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Possession and acquisition licence

From Wikipedia, the free encyclopedia

Possession and acquisition licence
TypeFirearms licence
Issued byRoyal Canadian Mounted Police
First issued1995
PurposePossession and acquisition of firearms
Valid inCanada
EligibilitySafety training course completion, enhanced background check
Expiration5 years
CostVaries by classification

The possession and acquisition licence (PAL; French: permis de possession et d'acquisition) is the primary firearms licence under Canadian firearms laws. The PAL is the only licence issued to new adult firearms licence applicants in Canada; it is both required and the only permissible document for a person to possess and acquire, or permanently import a firearm. Applicants for a PAL must be 18 years of age or older. Minors 12–17 can apply for a minor's licence to borrow non-restricted firearms only.

There is no requirement of citizenship or residency (although different forms, and slightly different requirements apply). A non-resident firearms declaration form that has been confirmed by a Canada Border Services Agency officer serves as a temporary firearms licence for non-residents that are visiting Canada for fewer than 60 days.[1] Unlike a PAL, however, the non-resident firearms declaration is considered a valid temporary licence only for the specific firearms declared and does not permit the holder to borrow any firearms.

There is a separate licensing system to transport restricted firearms (authorization to transport). In other words, while a restricted-class PAL (RPAL) may permit a person to purchase a restricted firearm, it does not in itself permit that person to transport it from the store to their home. (This particular case can become an endorsement on an RPAL.) For non-restricted firearms, separate authorization to transport is not required.

Other firearms licences

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Other firearm licences for individuals include:

  • Minor's licence (12–17) permits borrowing a non-restricted firearm. Usually applicant must be at least 12, although exceptions can be made if one can demonstrate "need". (Requirements, including courses, are substantially the same as PAL.)
  • Possession-only licence (POL), which no longer exist. All POLs were converted to PALs. The POL was a grandfathered class of licence that permitted possession of firearms and acquisition of ammunition, but not acquisition of firearms.[2]
  • Non-resident temporary borrowing licence for non-restricted firearms
  • Non-resident temporary possession licence for minors (non-restricted firearms)
  • Executor of will. While not technically a licence, the executor of a will, in many cases, can temporarily have custody of firearms as part of an estate, without themselves having a firearms licence.

NOTE: While issued licences read either "Possession • Acquisition" or "Possession Only", the Firearms Act, 1995 and regulations refer to either "possession and acquisition licence" or "possession licence", without the word only.

Obtaining/applying

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All licensing of firearms in Canada is managed by the Canadian Firearms Program of the Royal Canadian Mounted Police. In the Canadian system, there are three classes of firearms and firearm licences: non-restricted, restricted and prohibited.

A possession and acquisition licence is a licence that allows individuals in Canada to possess and acquire firearms as well as ammunition. Licences are typically valid for five years and must be renewed prior to expiry to maintain the licensed classes. If a person possessing a PAL is convicted of certain offences, the PAL can be revoked. If a person does not renew their PAL prior to its expiration date or if they have their PAL revoked, they must legally dispose of any firearms in their possession. A licence for prohibited firearms can be issued to qualifying businesses, and very rarely to individuals (firearms they own, as the gun laws changed over time.) Previous convictions for serious violent, drug or weapons offences almost invariably result in the denial of the application.

A PAL is generally obtained in the following three steps:

Safety training
All PAL applicants must successfully complete the Canadian Firearms Safety Course[3] (CFSC) for a non-restricted licence, and the Canadian Restricted Firearms Safety Course[4] (CRFSC) for a restricted licence. The examinations contain both a written and practical component, and must be passed with 80% or higher on both. Information on the locations and availability of these courses can be found online or at the RCMP website.[5]
Formal application
Submit completed application (with supporting documents and guarantor-signed photo), and course report.
Security screening
Enhanced background check and investigations are performed, including contacting current/former conjugal partner and references. There is a minimum 28-day waiting period for all applicants who do not presently hold a valid firearms licence.

Licences are valid for five years and must be renewed prior to expiry to maintain the classes on the licence.

Restricted and Prohibited-class only

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Once licensed for restricted firearms (RPAL), an RPAL holder can apply for a firearm transfer by contacting the Canadian Firearms Program telephone number.[6] The CFP must speak with both the transferor (seller) and the transferee (buyer) for the transfer of restricted and prohibited firearms. However, both parties do not need to be available at the same time.

An RPAL holder also needs an authorization to transport[7] (ATT) for transporting restricted firearms to any place other than an approved shooting club or shooting range within the owner’s province of residence, or to the restricted firearm’s place of storage after purchase.

Classification of firearms

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Like licences, firearms are classified into prohibited, restricted and non-restricted categories.

History

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PALs were introduced in Canada in 1995 as part of Bill C-68 as a replacement for the FAC (firearms acquisition certificate) system. Whereas the FAC was only required to acquire a firearm, a PAL is required to both acquire and possess firearms and to acquire ammunition. A PAL for non-restricted firearms allows its holders to acquire and possess any non-restricted firearm, while an RPAL for restricted firearms allows the holder to acquire and possess restricted firearms. Only those who are grandfathered into the prohibited-class of firearms (12.2, 12.3 etc.) are able to acquire and possess prohibited firearms.

When first implemented, the PAL also allowed the holder to acquire a crossbow, although no licence was required to possess one. There is no longer a licensing requirement for purchasing crossbows.

Since December 15, 2023, a PAL is required to acquire cartridge magazines, the same as for acquiring ammunition.

Transportation of firearms

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The transportation regulations are broken down into two divisions: those for non-restricted firearms and those for restricted or prohibited firearms. These rules are laid out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. A non-restricted firearm may be transported so long as it is unloaded.[8] Such a firearm does not need to be encased or trigger locked.

A restricted or prohibited-class firearm must be disabled by use of a trigger, cable, or other locking device and locked in an opaque case.[8] An unattended non-restricted firearm left in a vehicle must be locked in the trunk or other compartment, if one is available. To transport restricted or prohibited firearms, a person must obtain an authorization to transport. An ATT is generally approved only for individuals to transport a restricted or prohibited firearm to a shooting range for target practice, gun show for sale, to a gunsmith or gun shop or for a competition (e.g.: IPSC).[citation needed]

An authorization to carry (ATC) allows a person to carry a restricted firearm or prohibited handgun concealed (if specified as a condition of carry) and loaded. An ATC for open carry is usually issued only to employees of armoured car companies or for other limited employment reasons. In very rare situations, an ATC may be issued for protection of life, which would allow the holder to have a loaded handgun with them, or at home, without violating safe storage rules that usually require an unloaded firearm to be trigger locked and secured.[citation needed]

See also

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References

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  1. ^ Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Licensing".{{cite web}}: CS1 maint: multiple names: authors list (link)
  2. ^ "Facts and Figures (July - September 2010)". Archived from the original on 2011-01-04. Retrieved 2011-02-28.
  3. ^ RCMP, Canadian Firearms Program (10 October 2019). "Safety Courses".
  4. ^ "Canadian Restricted Firearms Safety Course". Archived from the original on 2011-01-05. Retrieved 2011-02-28.
  5. ^ RCMP, Canadian Firearms Program (10 October 2019). "CFSC and CRFSC Contact Information".
  6. ^ RCMP, Canadian Firearms Program. "Buying and selling (transferring) firearms".
  7. ^ "Authorization to transport - Firearms safety, training, transport and storage".
  8. ^ a b Storage, Display, Transportation and Handling of Firearms by Individuals Regulations


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