Conservatives Plan To Extend Long Gun Amnesty
The conservative Government of Canada has announced ad itention to extend the amnesty period for registering long guns until May, 2008. The current amnesty, set to expire in May 2007, gives long gun owners a respite from registering their previously unregistered long guns without the risk of prosecution for failing to do so. The Government intends to dismantle the ineffectual long gun registry at its first legislative opportunity, however, opposition parties continue to block the move in spite of no evidence that the registry has any material benefit in controlling the criminal use of firearms.
The registry has been implicated in stolen firearms cases as being a possible source of information for the criminal theft of guns. An uproar was created among firearms owners when the Ottawa Citizen published a website containing registry information obtained from the Canadian Firearms Centre through an Access to Information request. Many firearms owners were individually identified on the public site, and many more maintain that with little additional information, the location of their guns could be ascertained. Complaints to the Privacy Commissioner have not so far resulted in the information being removed.
Backgrounder for media and journalists:
There remains much confusion amongst media writers and commentators as to how Bill C68 establishes the rules for owning firearms. The following points are universally misunderstood and incorrectly reported on:
1) A LICENCE, the Possession and Acquisition Licence (or PAL), is REQUIRED before one can buy, own, register, or use, a firearm. The licence is obtained by taking a course and passing a prescribed examination. There are separate examinations for the ownership of non-restricted and restricted firearms. There is NO EXAM allowing one to acquire prohibited firearms. All prohibited firearms are grandfathered to PAL holding owners, and MAY NOT be traded or sold to ANYONE not similarly grandfathered.
2) A firearm must be REGISTERED ("registration certificate") before it may be sold, or traded, AND it may ONLY be sold or traded to someone with a PAL.
3) ALL firearms are currently required to be REGISTERED. There are three broad registration classes: Prohibited, Restricted, and Non-Restricted. ALL handguns are restricted and some may be prohibited. SOME rifles and other long guns are restricted and may also be prohibited. MOST long guns are non-restricted. ALL firearms require a PAL to possess.
4) The amnesty is a bar to prosecution for possessing an unregistered non-restricted long gun ONLY. The requirement to register unregistered firearms remains in place. The amnesty DOES NOT APPLY to restricted or prohibited firearms of any kind, nor does it waive ANY licencing requirements of owners.
5) Registration (the gun) is NOT licencing (the owner).
Below is the website text of the amnesty order (official text is here):
Vol. 141, No. 14 — April 7, 2007
Order Amending the Order Declaring an Amnesty Period (2006)
Statutory authority
Criminal Code
Sponsoring department
Department of Justice
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Description
The proposed Order Amending the Order Declaring an Amnesty Period (2006) [the Amending Order] would extend for one more year the amnesty period created under the original order, the Order Declaring an Amnesty Period (2006) [Amnesty Order 2006]. The Amnesty Order 2006 came into force May 17, 2006, and will end on May 16, 2007, unless it is extended by the Amending Order. The Amending Order would be made pursuant to subsection 117.14(1) of the Criminal Code, just as the original order was. Also like the original order, the Amending Order would apply to owners of non-restricted firearms (commonly known as ordinary rifles and shotguns or long guns) whose licences expired or will expire during the period from January 1, 2004, to May 16, 2008, and/or owners who have not obtained registration certificates for these firearms. It would allow these owners to take positive steps, as set out in the Amnesty Order 2006, to come into compliance with the Firearms Act without, while doing so, attracting criminal liability for being in unauthorized possession of the firearms in question.
The purpose of extending the amnesty period for an additional year would be to enable the Government, through renewed public communications efforts, to clarify the scope of the protection provided by this extended amnesty period, to explain what individuals must do in order to avail themselves of the time-limited protection, and to underline the potential consequences for non-compliant long-gun owners, during and after the extended amnesty period, if they do not take the necessary steps to bring themselves into compliance with the law. Questions and comments from stakeholders (owners of non-restricted firearms) since the Amnesty Order 2006 took effect suggest that some members of the public are confused about the protection that this Order actually provides. The extension of the amnesty period would provide time to clarify misunderstanding of the Amnesty Order 2006 and to allow law-abiding long-gun owners to take advantage of the protection from criminal liability that would only be available for the duration of the extended amnesty period.
Alternatives
The Amnesty Order 2006, declaring an amnesty period under subsection 117.14(1) of the Criminal Code, was the only means for individuals to bring themselves into compliance with the Firearms Act without attracting criminal liability during the amnesty period. The only means to extend the time-limited protection offered by the Amnesty Order 2006 would be to extend the time period provided for in that original order.
Taking no action to extend the Amnesty Order 2006 is an alternative. However, the benefits of the Order would expire with the Order.
Benefits and costs
Those individuals who could be protected from criminal liability for unauthorized possession of a non-restricted firearm under the Amended Order will only benefit from that protection during the extended amnesty period if they take the necessary steps, outlined in the Order, to renew their licence and/or obtain a registration certificate for their non-restricted firearms or if they take advantage of other options to become compliant with the Firearms Act that are set out in the Amnesty Order 2006. Individuals who are not in compliance, and who do nothing during the amnesty period to become compliant, will be subject to Criminal Code illegal possession offences in sections 91 and 92, as well as offences and enforcement measures available under the Firearms Act.
A positive contribution to the Canadian firearms licensing system is achieved whenever non-compliant long-gun owners renew their licences and thereby support this important aspect of firearms regulation. In addition, by registering their non-restricted firearms, as is currently required by law, or by taking other steps as provided for in the Amnesty Order 2006, these individuals are acting within the law. Furthermore, by obtaining licences and/or registration certificates they increase the accuracy, and add to the completeness, of firearms program data in the Canadian Firearms Information System.
The Amended Order would not affect the authority of a chief firearms officer to refuse to issue a licence to a person who is considered not to be eligible. So the public benefits that licence eligibility requirements have for public safety would continue to be unaffected.
Consultation
Feedback from the public suggests that the application, scope and purpose of the Amnesty Order 2006 has not been well-understood by some stakeholders (potential beneficiaries of the amnesty period) or the public at large.
Correspondence sent to the Minister of Public Safety and calls from the public to the Canada Firearms Centre since the Amnesty Order 2006 took effect suggest that many owners of long guns have been confused about the protection that the Amnesty Order 2006 provides to them. Owners of long guns whose licences have expired after January 1, 2004, or for which the registration certificate has expired, in a number of cases seem to have failed to understand that police can seize any long guns for which the owner does not have a valid licence or registration under the Firearms Act. They do not seem to have realized that the only protection that the Amnesty Order 2006 provides to them is protection from liability for certain offences under the Criminal Code and that even that protection is only available if they are taking certain steps to bring themselves into compliance with the Firearms Act.
Compliance and enforcement
Under federal legislation currently in force, to be in lawful (authorized) possession of a non-restricted firearm, an individual must hold a licence issued under the Firearms Act as well as a registration certificate for each non-restricted firearm. In June 2006, the Government tabled a legislative proposal in the House of Commons to remove the requirement to register non-restricted firearms (Bill C-21, which received first reading on June 19, 2006). That Bill proposes to amend the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are non-restricted (i.e. for firearms that are neither prohibited nor restricted) as well as the related illegal possession offences in the Firearms Act and the Criminal Code. Bill C-21 remains before the House of Commons, and should it come into force in the future, there would no longer be a legislative requirement to register long guns. The current legislation remains validly enacted. The Amending Order does not have the effect of suspending the requirement in the current legislation, which requires long-gun owners to be licensed and to hold registration certificates.
Possession by an individual of any firearm without a licence or without a registration certificate for each firearm is an offence contrary to sections 91 and 92 of the Criminal Code. The proposed Amnesty Order extension would continue to only protect individuals against criminal liability for unauthorized possession of non-restricted firearms. At the same time, however, those owners would be able to take positive steps, as set out in the Amnesty Order 2006, to come into compliance with the Firearms Act and would do so without attracting criminal liability.
Contact
Legal Services, Royal Canadian Mounted Police, Canada Firearms Centre, 10th Floor, 50 O'Connor Street, Ottawa, Ontario K1A 1M6, 1-800-731-4000, extension 7799 (telephone), amnesty-amnistie@cfc-cafc.gc.ca (email).
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 117.14(1) (see footnote a) of the Criminal Code, proposes to make the annexed Order Amending the Order Declaring an Amnesty Period (2006).
Interested persons may make representations concerning the proposed Order within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Legal Services, Royal Canadian Mounted Police, Canada Firearms Centre, 10th Floor, 50 O'Connor Street, Ottawa, Ontario K1A 1M6 (tel.: 1-800-731-4000, extension 7799; e-mail: amnesty-amnistie@cfc-cafc.gc.ca).
Ottawa, March 29, 2007
MARY O'NEILL
Assistant Clerk of the Privy Council
ORDER AMENDING THE ORDER DECLARING AN AMNESTY PERIOD (2006)
AMENDMENTS
1. (1) Subparagraphs 2(1)(b)(i) and (ii) of the Order Declaring an Amnesty Period (2006) (see footnote 1) are replaced by the following:
(i) that expired during the period beginning on January 1, 2004 and ending on May 16, 2006, or
(ii) that will have expired during the period beginning on May 17, 2006 and ending on May 16, 2008.
(2) Subsection 2(3) of the Order is replaced by the following:
(3) The amnesty period begins on May 17, 2006 and ends on May 16, 2008.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
[14-1-o]
Footnote a
S.C. 1995, c. 39, s. 139
Footnote 1
SOR/2006-95
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.
The registry has been implicated in stolen firearms cases as being a possible source of information for the criminal theft of guns. An uproar was created among firearms owners when the Ottawa Citizen published a website containing registry information obtained from the Canadian Firearms Centre through an Access to Information request. Many firearms owners were individually identified on the public site, and many more maintain that with little additional information, the location of their guns could be ascertained. Complaints to the Privacy Commissioner have not so far resulted in the information being removed.
Backgrounder for media and journalists:
There remains much confusion amongst media writers and commentators as to how Bill C68 establishes the rules for owning firearms. The following points are universally misunderstood and incorrectly reported on:
1) A LICENCE, the Possession and Acquisition Licence (or PAL), is REQUIRED before one can buy, own, register, or use, a firearm. The licence is obtained by taking a course and passing a prescribed examination. There are separate examinations for the ownership of non-restricted and restricted firearms. There is NO EXAM allowing one to acquire prohibited firearms. All prohibited firearms are grandfathered to PAL holding owners, and MAY NOT be traded or sold to ANYONE not similarly grandfathered.
2) A firearm must be REGISTERED ("registration certificate") before it may be sold, or traded, AND it may ONLY be sold or traded to someone with a PAL.
3) ALL firearms are currently required to be REGISTERED. There are three broad registration classes: Prohibited, Restricted, and Non-Restricted. ALL handguns are restricted and some may be prohibited. SOME rifles and other long guns are restricted and may also be prohibited. MOST long guns are non-restricted. ALL firearms require a PAL to possess.
4) The amnesty is a bar to prosecution for possessing an unregistered non-restricted long gun ONLY. The requirement to register unregistered firearms remains in place. The amnesty DOES NOT APPLY to restricted or prohibited firearms of any kind, nor does it waive ANY licencing requirements of owners.
5) Registration (the gun) is NOT licencing (the owner).
Below is the website text of the amnesty order (official text is here):
Vol. 141, No. 14 — April 7, 2007
Order Amending the Order Declaring an Amnesty Period (2006)
Statutory authority
Criminal Code
Sponsoring department
Department of Justice
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Description
The proposed Order Amending the Order Declaring an Amnesty Period (2006) [the Amending Order] would extend for one more year the amnesty period created under the original order, the Order Declaring an Amnesty Period (2006) [Amnesty Order 2006]. The Amnesty Order 2006 came into force May 17, 2006, and will end on May 16, 2007, unless it is extended by the Amending Order. The Amending Order would be made pursuant to subsection 117.14(1) of the Criminal Code, just as the original order was. Also like the original order, the Amending Order would apply to owners of non-restricted firearms (commonly known as ordinary rifles and shotguns or long guns) whose licences expired or will expire during the period from January 1, 2004, to May 16, 2008, and/or owners who have not obtained registration certificates for these firearms. It would allow these owners to take positive steps, as set out in the Amnesty Order 2006, to come into compliance with the Firearms Act without, while doing so, attracting criminal liability for being in unauthorized possession of the firearms in question.
The purpose of extending the amnesty period for an additional year would be to enable the Government, through renewed public communications efforts, to clarify the scope of the protection provided by this extended amnesty period, to explain what individuals must do in order to avail themselves of the time-limited protection, and to underline the potential consequences for non-compliant long-gun owners, during and after the extended amnesty period, if they do not take the necessary steps to bring themselves into compliance with the law. Questions and comments from stakeholders (owners of non-restricted firearms) since the Amnesty Order 2006 took effect suggest that some members of the public are confused about the protection that this Order actually provides. The extension of the amnesty period would provide time to clarify misunderstanding of the Amnesty Order 2006 and to allow law-abiding long-gun owners to take advantage of the protection from criminal liability that would only be available for the duration of the extended amnesty period.
Alternatives
The Amnesty Order 2006, declaring an amnesty period under subsection 117.14(1) of the Criminal Code, was the only means for individuals to bring themselves into compliance with the Firearms Act without attracting criminal liability during the amnesty period. The only means to extend the time-limited protection offered by the Amnesty Order 2006 would be to extend the time period provided for in that original order.
Taking no action to extend the Amnesty Order 2006 is an alternative. However, the benefits of the Order would expire with the Order.
Benefits and costs
Those individuals who could be protected from criminal liability for unauthorized possession of a non-restricted firearm under the Amended Order will only benefit from that protection during the extended amnesty period if they take the necessary steps, outlined in the Order, to renew their licence and/or obtain a registration certificate for their non-restricted firearms or if they take advantage of other options to become compliant with the Firearms Act that are set out in the Amnesty Order 2006. Individuals who are not in compliance, and who do nothing during the amnesty period to become compliant, will be subject to Criminal Code illegal possession offences in sections 91 and 92, as well as offences and enforcement measures available under the Firearms Act.
A positive contribution to the Canadian firearms licensing system is achieved whenever non-compliant long-gun owners renew their licences and thereby support this important aspect of firearms regulation. In addition, by registering their non-restricted firearms, as is currently required by law, or by taking other steps as provided for in the Amnesty Order 2006, these individuals are acting within the law. Furthermore, by obtaining licences and/or registration certificates they increase the accuracy, and add to the completeness, of firearms program data in the Canadian Firearms Information System.
The Amended Order would not affect the authority of a chief firearms officer to refuse to issue a licence to a person who is considered not to be eligible. So the public benefits that licence eligibility requirements have for public safety would continue to be unaffected.
Consultation
Feedback from the public suggests that the application, scope and purpose of the Amnesty Order 2006 has not been well-understood by some stakeholders (potential beneficiaries of the amnesty period) or the public at large.
Correspondence sent to the Minister of Public Safety and calls from the public to the Canada Firearms Centre since the Amnesty Order 2006 took effect suggest that many owners of long guns have been confused about the protection that the Amnesty Order 2006 provides to them. Owners of long guns whose licences have expired after January 1, 2004, or for which the registration certificate has expired, in a number of cases seem to have failed to understand that police can seize any long guns for which the owner does not have a valid licence or registration under the Firearms Act. They do not seem to have realized that the only protection that the Amnesty Order 2006 provides to them is protection from liability for certain offences under the Criminal Code and that even that protection is only available if they are taking certain steps to bring themselves into compliance with the Firearms Act.
Compliance and enforcement
Under federal legislation currently in force, to be in lawful (authorized) possession of a non-restricted firearm, an individual must hold a licence issued under the Firearms Act as well as a registration certificate for each non-restricted firearm. In June 2006, the Government tabled a legislative proposal in the House of Commons to remove the requirement to register non-restricted firearms (Bill C-21, which received first reading on June 19, 2006). That Bill proposes to amend the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are non-restricted (i.e. for firearms that are neither prohibited nor restricted) as well as the related illegal possession offences in the Firearms Act and the Criminal Code. Bill C-21 remains before the House of Commons, and should it come into force in the future, there would no longer be a legislative requirement to register long guns. The current legislation remains validly enacted. The Amending Order does not have the effect of suspending the requirement in the current legislation, which requires long-gun owners to be licensed and to hold registration certificates.
Possession by an individual of any firearm without a licence or without a registration certificate for each firearm is an offence contrary to sections 91 and 92 of the Criminal Code. The proposed Amnesty Order extension would continue to only protect individuals against criminal liability for unauthorized possession of non-restricted firearms. At the same time, however, those owners would be able to take positive steps, as set out in the Amnesty Order 2006, to come into compliance with the Firearms Act and would do so without attracting criminal liability.
Contact
Legal Services, Royal Canadian Mounted Police, Canada Firearms Centre, 10th Floor, 50 O'Connor Street, Ottawa, Ontario K1A 1M6, 1-800-731-4000, extension 7799 (telephone), amnesty-amnistie@cfc-cafc.gc.ca (email).
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 117.14(1) (see footnote a) of the Criminal Code, proposes to make the annexed Order Amending the Order Declaring an Amnesty Period (2006).
Interested persons may make representations concerning the proposed Order within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Legal Services, Royal Canadian Mounted Police, Canada Firearms Centre, 10th Floor, 50 O'Connor Street, Ottawa, Ontario K1A 1M6 (tel.: 1-800-731-4000, extension 7799; e-mail: amnesty-amnistie@cfc-cafc.gc.ca).
Ottawa, March 29, 2007
MARY O'NEILL
Assistant Clerk of the Privy Council
ORDER AMENDING THE ORDER DECLARING AN AMNESTY PERIOD (2006)
AMENDMENTS
1. (1) Subparagraphs 2(1)(b)(i) and (ii) of the Order Declaring an Amnesty Period (2006) (see footnote 1) are replaced by the following:
(i) that expired during the period beginning on January 1, 2004 and ending on May 16, 2006, or
(ii) that will have expired during the period beginning on May 17, 2006 and ending on May 16, 2008.
(2) Subsection 2(3) of the Order is replaced by the following:
(3) The amnesty period begins on May 17, 2006 and ends on May 16, 2008.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
[14-1-o]
Footnote a
S.C. 1995, c. 39, s. 139
Footnote 1
SOR/2006-95
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.
posted by Stephen at 4:52 AM
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