Dual classifications? "restricted firearm antique non-firearm". That's a new one to me. I thought a an antique was a non-firearm can't be a restricted or prohibited firearm but now here are all these new classifications you have thrown in to the mix. What is your opinion based on?
My opinion is based on the law. Specifically S 2 and S 84 of the criminal code.
Section 2 defines 'Firearm'. Any antique that has a barrel and can fire a projectile meets this definition, and is therefore a firearm. There are no exceptions. Once a firearm under section 2, always a firearm under section 2.
Section 84(1) contains the definitions for Restricted Firearm and Prohibited firearm. Handguns are either one or the other, based on barrel length, or whether they are on the prescribed lists. Again, there are no exceptions. IF it meets the definition of restricted, it is always restricted.
Lastly, 84(1) defines antique, which is complicated but for our purposes lets pretend it isn't.
The definition of restricted, for example, includes "any handgun that is not
prohibited" Ie a restricted handgun can not also be prohibited. Likewise, the definition of Non Restricted specifically states "a firearm that is neither restricted nor prohibited. Further, all three categories of firearm permit a firearm to be prescribed into that class. Section 117.15 (3 and 4) states that a firearm prescribed to be (and I'm paraphrasing) anything other than its native class, is deemed to be the prescribed class, and not the native class.
Taken all together, the law clearly creates mutually exclusive categories for Non-Restricted, Restricted, and prohibited.
No such language exists anywhere in law to create 'antique' as a mutually exclusive category to the other three.
84.3 States that for the purposes of certain sections of the firearms act, Antiques are deemed not to be firearms, meaning essentially those sections of the firearms act aren't antiques.
It doesn't say antiques aren't firearms, just that those sections don't apply to them.
Those sections are 91 to 95, 99 to 101, 103 to 107 and 117.03
So you don't need a license, a registration, certificate, an authorization to transport, etc, for an antique.
The exemption in 84.3 does not exempt antiques from the other definitions found in 84(1), therefore those definitions, IE handgun, Semi auto, restricted, prohibited etc, all still apply to antiques.
This would be completely un-controversial were it not for the fact that the regulations for transportation specifically contain separate rules for antiques, but no where in those rules does it say antiques are to be treated as NOT being restricted or prohibited for the purposes of those regulations. A review of the rules specific to antiques tells us that the storage rules for antique handguns are not incompatible with the rules for restricted or prohibited handguns, ie, it is possible to comply with both at the same time, if you follow both sets of rules. Therefore the implication is that you have to follow both.
Its stupid, I know. But its what the law says.
