Home compiled proof of antique status

[H Wally]

First off, this is not meant to be a legal document, it's just how I arrange my paperwork in order to educate anyone wanting proof that I can own and shoot an antique without RCMP paperwork. I decided to gather all this info because of how difficult it is getting to recieve antique status paperwork from the CFC. Plus it's got parts of the antique law so that the curious individual can have all the needed information in one place. I realise this is basically a rehash of the antique regulations, but hopefully it's in a way that people can use for their own proof of antique status.

It basically falls into three parts:
1) introduction
2) antique law
3) Specifics regarding the antique in question. It's a good idea to have part 3 on its own page so that I can just print part 1 and 2 then add part 3 depending on which antique you want to shoot.


#1) Introduction

1) Dear Sir or Madam,
The accompanying item is an antique gun under Canadian and American law and as such is not subject to any firearms laws or restrictions. That permits the holder to discharge or carry it anywhere a non-restricted firearm may be discharged or carried. For reference to Canadian Fireams law, see part 2. For reference to specific information on the antique and how to determine it is classified as such, see part 3.



2) Antique law - make sure to include links to the websites you got the law from in case they want to compare your info against another source.






http ://w ww.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/antique-historique-eng.htm

Antique Firearms Fact Sheet
If you own or wish to acquire an antique firearm, here is some information you should know about how the Firearms Act applies to firearms that meet the definition of an antique, as set out in the Criminal Code and the Criminal Code Regulations.

The Definition of an Antique
The Criminal Code defines antique firearms as:

•firearms manufactured before 1898 that were not designed or re-designed to discharge rim-fire or centre-fire ammunition, or
•firearms prescribed as antique firearms in the Criminal Code regulations. These are:
Black Powder Reproductions:
of flintlock, wheel-lock or matchlock firearms, other than handguns, manufactured after 1897; (All other reproductions must be registered and owners must have a firearm licence to possess them. For example, reproductions of percussion cap muzzle-loading firearms like American Civil War Enfield and Springfield rifles will be considered firearms and not antiques.)

Rifles:

•manufactured before 1898 that can discharge only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges;
•manufactured before 1898 that can discharge centre-fire cartridges (whether with a smooth or rifled bore), have a bore diameter of 8.3 mm or greater, measured from land to land in the case of a rifled bore, with the exception of a repeating firearm fed by any type of cartridge magazine

Shotguns:

•manufactured before 1898 that can discharge only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges;
•manufactured before 1898 that can discharge centre-fire cartridges, other than 10, 12, 16, 20, 28, or 410 gauge cartridges

Handguns:

•manufactured before 1898 that can discharge only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges;
•manufactured before 1898 that can discharge centre-fire cartridges, other than a handgun designed or adapted to discharge 32 Short Colt, 32 Long Colt, 32 Smith and Wesson, 32 Smith and Wesson Long, 32-20 Winchester, 38 Smith and Wesson; 38 Short Colt, 38 Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt cartridges

Top of PageLicensing and Registration Requirements
If you own only antique firearms you do not need to:

•get a firearms licence; or
•register any of your antique firearms.
Selling Antique Firearms
There are no restrictions on selling, buying, bartering or giving away your antique firearms.

Safety Regulations
Under the Firearms Act, antique firearms must be stored, displayed and transported unloaded.

If you are transporting your antique firearms and need to leave them unattended*, leave them in your vehicle’s locked trunk or similar compartment. If your vehicle does not have a trunk or compartment, lock the vehicle and leave the antique firearms inside and out of sight.

Antique handguns must be locked in a heavy-duty, non-see-through container that cannot be easily broken open during transportation.

* Unattended means a vehicle that is not under the direct and immediate supervision of an adult (18 years of age or older) or a minor (with a minor’s licence).


Top of PageReplicas of Antique Firearms
Although replica firearms are made to look like the original, they are distinct from reproductions or antiques. Replicas look the same, but are different because they cannot discharge projectiles at all, or can discharge only harmless projectiles. (Devices that discharge projectiles that can cause serious bodily injury are not replicas).

Replicas of antiques are not considered firearms. Under the law they will be treated the same as antiques.

http://w ww.cfc-cafc.gc.ca/factsheets/antique_e.asp

Regulations Prescribing Antique Firearms
Regulations Prescribing Antique Firearms
SOR/98-464

CRIMINAL CODE
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to the definitions “prescribed”a and “antique firearm”a in subsection 84(1) and to subsection 117.15(1)a of the Criminal Code, hereby makes the annexed Regulations Prescribing Antique Firearms.

a S.C. 1995, c. 39, s. 139

Registration September 16, 1998

REGULATIONS PRESCRIBING ANTIQUE FIREARMS

PRESCRIPTION

1. The firearms listed in the schedule are antique firearms for the purposes of paragraph (b) of the definition “antique firearm” in subsection 84(1) of the Criminal Code.

COMING INTO FORCE

2. These Regulations come into force on December 1, 1998.

SOR/98-472, s. 3.

SCHEDULE

(Section 1)

BLACK POWDER REPRODUCTIONS

1. A reproduction of a flintlock, wheel-lock or matchlock firearm, other than a handgun, manufactured after 1897.

RIFLES

2. A rifle manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.

3. A rifle manufactured before 1898 that is capable of discharging centre-fire cartridges, whether with a smooth or rifled bore, having a bore diameter of 8.3 mm or greater, measured from land to land in the case of a rifled bore, with the exception of a repeating firearm fed by any type of cartridge magazine.

SHOTGUNS

4. A shotgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.

5. A shotgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than 10, 12, 16, 20, 28 or 410 gauge cartridges.

HANDGUNS

6. A handgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.

7. A handgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than a handgun designed or adapted to discharge 32 Short Colt, 32 Long Colt, 32 Smith and Wesson, 32 Smith and Wesson Long, 32-20 Winchester, 38 Smith and Wesson, 38 Short Colt, 38 Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt cartridges.

#3) Gun in question's details and how it pertains to antique status

Antique carries serial number ******* which according to book ________ and http://www.proofhouse.com/index.htm lists it as manufactured in 18XX. In accordance to section _________ this qualifies as an antique.

Antique is chambered in _______ caliber, which according to section _______ qualifies it as an antique.

Etc etc etc.

 

[Win 38-55]

Thanks for taking the time to post this. It will give others a template from which to work. For myself, I don't print out the entire law, but the reference and the specific part I want. I also reduce the size of the print so as to get it all on a smaller piece of paper, single page, double-sided.

 

[H Wally]

No problemo.

I usually don't print out all of this, but it's handy to choose from. Mainly what I look for is A) proof that antiques aren't guns and B) the section that describes what is and isn't an antique and C) proof that antiques are not treated as restricted firearms, despite being non-guns. The rest of the law is icing on the cake.