Another transportation question.

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Outback2970

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I have my newly acquired rpal with my nonstandard conditions, and my transfer notification for my pistol which has on it the new registration certificate number and the firearm identification number. Can I take my restricted firearm to the range or must I continue to wait for my actual registration certificate?
 
The CCC:

91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
...

Exceptions

(4) Subsections (1) and (2) do not apply to

(a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

(b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

(i) lawfully disposes of it, or

(ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

That being said...

Seizure on failure to produce authorization

117.03 (1) Despite section 117.02, a peace officer who finds

(a) a person in possession of a prohibited firearm, a restricted firearm or a non-restricted firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or

(b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.


My interpretation is you're fine but be prepared for a problem if it does happen to get seized and you don't get the reg cert within 14 days.

FF
 
Maybe the word "temporary registration" was not the proper term, but it has your actual registration number on it as well as all the fiream info.

My source ? 3 different provincial CFOs and the CFC

Bought many NEW restricted firearms from many local dealers all across the country. Once transfert was approved and I got my transfer paper, I was allowed to transport my restricted home and subsequently to my approved range.

I was also "lucky enough" to be verified by an LEO at the range (random check that happens once in a while) less than a month ago with nothing but my RPAL and transfert notice and my day was not ruined by seizure and arrest by the gentleman in the white car...

My source: I have called the following CFOs and got the same answer everytime:

-CFC Miramichi
-Manitoba
-Quebec
-Nova Scotia
 
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If you are as experienced as you say you are, you should not be shocked to find out that they give out misinformation all the time. There is no statutory or regulatory mention of "temporary registrations". The law says that you must be in possession of the registration certificate or have made arrangements to acquire one to avoid the charge of unlawful possession.

The law further states that if you do not have the certificate on hand to show an officer, he may seize the firearm until you do show the certificate. If after 14 days the certificate is not presented, it may be retained permanently.

What is printed in the CCC will always take precedence over what a bureaucrat says. At least in a court of law.

FF
 
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Congratz on your RPAL.

The notice of transfer does INDEED serve as registration until you receive the proper one, otherwise, the CFO wouldnt even LET you get your gun from the store in the first place... thats like saying you can ONLY drive your car from the dealership to your house with the temp plates until you get the real plate...no. If you can get your pistol with the notice, you can do whatever else a registration entitles you too aswell. Refer to section 2.2A-B

From the firearms act.

(2.2) Subject to subsection (2.3), if a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized

(a) to transport the firearm within the individual’s province of residence from the place where the individual acquires it to the place where they may possess it under section 17; and

(b) to transport their prohibited firearms and restricted firearms within the individual’s province of residence to and from the places referred to in any of paragraphs (2.1)(a) to (e).
 
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Learning lots today. Thanks for the CCC quotes and cut/pastes. Very nice consolidation of specific and relevant info. Will be useful to many I'm sure. Love this sport/hobby and love this forum.
 
OldFrankHog said:
Congratz on your RPAL.

The notice of transfer does INDEED serve as registration until you receive the proper one, otherwise, the CFO wouldnt even LET you get your gun from the store in the first place... thats like saying you can ONLY drive your car from the dealership to your house with the temp plates until you get the real plate...no. If you can get your pistol with the notice, you can do whatever else a registration entitles you too aswell. Refer to section 2.2A-B

From the firearms act.

(2.2) Subject to subsection (2.3), if a chief firearms officer has authorized the transfer of a prohibited firearm or a restricted firearm to an individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms, the individual must be authorized

(a) to transport the firearm within the individual’s province of residence from the place where the individual acquires it to the place where they may possess it under section 17; and

(b) to transport their prohibited firearms and restricted firearms within the individual’s province of residence to and from the places referred to in any of paragraphs (2.1)(a) to (e).
Click to expand...

Was actually digging for that one, thanks
 
Your authorization to transport does not mean you can be without the reg cert.

As stated, you will not face criminal prosecution for unauthorized possession but your guns may be seized until you can produce the certificate. If you don't produce that certificate in 14 days, you lose them for good.

FF
 
You know what MUST means in legal terms yes ? If the transfer notice wasn't enough you wouldn't be allowed to get your gun from the store to your home either...
 
Guess what. You are missing the point. Your authorization to transport is just that. You're authorized to transport firearms registered to you. You were not breaking any laws transporting a gun without the certificate (assuming of course it is in fact registered to you). The point you were missing is that without the certificate, if an officer is completely within his rights to seize your firearms until you can demonstrate that you in fact hold registration certificates for the firearms.

If the CFO office takes 6 to 8 weeks to send you a certificate, you lose your guns. No charges, no crime has been committed.you are not going to jail. Now do you get the point?

FF
 
You are grasping at straws. The notice has all your registration info on it. That it why it is accepted to go get your gun from the store with. It serves as registration until you get the normal one. Stop trying to scare people. The officer would have ZERO grounds to seize your guns.
 
When the transfer notice is sent (transfer approved) the new acquisition is now attached to your PAL.

So lets say you go to the range, get verified like I did and only have your valid PAL and transfert notice with registration number on it as well as gun serial number/model/make, guess what the LEO did ?

He asked me about it, told him it was newly acquired and the registration are most likely on their way with the same number showing on transfer notice. He then compared the info on the paper with the one on the pistol and already had my PAL in his hands... He went to his cruiser, came back 10 minutes later and told me to have a nice day.

There is a part in this event that is "officer's discretion" for sure, but pretty sure its a small percentage given the amount of people currently doing it.

Again, your call at the end of the day
 
I would call your CFO and ask, everytime I've had a restricted transferred to me I've been told the notice of transfer emailed to me was only good to pick up and bring home. I was then told by my prov CFO that I had to have the physical registration in hand to go to the range, so ask your CFO and see what they say. They said the same thing pre and post C-42.
 
Butcherbill said:
I would call your CFO and ask, everytime I've had a restricted transferred to me I've been told the notice of transfer emailed to me was only good to pick up and bring home. I was then told by my prov CFO that I had to have the physical registration in hand to go to the range, so ask your CFO and see what they say. They said the same thing pre and post C-42.
Click to expand...

I was told the same.
 
The point is that if you call the CFO ten times, you can get 6 different answers. They are NOT the authority on the criminal code.
 
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