History of firearm laws in Canada

Controls on civilian use of firearms date from the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause.[7] Criminal Code of Canada amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid 1990s, significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.[8] As of September 2010, the Canadian Firearms Program recorded a total of 1,831,327 valid firearm licences, which is roughly 5.4% of the Canadian population. The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.[9] In 2005 almost 3% of households in Canada possessed handguns, compared to 18% of U.S. households that possessed handguns.[10] In 2005 almost 16% of households in Canada possessed firearms of some kind.[10]

The following is a summary of the history of gun control laws in Canada:[11][12]

The federal Parliament instituted a system of gun control in the North-West Territories in 1885 to hinder the Red River Rebellion for Metis rights. Permission in writing from the territorial government was needed to possess any firearm (other than a smooth-bore shotgun), and also ammunition. Possession of a firearm or ammunition without the necessary permit was an offence, and could lead to the forfeiture of the firearm and ammunition.[13] These gun control provisions applied to all of what is now Alberta, Saskatchewan, parts of Manitoba, the current Northwest Territories, Yukon, and Nunavut.
The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 16. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial attorneys general.
In 1947, the offence of “constructive murder” was added to the Criminal Code for offences resulting in death, when the offender carried a firearm. This offence was struck down as unconstitutional by the Supreme Court of Canada in a 1987 case called R. v. Vaillancourt.
Automatic weapons were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” firearms. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that firearms that belonged to an individual endangered the safety of society.
In 1977, Bill C-51 required firearms acquisition certificates (FACs) to purchase any firearm, and introduced controls on the selling of ammunition. Applicants were required to pass a basic criminal record check before receiving the FAC.
In 1991, Bill C-17 tightened up restrictions and established controls on numerous firearms with military background. Legislation also made changes to the FAC system. FAC applicants were now required to pass a firearms safety course, and a thorough background check, and wait a minimum of 28 days after applying for an FAC before being issued.

Finally, in addition to the above changes, laws were put into place that restricted ownership of high-capacity magazines: limiting handguns to ten rounds, and most semi-automatic centre-fire rifles to five rounds. Legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with possession-only licences (POLs) and possession and acquisition licences (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was part of a policy exercise by the Liberal Party of Canada so as to appear to be "tougher" on guns than Prime Minister Kim Campbell, and thus defeat her in the 1993 election.[14]

In 2001, the registration portion of Bill C-68 was implemented. The government asks for all firearms, including long-guns (rifles and shotguns), to be registered.
In 2003, the registration of long-guns becomes mandatory. Failure to register a firearm now results in criminal charges.
As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2011) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.[15]
In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the bill would have abolished the requirement to register non-restricted long guns. While the proposed legislation was a private member's bill, it had the support of the Conservative government. The bill was referred to the House of Commons Committee on Public Safety for further action. However, after several months of hearings, the Opposition majority on the committee recommended that no further action be taken to advance the bill. In September 2010 Bill C-391 failed to pass a third reading.
On October 25, 2011, Public Safety Minister Vic Toews introduced a bill to amend the Criminal Code and the Firearms Act, to abolish the long-gun registry and destroy all records.
On February 15, 2012, Bill C-19 passed third reading in the House of Commons; the motion to abolish the long-gun registry passed 159 to 130 and Bill C-19 became law.