Legal status of tracer ammunition

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AK

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I had a meeting today with the Explosives Regulatory Division to go over a few things not firearms related. During the conversation I inquired as to the recent importation of 7.62x39mm tracers that were allegedly pulled off the shelves and why that was done. Here is the answer, which I'm sure is bound to be unpopular...

Tracer ammunition is illegal under the Explosives Regulations.

While SOR/98-462 Part 5 (Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted) doesn't make mention of tracers, the explosives laws in Canada are written so that you cannot possess an explosive unless it is authorized in the Act or Regulations. Ammunition, as you and I know it, is defined in the Explosives Regulations (C.R.C., c. 599) section 2 (Interpretation) as follows:

“safety cartridge” means a cartridge for any shotgun, gun, rifle, pistol, revolver and industrial gun the case of which can be extracted after firing and that is so closed as to prevent any explosion in one cartridge being communicated to another cartridge but does not include tracer, incendiary, high explosive or other similar military type cartridges; (cartouche de sûreté);
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This is where tracers get excluded from lawful possession under ordinary circumstances.

What does this mean for tracer ammunition already in the country? It is still unlawful to possess, import, store, or sell under the Explosives Regulations. If you have any, what you do with it is up to you. I'm not a lawyer nor do I play one on the internet, but if I had any I frankly wouldn't be rushing to the nearest bridge to dump it in the river. If you wish to see the regulations amended to include tracer ammunition under the definition of safety cartridge, you may want to begin by speaking to your shooting sports association to lobby for change.

This post is just an FYI. Please don't shoot the messenger. Thanks.
 
PROHIBITED ACTIVITIES
Manufacture, use, etc.

6. Except as authorized under this Act and subject to such exemptions as may be provided by regulation, no person shall
(a) make or manufacture explosives either wholly or in part except in a licensed factory;
(b) sell any authorized explosive unless that person is the operator of a licensed factory or licensed magazine and is authorized to sell explosives;
(c) store any explosive in a magazine that is not a licensed magazine;
(d) have in his possession any explosive; or
(e) carry on, except in a licensed factory, any of the following processes, namely,
(i) dividing into its component parts, or otherwise breaking up or unmaking, any explosive,

(ii) making fit for use any damaged explosive, or

(iii) remaking, altering or repairing any explosive.

R.S., c. E-15, s. 5; 1974-75-76, c. 60, s. 3.


It would seem so, as the regulations don't allow for the possession of tracer rounds
 
I can't see anything there either.

So, because they're not included in the definition of safety cartridges, they're illegal? Seems like a bit of a stretch.

Tracer compound is not "explosive". I don't see any other definitions which include tracer there.
 
I don't think that their definition would stand up in court. The tracer element of a projectile is initiated by the burning action by the propellent in the cartridge case, not by an "explosion", but as the regulations say in Para 2 Interpretation;

http://laws.justice.gc.ca/en/C.R.C.-C.599/FullText.html


“explosive substance” means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable by chemical reaction of producing a gas at a temperature, pressure and speed that could cause damage to the surrounding structures and infrastructure and includes a pyrotechnic substance even if the pyrotechnic substance does not produce a gas; (matière explosive)



The base of a tracer is fitted with a pyrotechnic composition that is designed to burn not "detonate" and "cause damage to the surrounding structures and infrastructure". The definition is a catch all, which I'm sure a well chosen lawyer could defeat.

Does anyone remember of any incidence in the past where somebody was charged with possession of a tracer? During my career I have disposed of tons of SAA (Small Arms Ammuntion) confiscated by various police forces in Canada and never once heard about anyone charged with possession of tracers. It could be that the police have hard enough time remembering the detailed laws on firearms much less travelling in to the explosives act.

I am also sure that if they want you bad enough, some over zealous young policeman could dig this up.
 
I highly doubt that you would be charged for possessing tracer ammunition, but the definition, Act, and Regulations are quite clear. As Onagoth pointed out above, possession of ANY explosive (ammunition included) is prohibited unless as specifically exempted by the Act and Regs. It was very cleverly written.

The Regulations have exemptions in them for the manufacture, sale, possession, use, and importation of what they have defined as "safety cartridges". In their definition it very specifically excludes tracers. There is no grey area about it, and no loophole around it that I have found.

As for LEOs finding you with tracers, I can almost guarantee that even if they know what a tracer is they will not know something as obscure as them being excluded from the definition of a "safety cartridge" under the Explosives Regulations. But, as I said, not a lawyer nor do I play one. Some people wanted to hear it from the horse's mouth and here it is.
 
The interesting about that act is that it would appear to be the origin of the "hollow-point handgun ammo is illegal in Canada" myth.
 
Yep, and it's worth noting that restriction no longer applies (as of 2004 if I'm not mistaken). Yet it's still shocking how many times you can walk into a gun shop, ask if they have HP pistol ammo, and they tell you it's illegal and think you want to shoot at cops. :rolleyes:
 
AK said:
Yep, and it's worth noting that restriction no longer applies (as of 2004 if I'm not mistaken). Yet it's still shocking how many times you can walk into a gun shop, ask if they have HP pistol ammo, and they tell you it's illegal and think you want to shoot at cops. :rolleyes:
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From that chart it looks like you still can't import it for personal use but commercial import with a permit is fine.

I wonder which nanny-state bureaucrat injected that, considering there's no way hollow points should have any place in an act concerned with explosives.
 
I agree since the bullet itself is inert.

That chart though is actually wrong, I don't think anyone's ever thought of updating it. I have a letter dated May of 04 I think from the Chief Inspector of Explosives that states there is no longer a restriction on the importation of hollow point handgun ammunition. If necessary I may be able to scan and upload it when I return home in a few weeks, should anyone think it may be useful.
 
AK said:
I had a meeting today with the Explosives Regulatory Division to go over a few things not firearms related. During the conversation I inquired as to the recent importation of 7.62x39mm tracers that were allegedly pulled off the shelves and why that was done. Here is the answer, which I'm sure is bound to be unpopular...

Tracer ammunition is illegal under the Explosives Regulations.

While SOR/98-462 Part 5 (Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted) doesn't make mention of tracers, the explosives laws in Canada are written so that you cannot possess an explosive unless it is authorized in the Act or Regulations. Ammunition, as you and I know it, is defined in the Explosives Regulations (C.R.C., c. 599) section 2 (Interpretation) as follows:


This is where tracers get excluded from lawful possession under ordinary circumstances.

What does this mean for tracer ammunition already in the country? It is still unlawful to possess, import, store, or sell under the Explosives Regulations. If you have any, what you do with it is up to you. I'm not a lawyer nor do I play one on the internet, but if I had any I frankly wouldn't be rushing to the nearest bridge to dump it in the river. If you wish to see the regulations amended to include tracer ammunition under the definition of safety cartridge, you may want to begin by speaking to your shooting sports association to lobby for change.

This post is just an FYI. Please don't shoot the messenger. Thanks.
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Sorry to bring back an old thread. I find this interesting. The regulations (i.e. not the act) state that a safety cartridge cannot be a tracer. it does not state that tracers are illegal. It would simply mean NRCAN would have to either create a new class, or place tracers into another class.

What is interesting is that there seems to be a lot of "illegal" ammo in Canada (i.e. not approved) but no one at NRCAN will do anything about it.

Second fiddle indeed. In the last stakeholders report, 2003, they clearly placed ammo in the "afterthought" category.
 
CanAm said:
.......it does not state that tracers are illegal. It would simply mean NRCAN would have to either create a new class, or place tracers into another class.
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After having read the regulations several times on this subject - I have to agree with this line of thinking. It does not clearly state that tracer (by definition, or NAME) ammunition is illegal to possess.
 
If something is not declared illegal in the laws, it is legal. Tracer ammunition is not mentionned in the law as illegal therefore it is legal. NRCAN , like many government branch, is full of know-little busybodies that have to justify their jobs by creating ever more red tape...
 
Tracer ammunition is not specifically prohibited by OIC but that does not make it legal.

FACT: The law prohibits you from possessing ANY explosive, period. Except where it says somewhere in the law that you are allowed to.

PROHIBITED ACTIVITIES
Manufacture, use, etc.

6. Except as authorized under this Act and subject to such exemptions as may be provided by regulation, no person shall
(a) make or manufacture explosives either wholly or in part except in a licensed factory;
(b) sell any authorized explosive unless that person is the operator of a licensed factory or licensed magazine and is authorized to sell explosives;
(c) store any explosive in a magazine that is not a licensed magazine;
(d) have in his possession any explosive; or
(e) carry on, except in a licensed factory, any of the following processes, namely,
(i) dividing into its component parts, or otherwise breaking up or unmaking, any explosive,
(ii) making fit for use any damaged explosive, or
(iii) remaking, altering or repairing any explosive.

R.S., c. E-15, s. 5; 1974-75-76, c. 60, s. 3.
http://laws.justice.gc.ca/en/E-17/FullText.html
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The Explosives Regulations then go on to make exceptions for the explosives that we use, such as ammunition. In the Explosives Regulations, ammunition is defined as a "safety cartridge" and said to specifically exclude tracer ammunition. Since the Explosives Regulations don't make an exception for tracer ammunition, Section 6 of the Explosives Act applies and you are prohibited from possessing it.

This was already stated second post into this thread.
 
I would have to agree with Stevo: the tracer element is not an explosive or propellant but a pyrotechnic coumpound much like road flares... Pyrotechnic compounds in common use can be exempt from regulation regarding posession (exemples: matches, road flares, emergency flares, family type fireworks, party popers, toy gun caps, etc) while still falling under NRCAN jurisdiction when it come to acceptance into Canada (most of those items must pass NRCAN inspections and require a manufacturing permit or an import permit). Up to now, tracer ammunition has been considered OK for general use and possession by the public as it does not pose any danger special for the users or for the public... Maybe there was a change of policy at NRCAN but the laws does not specifically ban tracer ammunition like it does for explosive ammunition under 20mm or incendiary ammunition.
 
Shrapnel said:
I would have to agree with Stevo: the tracer element is not an explosive or propellant but a pyrotechnic coumpound much like road flares... Pyrotechnic compounds in common use can be exempt from regulation regarding posession (exemples: matches, road flares, emergency flares, family type fireworks, party popers, toy gun caps, etc) while still falling under NRCAN jurisdiction when it come to acceptance into Canada (most of those items must pass NRCAN inspections and require a manufacturing permit or an import permit). Up to now, tracer ammunition has been considered OK for general use and possession by the public as it does not pose any danger special for the users or for the public... Maybe there was a change of policy at NRCAN but the laws does not specifically ban tracer ammunition like it does for explosive ammunition under 20mm or incendiary ammunition.
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The regulations, not the act, state that tracer ammo, and others, cannot be considered "safety cartridges" but they are not banned.
 
I don't know why folks insist on arguing with someone who has been in the explosives industry for 14 years. I might happen to know a little more on the subject than you do.

I'll repeat this very simple concept that is in black and white in the Explosives Act: YOU ARE NOT ALLOWED TO POSSESS ANY EXPLOSIVE, PERIOD, FULL STOP. That means all explosives, for your purposes, are BANNED. The Regulations make EXCEPTIONS for you to have explosives, and ONLY through those exceptions are things legal. This is not the United States where everything goes until the government says it's not; NOTHING goes here, until the government says it DOES.

Road flares don't explode either but they are regulated as an explosive. Model rocket engines don't explode but are regulated as an explosive. Tracer composition is most certainly pyrotechnic (consisting of a metallic peroxide, magnesium, and binders) and is most certainly regulated by the Explosives Act and Regulations.
 
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