carrying an antique handgun

[coldestcanuck]

Thanks all. I've been packing one or the other of my antiques in the bush for many years and am well aware of the controversies. that is why I was looking for information that would verify what the FA seems to imply. Thanks for your responses.

 

[dingus]

Just get and carry a set of the Storage Display and transport Regs READ Them Re READ them again then READ them one more time it takes reading them 3 or 4 times to see antique handguns are not a problem! they state that sections 5 thru to I think its 13 DO NOT APPLY to antiques which by default makes them legal to have where any none Res firearms can be used.
I called the BC CFO office in surry 10 years ago about this very issiue and asked can I target shoot with my antique handgun where I shoot my none res rifles. they had a 2Hr metting and then told me yes the way the storage display and transport regs are written the answer is yes. they said just carry a set of the storage Transport and display regs and something to prove your gun is a prescribed antique. so unless things have changed then its still the same,
But I notice the Transport and USE regs are hard to find you would think with all the MOD input in this thred someone could STICKY that and only that info in a sticky no one can post in there making a thred 42 pages long so its imposible to find it !
I always carry a set of theses regs with me.
The CFOs did not want to tell me it was AOK they argued about this for hours before I got the call and a AOK.
Remember the only reason to carry a antique handgun in the Bush in B.C is you like to target shoot in remoat locations.
you cant have it for hunting not in B.C anyway. and don't conceal it either!
Sure like to see a sticky with theses Regs posted so this question does not come up every 3 months.
This is what you need to read and carry . And See Section 2 in Application! part (5) that's the key to reading the regulations is section 5 to 13 do not apply to antiques!!!

Storage, Display, Transportation and Handling of Firearms by Individuals Regulations

SOR/98-209

(5) Sections 5 to 13 do not apply to antique firearms.

Heres more info...


Application

2 (1) These Regulations do not apply to members of any of the following classes of persons who are acting in the course of their duties or for the purposes of their employment:

(a) peace officers;


(b) members of the Canadian Forces or of the armed forces of a state other than Canada who are attached or seconded to any of the Canadian Forces;


(c) persons training to become police officers or peace officers under the control and supervision of

(i) a police force, or


(ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province;



(d) members of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who are authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms;


(e) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers; and


(f) chief firearms officers or firearms officers.



(2) These Regulations do not apply to the transportation or handling of a restricted firearm or a prohibited handgun by an individual in accordance with an authorization issued under section 20 of the Act, including any conditions attached to the authorization, who is carrying it

(a) to protect the life of that individual or of other individuals; or


(b) for use in connection with his or her lawful profession or occupation.



(3) [Repealed, SOR/2004-277, s. 2]


(4) Sections 10 and 14 do not apply to firearms that are used or handled by an individual in the course of hunting from a vehicle in a location in circumstances in which it is lawful for that individual to hunt from that vehicle in that location.


(5) Sections 5 to 13 do not apply to antique firearms.


SOR/2004-277, s. 2.

3 These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

SOR/2004-277, s. 3.

 

[dingus]

Heres the entire thing with all the sections cut out that do not apply to antique firearms.
Be nice if this and just this could be put into a sticky eh .
Yes I know its hard to understand but whats new about that.
Print this and keep it with you.


Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
SOR/98-209

FIREARMS ACT

Registration 1998-03-24

Storage, Display, Transportation and Handling of Firearms by Individuals Regulations

P.C. 1998-484 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had the proposed Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order;

Return to footnote aS.C. 1995, c. 39

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 117(h), (i) and (o) of the Firearms Acta, hereby makes the annexed Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

Interpretation
1 The definitions in this section apply in these Regulations.

Act
Act means the Firearms Act. (Loi)

muzzle-loading firearm
muzzle-loading firearm does not include a handgun. (arme à feu à chargement par la bouche)

non-restricted firearm
non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

post
post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (poster)

prohibited handgun
prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

secure locking device
secure locking device means a device

(a) that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination; and

(b) that, when applied to a firearm, prevents the firearm from being discharged. (dispositif de verrouillage sécuritaire)

transmit by post
transmit by post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (transmission postale)

unattended
unattended, in respect of a vehicle, means that the vehicle is not under the direct and immediate supervision of a person who is 18 years of age or older or to whom a licence has been issued under the Act. (non surveillé)

unloaded
unloaded, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm. (non chargée)

vehicle
vehicle means any conveyance that is used for transportation by water, land or air. (véhicule)

SOR/2004-277, s. 1.
Application
2 (1) These Regulations do not apply to members of any of the following classes of persons who are acting in the course of their duties or for the purposes of their employment:

(a) peace officers;

(b) members of the Canadian Forces or of the armed forces of a state other than Canada who are attached or seconded to any of the Canadian Forces;

(c) persons training to become police officers or peace officers under the control and supervision of

(i) a police force, or

(ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province;

(d) members of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who are authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms;

(e) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers; and

(f) chief firearms officers or firearms officers.

(2) These Regulations do not apply to the transportation or handling of a restricted firearm or a prohibited handgun by an individual in accordance with an authorization issued under section 20 of the Act, including any conditions attached to the authorization, who is carrying it

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

(3) [Repealed, SOR/2004-277, s. 2]

(4) Sections 10 and 14 do not apply to firearms that are used or handled by an individual in the course of hunting from a vehicle in a location in circumstances in which it is lawful for that individual to hunt from that vehicle in that location.

(5) Sections 5 to 13 do not apply to antique firearms.

SOR/2004-277, s. 2.
3 These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

SOR/2004-277, s. 3.
Antique Firearms
14 (1) An individual may store, display or transport an antique firearm only if it is unloaded.

(2) An individual may transport an antique firearm in an unattended vehicle only if

(a) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the antique firearm is in that trunk or compartment and the trunk or compartment is securely locked; and

(b) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the antique firearm is not visible from outside the vehicle and the vehicle, or the part that contains the antique firearm, is securely locked.

(3) An individual may transport an antique firearm that is a handgun only if it is in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation.

Handling of Firearms
15 An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.

Shipping by Post
16 An individual may ship a firearm by posting it only if

(a) the firearm is a non-restricted firearm, restricted firearm or prohibited handgun;

(b) the destination is within Canada; and

(c) the firearm is posted using the most secure means of transmission by post that is offered by the Canada Post Corporation that includes the requirement to obtain a signature on delivery.

SOR/2004-277, s. 4.
Offence
17 For the purpose of paragraph 117(o) of the Act, it is an offence to contravene section 13.

Coming into Force
18 These Regulations come into force on December 1, 1998.

SOR/98-471, s. 19.

 

[coldestcanuck]

Heres the entire thing with all the sections cut out that do not apply to antique firearms.
Be nice if this and just this could be put into a sticky eh .
Yes I know its hard to understand but whats new about that.
Print this and keep it with you.


Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
SOR/98-209

FIREARMS ACT

Registration 1998-03-24

Storage, Display, Transportation and Handling of Firearms by Individuals Regulations

P.C. 1998-484 1998-03-24

Whereas, pursuant to section 118 of the Firearms ActFootnote a, the Minister of Justice had the proposed Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order;

Return to footnote aS.C. 1995, c. 39

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 117(h), (i) and (o) of the Firearms Acta, hereby makes the annexed Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

Interpretation
1 The definitions in this section apply in these Regulations.

Act
Act means the Firearms Act. (Loi)

muzzle-loading firearm
muzzle-loading firearm does not include a handgun. (arme à feu à chargement par la bouche)

non-restricted firearm
non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm. (arme à feu sans restrictions)

post
post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (poster)

prohibited handgun
prohibited handgun means a handgun under paragraph (a) of the definition prohibited firearm in subsection 84(1) of the Criminal Code. (arme de poing prohibée)

secure locking device
secure locking device means a device

(a) that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination; and

(b) that, when applied to a firearm, prevents the firearm from being discharged. (dispositif de verrouillage sécuritaire)

transmit by post
transmit by post has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (transmission postale)

unattended
unattended, in respect of a vehicle, means that the vehicle is not under the direct and immediate supervision of a person who is 18 years of age or older or to whom a licence has been issued under the Act. (non surveillé)

unloaded
unloaded, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm. (non chargée)

vehicle
vehicle means any conveyance that is used for transportation by water, land or air. (véhicule)

SOR/2004-277, s. 1.
Application
2 (1) These Regulations do not apply to members of any of the following classes of persons who are acting in the course of their duties or for the purposes of their employment:

(a) peace officers;

(b) members of the Canadian Forces or of the armed forces of a state other than Canada who are attached or seconded to any of the Canadian Forces;

(c) persons training to become police officers or peace officers under the control and supervision of

(i) a police force, or

(ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province;

(d) members of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who are authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms;

(e) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed by the regulations made by the Governor in Council under Part III of the Criminal Code to be public officers; and

(f) chief firearms officers or firearms officers.

(2) These Regulations do not apply to the transportation or handling of a restricted firearm or a prohibited handgun by an individual in accordance with an authorization issued under section 20 of the Act, including any conditions attached to the authorization, who is carrying it

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

(3) [Repealed, SOR/2004-277, s. 2]

(4) Sections 10 and 14 do not apply to firearms that are used or handled by an individual in the course of hunting from a vehicle in a location in circumstances in which it is lawful for that individual to hunt from that vehicle in that location.

(5) Sections 5 to 13 do not apply to antique firearms.

SOR/2004-277, s. 2.
3 These Regulations do not apply to the storage and transportation of a non-restricted firearm, restricted firearm or prohibited handgun in the course of transmission by post within Canada from the time the firearm or handgun is posted to the time it is delivered to the addressee, within the meaning of subsection 2(2) of the Canada Post Corporation Act, or returned to the sender.

SOR/2004-277, s. 3.
Antique Firearms
14 (1) An individual may store, display or transport an antique firearm only if it is unloaded.

(2) An individual may transport an antique firearm in an unattended vehicle only if

(a) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the antique firearm is in that trunk or compartment and the trunk or compartment is securely locked; and

(b) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the antique firearm is not visible from outside the vehicle and the vehicle, or the part that contains the antique firearm, is securely locked.

(3) An individual may transport an antique firearm that is a handgun only if it is in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation.

Handling of Firearms
15 An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.

Shipping by Post
16 An individual may ship a firearm by posting it only if

(a) the firearm is a non-restricted firearm, restricted firearm or prohibited handgun;

(b) the destination is within Canada; and

(c) the firearm is posted using the most secure means of transmission by post that is offered by the Canada Post Corporation that includes the requirement to obtain a signature on delivery.

SOR/2004-277, s. 4.
Offence
17 For the purpose of paragraph 117(o) of the Act, it is an offence to contravene section 13.

Coming into Force
18 These Regulations come into force on December 1, 1998.

SOR/98-471, s. 19.

Thanks Dingus, I'm always discreet when I'm in the bush. Reason I posted in the first place was to try and find a simple reference for a coworker who was told in no uncertain terms by the CO that if he caught him in the bush with an antique h.g., he would seize the gun and arrest him. At least your post can show others where to look. I have printed copies of the pertinent regs that I always carry whenever I have one of my old timers with me.

 

[dingus]

Thanks Dingus, I'm always discreet when I'm in the bush. Reason I posted in the first place was to try and find a simple reference for a coworker who was told in no uncertain terms by the CO that if he caught him in the bush with an antique h.g., he would seize the gun and arrest him. At least your post can show others where to look. I have printed copies of the pertinent regs that I always carry whenever I have one of my old timers with me.

No problem, if I just went by what one CFO said I never would have got into antiques as much as I have. Also it depends how you ask and what you ask. They did not like me asking that question I could tell. but the laws the law on this.
After reading theses regs and going over this with a good lawyer as long as you were not doing something stupid with your antique gun then even if they did charge someone they would have a hard time getting a conviction based on theses storage display transport regs. It would depend on the situation what you were doing at the time.
But antiques can be used anywhere a none restricted firearm can be used except you cant hunt with a antique handgun so your reason for having it and shooting it better be target shooting.
Theres a reason that with the 100s of guys bush packing antiques in B.C alone that no ones been charged in the last 12 years that was just target shooting or carrying there antique around there camp holstered going by theses rules.
No ones been charged because its not illegal the way theses laws are and have been since 1998.
I would still do it and have some paperwork with me but I shoot at the range mainly theses days .
I never run into many people in the bush anyway, when I have my guns in a shoulder strap flap holster on the outside of my coat or shirt if its summer that way I can spin the holster behind me so they only see the strap and I always get off the trail with my Dogs people just want to get by quick when you have dogs or a dog. then once there past im off up the trail.

So be discreet and responsible is our best course of action.
By the way ive sold a lot of antique handguns to cops all across Canada, they like this rule as much as the rest of us I feel. there not all out to get us.