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Gun politics in CanadaFrom Wikipedia,
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The merits of the Canadian Firearms Program have been hotly debated since the legislation was enacted in 1995. In particular, the requirement to register all weapons, including long guns (rifles, shotguns) have made the program unpopular with many (especially rural) Canadians. Cost overruns to institute the program have been presented as a reason to scrap it.[2][3][4] and the Auditor General of Canada,[5] due to severe cost overruns, as are similar programs in other Commonwealth countries.[6][1][7] Despite research which demonstrates registration policies have resulted in increased crime rates in Canada, Australia and the United Kingdom,[dubious – discuss][8][9][10] systematic auditing and criminalization of firearm owners and sports continues to be implemented and enforced in most of Eastern Canada,[11][12][13] and to a lesser extent, in Western Canada (in most cases firearm ownership regulations vary slightly in different provinces and territories where some provinces have decided to mandate they're own laws such as the Québec Law9 course).[14]
Canadian law mandates firearm ownership as being primarily for sporting or recreational purposes (hunting & target shooting). In addition to specific business uses, the Firearms Act of 1995 provides only limited recognition of self-defence as a reason to acquire or possess a firearm in Canada. In extremely rare cases, a firearms licence can be issued for protection of life, with specific conditions of carry attached to the licence. Alternatively, a separate authorization to carry for protection of life may be issued to a licence holder; either of these situations would allow a firearm to be legally carried for protection. The Criminal Code allows reasonable use of force in self-defence; thus, while guns can rarely be acquired for self-defence, they can be used for such in certain circumstances.
Contents [hide]
1 History of firearm laws in Canada
2 Licensing of firearms owners
3 Canadian Firearms Program
4 Laws and regulations
5 Classification of firearms
6 Firearms registry
7 Violent crime, suicide and accidents in Canada
8 Legal
9 See also
10 References
11 External links
History of firearm laws in CanadaControls on civilian use of firearms date from the early days of Confederation, when Justices of the Peace could impose penalties for carrying a handgun without reasonable cause.[15] Criminal Code of Canada amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid 1990s, significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[16] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.[17]
The following is a summary of the history of gun control laws in Canada:[18][19]
The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial attorneys general.
In 1947, the offence of “constructive murder” was added to the Criminal Code for offences resulting in death, when the offender carried a firearm. This offence was struck down as unconstitutional by the Supreme Court of Canada in a 1987 case called R. v. Vaillancourt.
Automatic weapons were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” weapons. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that weapons that belonged to an individual endangered the safety of society.
In 1977, Bill C-51 required firearms acquisition certificates (FACs) for the acquisition (but not possession) of all firearms and introduced controls on the selling of ammunition. FAC applicants were required to pass a basic criminal record check before being issued an FAC.
In 1991, Bill C-17 tightened up restrictions and established controls on any firearms that had a military or paramilitary appearance. Legislation also made changes to the FAC system. FAC applicants were now required to pass a firearms safety course, pass a more thorough background check, and wait a minimum of 28 days after applying for an FAC before being issued one.
Finally in addition to the above changes, laws were put into place that restricted ownership of high-capacity magazines, limiting handguns to ten rounds and all semi-automatic centrefire rifles to 5. There were exceptions to the magazine capacity limit of some historically significant firearms such as the Lee-Enfield and M1 Garand. The restrictions did not cover rimfire rifles. The provinces have the choice to opt-out of administering the Firearms Act, but not magazine restrictions.
In 1995, Bill C-68 introduced new, stricter, gun control legislation. The current legislation prohibits most .32 and all .25 calibre handguns as well as handguns with barrels under 106 millimetres (4.2 in)[citation needed] and provides harsher penalties for crimes involving firearm use, licences to possess and acquire firearms, and registration of all firearms, including shotguns and rifles.[18] This legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with possession-only licences (POLs) (no new POLs after January 1, 2001) and possession and acquisition licences (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was not public safety policy, but rather an election ploy by the Liberal Party of Canada intended to help defeat Prime Minister Kim Campbell.[20]
In 2001, the registration portion of Bill C-68 was implemented. The government asks for all firearms, including long-guns (rifles and shotguns), to be registered.
In 2003, the registration of long-guns becomes mandatory. Failure to register a firearm now results in criminal charges.
As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2011) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.[21]
In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would abolish the requirement to register non-restricted long guns. While the proposed legislation is a private member's bill, it has the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. This negative recommendation does not necessarily stop progress on the bill, and a free vote on whether it should pass the House may still occur in fall 2010.[dated info]
As of September 2010 Bill C-391 failed to pass a third reading.
the free encyclopedia
The merits of the Canadian Firearms Program have been hotly debated since the legislation was enacted in 1995. In particular, the requirement to register all weapons, including long guns (rifles, shotguns) have made the program unpopular with many (especially rural) Canadians. Cost overruns to institute the program have been presented as a reason to scrap it.[2][3][4] and the Auditor General of Canada,[5] due to severe cost overruns, as are similar programs in other Commonwealth countries.[6][1][7] Despite research which demonstrates registration policies have resulted in increased crime rates in Canada, Australia and the United Kingdom,[dubious – discuss][8][9][10] systematic auditing and criminalization of firearm owners and sports continues to be implemented and enforced in most of Eastern Canada,[11][12][13] and to a lesser extent, in Western Canada (in most cases firearm ownership regulations vary slightly in different provinces and territories where some provinces have decided to mandate they're own laws such as the Québec Law9 course).[14]
Canadian law mandates firearm ownership as being primarily for sporting or recreational purposes (hunting & target shooting). In addition to specific business uses, the Firearms Act of 1995 provides only limited recognition of self-defence as a reason to acquire or possess a firearm in Canada. In extremely rare cases, a firearms licence can be issued for protection of life, with specific conditions of carry attached to the licence. Alternatively, a separate authorization to carry for protection of life may be issued to a licence holder; either of these situations would allow a firearm to be legally carried for protection. The Criminal Code allows reasonable use of force in self-defence; thus, while guns can rarely be acquired for self-defence, they can be used for such in certain circumstances.
Contents [hide]
1 History of firearm laws in Canada
2 Licensing of firearms owners
3 Canadian Firearms Program
4 Laws and regulations
5 Classification of firearms
6 Firearms registry
7 Violent crime, suicide and accidents in Canada
8 Legal
9 See also
10 References
11 External links
History of firearm laws in CanadaControls on civilian use of firearms date from the early days of Confederation, when Justices of the Peace could impose penalties for carrying a handgun without reasonable cause.[15] Criminal Code of Canada amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid 1990s, significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[16] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.[17]
The following is a summary of the history of gun control laws in Canada:[18][19]
The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial attorneys general.
In 1947, the offence of “constructive murder” was added to the Criminal Code for offences resulting in death, when the offender carried a firearm. This offence was struck down as unconstitutional by the Supreme Court of Canada in a 1987 case called R. v. Vaillancourt.
Automatic weapons were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” weapons. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that weapons that belonged to an individual endangered the safety of society.
In 1977, Bill C-51 required firearms acquisition certificates (FACs) for the acquisition (but not possession) of all firearms and introduced controls on the selling of ammunition. FAC applicants were required to pass a basic criminal record check before being issued an FAC.
In 1991, Bill C-17 tightened up restrictions and established controls on any firearms that had a military or paramilitary appearance. Legislation also made changes to the FAC system. FAC applicants were now required to pass a firearms safety course, pass a more thorough background check, and wait a minimum of 28 days after applying for an FAC before being issued one.
Finally in addition to the above changes, laws were put into place that restricted ownership of high-capacity magazines, limiting handguns to ten rounds and all semi-automatic centrefire rifles to 5. There were exceptions to the magazine capacity limit of some historically significant firearms such as the Lee-Enfield and M1 Garand. The restrictions did not cover rimfire rifles. The provinces have the choice to opt-out of administering the Firearms Act, but not magazine restrictions.
In 1995, Bill C-68 introduced new, stricter, gun control legislation. The current legislation prohibits most .32 and all .25 calibre handguns as well as handguns with barrels under 106 millimetres (4.2 in)[citation needed] and provides harsher penalties for crimes involving firearm use, licences to possess and acquire firearms, and registration of all firearms, including shotguns and rifles.[18] This legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with possession-only licences (POLs) (no new POLs after January 1, 2001) and possession and acquisition licences (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was not public safety policy, but rather an election ploy by the Liberal Party of Canada intended to help defeat Prime Minister Kim Campbell.[20]
In 2001, the registration portion of Bill C-68 was implemented. The government asks for all firearms, including long-guns (rifles and shotguns), to be registered.
In 2003, the registration of long-guns becomes mandatory. Failure to register a firearm now results in criminal charges.
As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2011) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.[21]
In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would abolish the requirement to register non-restricted long guns. While the proposed legislation is a private member's bill, it has the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. This negative recommendation does not necessarily stop progress on the bill, and a free vote on whether it should pass the House may still occur in fall 2010.[dated info]
As of September 2010 Bill C-391 failed to pass a third reading.