Marginal note:Binding on Her Majesty

• 3. (1) This Act is binding on Her Majesty in right of Canada or a province.

• Marginal note:Canadian Forces

  (2) Notwithstanding subsection (1), this Act does not apply in respect of the Canadian Forces.

Marginal note:Purpose

4. The purpose of this Act is

• (a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of

  • (i) licences for firearms and authorizations and registration certificates for prohibited firearms or restricted firearms, under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,

  • (ii) licences and authorizations under which persons may possess prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 91(2), 92(2) or 93(1) of the Criminal Code, and

  • (iii) licences under which persons may sell, barter or give cross-bows in circumstances that would otherwise constitute an offence under subsection 97(1) of the Criminal Code;

• (b) to authorize,

  • (i) notably by sections 5 to 12 and 54 to 73, the manufacture of or offer to manufacture, and

  • (ii) notably by sections 21 to 34 and 54 to 73, the transfer of or offer to transfer,

  firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition and prohibited ammunition in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and

• (c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.

Marginal note:Public safety

• 5. (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

• Marginal note:Criteria

  (2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,

  • (a) has been convicted or discharged under section 730 of the Criminal Code of

    • (i) an offence in the commission of which violence against another person was used, threatened or attempted,

    • (ii) an offence under this Act or Part III of the Criminal Code,

    • (iii) an offence under section 264 of the Criminal Code (criminal harassment), or

    • (iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;

  • (b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or

  • (c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

• Marginal note:Exception

  (3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).