Legality of an unlicensed person holding a firearm in a store?

Prior to receiving my RPAL/PAL last month I had the following experience at my local Cabela’s:

Being a polite, “normal” looking person, they allowed me to examine the non-restricted firearms with trigger locks in place. However, I was informed that I would need to have my RPAL in hand before I was allowed to check out the pistols, etc...

Great customer service and I’m now the proud owner of a Norinco 1911 in 9mm and a Winchester SXP with two barrels... and a Ruger 22... and an 18” barreled custom-built AR platform rifle! Ha ha... but only the first 2 were purchased at the helpful Cabela’s!
 
I've worked in store on the firearms counter where there was no policy to ask for a licence to handle firearms. One day a guy while handling a pistol tried to make a run for the door. He was intercepted and thrown out. Next day new store policy to handle restricted firearms you need to produce a licence. Some guys get bent out of shape when you ask to produce a licence but what they don't realize is that each restricted is registered to that store and if one goes missing the store could loose their license. This is why stores ask to produce a license, not because they have a stick up their butt, its to cover their own ass. :)
 
The license is only "purchase and acquisition". As long as someone licensed is there with you, you can absolutely hold the firearm. But ultimately you're at the mercy of the person at the counter helping you.
 
Only store policy and it's up to them.
I was in a big store near Orillia once and was looking for a Smith part and they wanted to see my RPAL before they would even take me to the handgun section. It was just their policy at the time.
 
I was in Cabela's last night to buy a gun safe. I asked the associate if I'd be able to look into some of my options for a first gun without having my PAL yet. He said I'd be able to look at them but couldn't handle them.

No arguments from me, that guy was very helpful.
 
I found that its only the large stores have this policy in place. And also now that I'm not a young kid anymore, most places are okay with letting you handle a gun for inspection. I wouldn't want to buy a gun that a bunch of twenty year olds have been dry firing and slamming around before me.
 
TheGoodLife said:
I've worked in store on the firearms counter where there was no policy to ask for a licence to handle firearms. One day a guy while handling a pistol tried to make a run for the door. He was intercepted and thrown out. Next day new store policy to handle restricted firearms you need to produce a licence. Some guys get bent out of shape when you ask to produce a licence but what they don't realize is that each restricted is registered to that store and if one goes missing the store could loose their license. This is why stores ask to produce a license, not because they have a stick up their butt, its to cover their own ass. :)
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That makes a lot of sense...I would not have a problem with it if they did not know me..
 
EZTRGT said:
Hey Guys,

Getting my license soon and was preshopping for my first pistol. The store I had visited said I couldn't hold the pistol I was interested in due to the fact that I am unlicensed. However, the other store I had visited earlier let me examine anything I wanted to. And to top it off, the guy said that they were a gun store, but it was okay to ask to see anything I wanted - don't be shy.

I guess i already know the answer, considering I shot 100 rounds at the range with a SO at my side and that's a lot different from just looking at a locked pistol, but is is legal for an unlicensed person to examine a firearm in a store?

Thanks
EZTRGT
Kyle
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Does one have to produce a Valid Drivers Lic. to take a vehicle from a dealership for a test drive?
No brainer it would seem.
Rob
 
FLHTCUI said:
Does one have to produce a Valid Drivers Lic. to take a vehicle from a dealership for a test drive?
No brainer it would seem.
Rob
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Apples and oranges sir.

But I totally get the security aspect of it and understand that certain stores have their policies and the right to enforce them.

The smart stores make the sales tho. Flaherty's will sell you anything without a license. All you have to do is pay for it in full and they release it when you show them a PAL/RPAL. If you fail to secure your license, they'll issue you a store credit. Buyer beware, right?

But maybe a new shooter gets to secure a firearm so that the day their license arrives, they can pick up or get started on the transfer of their new firearm and its already in stock awaiting them. It can suck when you see the one you want in the store only to see it sell the day before your license arrives. And the store gets a sale, even if it turns out not to be a firearm in the end.

Cheers,
EZTRGT
Kyle
 
1/4" aircraft cable secured under/to counter...lock through eyelet on cable and trigger guard?
Smaller version works on cell phones and portable computers...
Don't tell me the computer geeks are better at practical knowledge than outdoorsy types?!
 
Scarb67 said:
1/4" aircraft cable secured under/to counter...lock through eyelet on cable and trigger guard?
Smaller version works on cell phones and portable computers...
Don't tell me the computer geeks are better at practical knowledge than outdoorsy types?!
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The provincial CFO's would not approve. Its not about preventing theft, its about preventing quick use. Also, would you want to purchase a new pistol that has the bluing rubbed off where the cable is attached?
 
So, I was in a store the other day that I hadn't been in for a while. Up until this past visit I was never asked to show my license nor did I ever hear them ask anyone else, right up until the item was actually being purchased. If you were just checking something out it was never asked to be shown.

I don't know what changed but this time the first thing they said to me and every other customer in the store was NOT the usual "how may I help you". This time every conversation started with "can you get out your firearms license so I can have a look at it".

Not too impressed because he had no clue yet why I was even there. So my response was "no, I won't give you my license until, or if, I actually need to".

There was a father and son in the store. The son had recently taken his PAL course and wanted to look at a couple guns to get an idea what he wanted to get as soon as his PAL arrived.

Sales clerk would NOT hand the son a gun. He had the father show his license and only handed the firearms to the father.

The father speaks up and asks how his son is going to know if he likes the gun or not if they won't let him hold it. He even tells the sales clerk that it's perfectly legal to let his son handle it.

Legal or not, it's against our policy to hand a firearm to someone without a license, says Mr. sales clerk. He continues to tell the father "you can hand it to him BUT he's under YOUR direct supervision, not mine".

WTF?? I'm thinking to myself. Have things actually gotten this ridiculous?
 
StoneHorse said:
The provincial CFO's would not approve. Its not about preventing theft, its about preventing quick use. Also, would you want to purchase a new pistol that has the bluing rubbed off where the cable is attached?
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Lets get practical and move forward with the base plan by saying trigger lock instead of guard? Lets say the cable has the nylon sheath? Lets have them insist we all wear non slip gloves so there aren't any hand prints on the next persons new gun (cuts down on hand sanitizer too) ?

I would ponder whether the store clerk was stepping back by handing the gun to the father, maybe hoping the father would point out that he could by law hand the gun to his son? Clerk doesn't hand the gun to an unlicensed person...unlicensed person gets the gun from another licensed person to have an actual look.
CYA...clerk asks the dad to hand it back over the counter once "he" is done looking at it.
 
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I was at Tenda to try out a non restricted rifle after got notified my PAL details before it arrives my mailbox. Got told by a guy, the manager, can't touch it even they verified my PAL info online and confirmed my identity with my driver license. I only can look over the counter to "exam" and "feel" the rifle. Not even gonna help to place order while I was in store, need to do it online.
 
Some stores don't let you handle without showing your license simply to keep the looky-loos and gawkers away who have no intention or capability of buying a gun.

My local Cabela's for instance will let anyone handle an non restricted, but it as soon as you ask to see a pistol, they want to see your RPAL.
 
EZTRGT said:
Hey Guys,

Getting my license soon and was preshopping for my first pistol. The store I had visited said I couldn't hold the pistol I was interested in due to the fact that I am unlicensed. However, the other store I had visited earlier let me examine anything I wanted to. And to top it off, the guy said that they were a gun store, but it was okay to ask to see anything I wanted - don't be shy.

I guess i already know the answer, considering I shot 100 rounds at the range with a SO at my side and that's a lot different from just looking at a locked pistol, but is is legal for an unlicensed person to examine a firearm in a store?

Thanks
EZTRGT
Kyle
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It's legal to hold the gun, because you should be under supervision of the employee. However, if the employee has his head on a swivel, or is juggling multiple customers, the store (or employee) may have a policy of not allowing unlicensed people to hold the firearm. But there's nothing against that in the Firearms Act.
 
EZTRGT said:
Hey Guys,

Getting my license soon and was preshopping for my first pistol. The store I had visited said I couldn't hold the pistol I was interested in due to the fact that I am unlicensed. However, the other store I had visited earlier let me examine anything I wanted to. And to top it off, the guy said that they were a gun store, but it was okay to ask to see anything I wanted - don't be shy.

I guess i already know the answer, considering I shot 100 rounds at the range with a SO at my side and that's a lot different from just looking at a locked pistol, but is is legal for an unlicensed person to examine a firearm in a store?

Thanks
EZTRGT
Kyle
Click to expand...

For all we know...it is possible that both clerks in both stores are both correct.

Generally speaking, the law provides for an unlicensed person to handle or use a firearm while 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.

See Section 91 of the Criminal Code:

Unauthorized possession of firearm

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.

Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

Marginal note:punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Marginal note: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.

(5) [Repealed, 2012, c. 6, s. 2]

R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4; 2012, c. 6, s. 2; 2015, c. 27, s. 19.


<https://laws-lois.justice.gc.ca/eng/acts/C-46/page-19.html#h-39>
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Having said that, a business with a business (firearms) license may have extra conditions (on their license) of which we might be unaware. If a business has extra conditions, they might be bound by them.

Firearms Licences Regulations (SOR/98-199)
<https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-199/index.html>
 
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I wouldn't be too hard on stores not wanting someone to handle any gun without a PAL or RPAL. If the customer is some thug with big muscles from weight lifting in the prison gym, is the average clerk going to stop him from walking out the door with it, or hopping over the counter to grab ammo. We don't want to give Libs excuses to make it tougher on everybody.
 
EL34/6L6 said:
Some stores don't let you handle without showing your license simply to keep the looky-loos and gawkers away who have no intention or capability of buying a gun.

My local Cabela's for instance will let anyone handle an non restricted, but it as soon as you ask to see a pistol, they want to see your RPAL.
Click to expand...

In my limited experience with Cabelas, license or no license, they won't remove the triggerlock either.

Maybe they've seen one of these video clips:


 
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