges. While individuals with a valid licence are automatically authorized to transport these firearms within their province of residence to and from approved shooting clubs and ranges, Bill C-71 removes this automatic authorization for individuals who have acquired a restricted or prohibited firearm for the purpose of having it form part of a gun collection.

Thirdly, the bill introduces a requirement for individuals to obtain a specific transportation authorization to move restricted and prohibited firearms through the community, with the exception of transportation between a residence and an approved shooting range. This is intended to help public safety authorities, such as the police, determine whether a person is taking their restricted or prohibited firearm to somewhere it should not be.

Overall, the changes introduced by Bill C-71 around the transportation of firearms aim to bolster community safety and provide better control over the movement of restricted and prohibited firearms.

The bill's impact on gun classification

Bill C-71, which became law in Canada on 21 June 2019, has a direct impact on gun classification. The bill amends the Firearms Act and the Criminal Code, which categorises firearms into three classes: prohibited, restricted, and non-restricted.

Firstly, the bill removes the five-year limit on background checks for those seeking to acquire a firearm licence. Previously, only the preceding five years of an applicant's history were examined for potential red flags. Now, the applicant's full record of criminal behaviour and violence will be considered.

Secondly, the bill amends the transfer of non-restricted firearms. Under the new law, a reference number from the RCMP Registrar of Firearms is required to complete the transfer of a non-restricted firearm. This number is only given once the Registrar is satisfied that the transferee holds a valid licence. The bill also requires businesses to keep records of all firearms sales and inventories, including the date, reference, licence numbers, and details of the firearm.

Thirdly, Bill C-71 repeals the Governor-in-Council's authority to override the firearms classification definitions. This means that the government can no longer reclassify prohibited or restricted firearms as non-restricted.

Lastly, the bill adds grandfathering provisions for certain models of CZ and SAN Swiss Arms firearms. Individuals are now allowed to possess these firearms if they held a valid registration certificate for them on 30 June 2018 and continuously held a valid registration certificate since.

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