Prohibited Inheritance

Rupert

Rupert

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Peterborough
Hello all,

My grandfather has a snub nose S&W .38 special made in the early 1940's (1942 I believe). As he is getting older now (84 yrs young) his grandchildren (me and cousins) are getting into the sport as to avoid his lifetime collection being turned over to the government to be destroyed. My question is, I remember something about prohibited guns made before a certain date (I think it is 1945 or 46?) could be inherited or passed down to family members. Am I on the right track or am I totally wrong and this pistol will be destroyed.

Thanks guys
Rupert
 
Next of kin of grandfathered individuals

(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun.​
 
Yeah, you don't have to destroy them if no one in your family can inherit. Sell to anyone with a 12(6) licence.
 
mtallman said:
So, when you inherit a 12(6) handgun as 12(7), do they send you a new PAL with it on the back?
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I have the same question. I just take a WW2 Luger from my father next week. But I don't receive a new PAL saying I'm now a 12(7). I still have the one with restricted... Do I have a new PAL?

Please answer!:cool:
 
john@ said:
Yeah, you don't have to destroy them if no one in your family can inherit. Sell to anyone with a 12(6) licence.
Click to expand...

My grandfather, cousins and myself would like to keep them in the family if we can rather than sell them. When transfered does the new owner (family member) receive a new PAL with prohibited status?
 
Rupert said:
My grandfather, cousins and myself would like to keep them in the family if we can rather than sell them. When transfered does the new owner (family member) receive a new PAL with prohibited status?
Click to expand...

From my reading, you will have the 12(7) status on your PAL. This allows you to posses the inherited firearms(s) only, and you can not acquire more prohibited firearms unless you inherit them.
 
Rupert said:
My grandfather, cousins and myself would like to keep them in the family if we can rather than sell them. When transfered does the new owner (family member) receive a new PAL with prohibited status?
Click to expand...

No, the old ones before 1946 don't require prohib status when transferred within immediate family, that is the only reason you get to keep it. You can't get prohib status without an act of god or a helluva lot more work than that these days.

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/will-testament-eng.htm

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/prohibited-prohibe-eng.htm

Can I acquire a prohibited firearm if I am not grandfathered?
No you cannot:

Exception: If you are not grandfathered, the only prohibited firearms you may possess or acquire are handguns with a barrel length of 105 mm or less or that discharge .25 or .32 calibre ammunition, and only if all of the following criteria are met:

•the handgun was made before 1946, and
•the handgun was registered in Canada on December 1, 1998, and
•you are the child, grandchild, brother, sister or spouse of the lawful owner, and
•you are acquiring it for an approved purpose such as target shooting or as part of a collection.

In these circumstances, you can lawfully possess the handgun in question, but you are not grandfathered or authorized to acquire more prohibited handguns.
Click to expand...
 
On a related note, how would it work if someone inherits an old prohib SMG from WWII? If they and the previous owner were never licensed, could it still be sold to a collector with the right prohib license?
 
I just went throught this three months ago with an FN 1900 .32 cal. You will get the 12(7) status on a NEWLY issued license (you must have a restricted license currently). It will say on the back: non-restricted,restricted and 12(7) inherited prohibited.
 
tlavoie said:
On a related note, how would it work if someone inherits an old prohib SMG from WWII? If they and the previous owner were never licensed, could it still be sold to a collector with the right prohib license?
Click to expand...

NO, If it has never been registered then it is contraband, BUT it can still be disposed of legally without turning it in for destruction;
1. Strip of all usable parts and sell them (destroy or turn in the prohibited receiver).
2. Dewat and sell to a collector.
 
Lee Enfield said:
NO, If it has never been registered then it is contraband, BUT it can still be disposed of legally without turning it in for destruction;
1. Strip of all usable parts and sell them (destroy or turn in the prohibited receiver).
2. Dewat and sell to a collector.
Click to expand...

Ah, OK thanks.
 
BIGHUNT said:
I just went throught this three months ago with an FN 1900 .32 cal. You will get the 12(7) status on a NEWLY issued license (you must have a restricted license currently). It will say on the back: non-restricted,restricted and 12(7) inherited prohibited.
Click to expand...

How long does it take to receive the newly Pal? One, two, three months?
 
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