Unregistered Walther P38

jimmyjazz

jimmyjazz

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I have a friend whose uncle passed away a few months ago.
Going through his stuff they came across an old Walther P-38, they know for sure he has never had a PAL or FAC so they called me to see if I wanted to buy it.

This is the question, I do have a PAL for restricted - so can I call in a pistol that as far as we know has never been registered in Canada or will they just confiscate it??
I would like to keep it as it is in great shape.

Any input would be appreciated.
 
There was an amnesty a few years ago when you could officially register a restricted handgun. While the amnesty is over I believe they are still allowing registering of restricteds. If it was prohibited then no deal. The P38 should be fine.

Fill out a newly imported registration form from the CFC web site and have the gun verified by an approved verifier.
 
Because it is an estate situation, the executor might be the one to initiate the process. Don't know about using "recently imported", because it pretty clearly isn't. If it were recently imported, the importation would have ben done in an other than approved manner.
 
Thanks for the input.

A little nervous about calling it in since he never had any permits I would hate to be the one to call only to find it it was "borrowed" from someone else's collection and some how jeopardize my collection since I am now the one in possesion of it???
 
Perhaps that is why someone connected with the estate should make the call. Liquidation of an estate covers this sort of situation.
 
The executor of the will is allowed to possess the firearms of the estate without a PAL. I would think that the best way to minimize your exposure would be to have the executor contact CFC.

If you could be close at hand while that call is being made, that would prevent CFC from trying to screw the estate over and confiscate the gun without just cause.
 
tiriaq said:
Don't know about using "recently imported", because it pretty clearly isn't. If it were recently imported, the importation would have ben done in an other than approved manner.
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This is the only form they had to put a gun into the new system. They said to use this form during the amnesty and afterward. I have verified a previously unregistered handgun (P38 actually) that was put into the system this way.


CAFC 998 - Application to Register Firearms (for Individuals)

* PDF Fillable PDF Format
* For firearms you have newly imported or acquired other than by transfer since December 1, 1998.​
 
the_kiD said:
amnesty expired in just in May...i think, check the CFC website.
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This has nothing to do with the long gun amnesty. When C68 came into force on December 1, 1998 there was an amnesty to register previously unregistered restricted firearms. I think the amnesty was on for about a year or so. There was more to it, but it ender. The amnesty protected you from prosecution during that time. The registrar could at that time register the unregistered gun as they can do now but technically you could be charged in some cases for having an unregistered gun.

The registrar has been registering these guns since it then puts the gun under there control where before it wasn't.
 
I have gone through the estate process with 2 firearms my father owned.

As I understood the process at the time, the executor (my mother) didn't want the firearms and wished to dispose of them. As the executor she has the ability by law to: sell them, gave them away as a gift, donate them to a museum, or turn them over to the police without the need for a PAL. The executor is kinda grandfathered these rights for the time it takes to dispose of the firearms.

Same should apply to your situation. And I believe that a "found" unregistered handgun can become registered firearm, but the executor needs to contact the CFC and explain what's going on. I bet CFC deals with these cases frequently, and unless you're a risk the registration and transfer will go through. Check the CFC website and make a call.....

That's all we had to do and the firearm are in my safe.

The executor has to do something with the firearm, he/she cannot keep without a valid restricted PAL.
 
jimmyjazz said:
I have a friend whose uncle passed away a few months ago.
Going through his stuff they came across an old Walther P-38, they know for sure he has never had a PAL or FAC so they called me to see if I wanted to buy it.

This is the question, I do have a PAL for restricted - so can I call in a pistol that as far as we know has never been registered in Canada or will they just confiscate it??
I would like to keep it as it is in great shape.

Any input would be appreciated.
Click to expand...

Have your friend contact the NFA immediately. They have a quite good pamphlet explaining the process.

DO NOT contact the CFC or police first, as they tend to have very little to no actual knowledge of the law.

It's kind of a dirty little secret, but it has ALWAYS been possible to register NPR (not previously registered) restricted guns.

Don't bother trying to do this with prohibs however as the "authorities" like to "pump up" their arrest & seizure statistics..... Witness the well known case @ 10 years ago in Saskatchewan.
 
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coltfan said:
Executor is only allowed to posses legal items.....an unregistered restricted firearm is an illegal item..
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That is false.

"Criminal Code section [CC s.] 91(4)(d) authorizes the executor of an estate to take possession of any firearm (including a prohibited or restricted firearm). The executor can possess it until he "with reasonable dispatch, lawfully disposes thereof or obtains a firearms acquisition certificate under which he could lawfully have acquired the firearm." CC s. 92(4)(b) is the same provision, and operates in the same manner."

Ask the NFA. http://www.nfa.ca/content/view/40/199/
 
Wendell said:
That is false.

"Criminal Code section [CC s.] 91(4)(d) authorizes the executor of an estate to take possession of any firearm (including a prohibited or restricted firearm). The executor can possess it until he "with reasonable dispatch, lawfully disposes thereof or obtains a firearms acquisition certificate under which he could lawfully have acquired the firearm." CC s. 92(4)(b) is the same provision, and operates in the same manner."

Ask the NFA. http://www.nfa.ca/content/view/40/199/
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Yup, I'd tend to go with that one, since if the executor could not legally possess 'any firearm' it wouldn't have been possible in the past to register previously non-registered firearms... ;)
 
Also, since a person is appointed executor they cannot be held responsible for possesion of illegal goods through the estate - this would be like inheriting a criminal act. The estate is the entity that owns the item, the executor is the person who controls the entity, while connected they remain seperate.
 
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