2016-01-04



Dear Readers AND President Obama, Senators and Congresspersons of the USA

Perhaps no need to reinvent the wheel. Here is info and significant parts of Canadian applications [very extensive] for firearm aquisition and possession [courtesy of

Special Ops Officer/ Ottowa, Canada.]

This is the compliance required and forms each person in Canada wishing to own a firearm has to not only fill out, but

the answers to which have to be vetted by authorities before firearm can be purchased/ registered/ possessed. It covers

Mental health, domestic violence, addiction, and more. I’ve bolded some of the most relevant paragraphs.

Canada is said to vet applications hard, and is said to have a much lower rate of homocides and mass shootings though having many gun owners. The idea put forth is that the vetting process though not perfect, has far more breadth and depth than those in some other nations where gun violence is much higher. Also Canada, as you will read below has restrictions on what kinds of firearms can be owned. For the full many pages of info and applications, Google Canadian Firearm Law and Applications, and it will bring many many more pages to your view.

Here is the info about how/why/where/what/who re gun acquisition:

The control of firearms in Canada is predominantly governed by the Firearms Act, the Criminal Code, and their subordinate regulations. The Criminal Code defines the main categories of firearms, which include restricted, prohibited, and non-restricted firearms. The Firearms Act regulates the possession, transport, and storage of firearms.

Canadian law has both licensing and registration requirements for the possession and acquisition of firearms.
These requirements are administered by the Royal Canadian Mounted Police (RCMP) through the Canadian Firearms Program (CFP).

Applicants are required to pass safety tests before they can be eligible for a firearms license.

Applicants are also subject to background checks, which take into account criminal, mental health, addiction, and domestic violence records.

Overview of Firearms-Control Laws and Regulations

At the federal level in Canada, firearms are predominantly regulated by the Firearms Act[1] and Part III of the Criminal Code.[2] Apart from these federal laws, “[p]rovinces, territories or municipalities may have additional laws and regulations that apply in their jurisdiction. For example, provinces are responsible for regulating hunting.”[3]

Categories of Firearms

The Criminal Code identifies “the various firearms, weapons and devices regulated by the Firearms Act.”[4] The Code classifies firearms into three categories: restricted,[5] prohibited,[6] and non-restricted.[7] Non-restricted firearms “include ordinary shotguns and rifles, such as those commonly used for hunting. But some military type rifles and shotguns are prohibited.”[8] Restricted firearms include “certain handguns and some semi-automatic long guns (not all semi-automatic long guns are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 millimeters, or 26 inches, are also restricted.”[9] Prohibited firearms “include most 32 and 25 caliber handguns and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK 47 are also prohibited.”[10]

Note also that “antique firearms are not considered firearms for licensing and registration purposes.”[11]

Licensing and Registration Requirements

1. Licensing and Permits

The Firearms Act and its supporting regulations govern the possession, transport, and storage of firearms. The Act stipulates the rules for possessing and acquiring a firearm, which include both licensing and registration requirements. A person must have a valid firearms license to possess or acquire firearms as well as ammunition. A firearms license is issued to a license holder if he or she has “met certain public-safety criteria and is allowed to possess and use firearms.”

According to the RCMP website, “[i]ndividuals must be at least 18 years old to get a licence that will allow them to own or to acquire a firearm,”[16] known as a Possession and Acquisition Licence, or PAL. Applicants seeking to acquire a license for non-restricted firearms are required to pass the Canadian Firearms Safety Course (CFSC) tests.[17] If applicants are applying for a license for restricted or prohibited firearms they must pass the Canadian Restricted Firearms Safety Course (CRFC) tests in addition to the CFSC.

The PAL is the only license now available to new applicants over eighteen years old. An existing Possession-Only License, or POL, can be renewed, but new ones have not been issued since 2001. According to the Canadian Bar Association (CBA), “[a] Possession-Only Licence lets you use firearms already registered to you. It also lets you borrow firearms of the same class as the ones you own.”

Minors aged twelve to seventeen can get a minor’s license that will “allow them to possess a non-restricted rifle or shotgun, but a licensed adult must be responsible for the firearm.” Applicants must also complete the Canadian Firearms Safety Course and pass the test in order to get a minor’s license.

A PAL can be issued for a firearm of any class (non-restricted, restricted, and prohibited). However, possessing or acquiring restricted[23] or prohibited firearms is subject to very stringent requirements. The general rule is that restricted and prohibited firearms must be possessed in the holder’s residence (or at a place authorized by a chief firearms officer), as recorded in the Firearms Registry. According to the Act, a restricted or prohibited firearm can be transported and used under very strict and specific circumstances, including among others “for use in target practice, or a target shooting competition.”

Under the Firearms Act and its regulations, a person can carry a restricted firearm or prohibited handgun, whether concealed or unconcealed, only in very limited circumstances. In most cases, a permit known as an Authorization to Carry (ATC) is required, such as when “an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation” or to protect life.

According to the RCMP, persons are allowed to possess only certain prohibited firearms “if they had one registered in their name when it became prohibited, and they have continuously held a valid registration certificate for that type of prohibited firearm from December 1, 1998, onward.” Moreover, a PAL “allows an individual to acquire only prohibited firearms in the same categories as the ones currently registered to them, and only if the firearms they wish to acquire were registered in Canada on December 1, 1998.” Restricted or prohibited firearms must also be “verified by an approved verifier if they are being transferred to a new owner and have not been previously verified.”

Firearms licenses are “generally valid for five years, and must be renewed before they expire.” It is the license holder’s responsibility to apply for a license renewal.

2. Registration

Under the Firearms Act, all restricted and prohibited firearms must be registered.[33] After April 2012, pursuant to amending legislation, non-restricted firearms no longer have to be registered. However, “due to a Court Order issued by the Quebec Superior Court, residents of Quebec are still required to register non-restricted firearms.”

All licensing and registration is managed by the Royal Canadian Mounted Police’s Canadian Firearms Program (CFP). The CFP manages the Canadian Firearms Registry.

Criminal and Psychiatric Checks

According to section 5(1) of the Firearms Act, “[a] person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm.” Therefore, “[a]n applicant for a firearm licence in Canada must pass background checks which consider criminal, mental, addiction and domestic violence records.” Besides criminal checks, in order to determine eligibility under the Act, authorities must consider whether within the previous five years the applicant

has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise

and whether or not the person was confined to such a hospital, institute or clinic, that was associated with

violence or threatened or attempted violence on the part of the person against any person; or

has a history of behavior that includes violence or threatened or attempted violence on the part of the

person against any person.[40]
In addition to background checks, “third party character references for each gun licence applicant are required.”

Applicants are screened using
a two-tiered process. According to a 2010 evaluation report on Canada’s Firearms Program, “

his process entails submitting an application requesting that the applicant provide detailed personal information; when this application is assessed by the CFP, special attention is given to those applying for a Prohibited and Restricted Firearm License.” Moreover, all applicants are also “screened on an on-going basis through the provisions of ‘continuous eligibility’, a monitoring function that has a licensee ‘flagged’ for a review of their license should a matter of public safety arise after they have obtained their license.”

Storage, Transportation, and Display of Firearms

Regulations supporting the Firearms Act also stipulate specific rules “for storing, transporting and displaying firearms safely to deter loss, theft and accidents. Provinces may have additional regulatory requirements.”

All firearms have to be unloaded when stored. Non-restricted firearms must be secured with a locking device, “such as a trigger lock or cable lock (or remove the bolt) so the firearms cannot be fired,” or the firearm must be locked “in a cabinet, container or room that is difficult to break into.”[45] Restricted and prohibited firearms must be secured with locking devices and be kept in a cabinet, container, or room, or must be kept “in a vault, safe or room that was built or modified specifically to store firearms safely.”[46] Separate rules apply for displaying firearms in a home.[47]

Non-restricted firearms “must be unloaded during transportation.” Restricted and prohibited firearms must be unloaded and secured with locking devices and locked in a “sturdy, non-transparent container.” Moreover, bolts and or bolt carriers must be removed from automatic firearms (if removable). Also, for restricted and prohibited firearms an Authorization to Transport permit must be obtained.

Criminal Sanctions

Both the Firearms Act and the Criminal Code contain offenses and penalties for the “illegal possession or misuse of a firearm.”[51] Section 91(1) of the Criminal Code criminalizes the possession of a firearm without a license and registration certificate.[52] The Code also contains provisions on the use of firearms or imitation firearms in the commission of an offense,[53] careless use of firearms,[54] pointing of a firearm,[55] improper storage,[56] and the failure to report a lost or found firearm.[57] The Code also contains provisions for certain possession/use, trafficking, assembly, and import/export offenses.

In addition, the Firearms Act includes offenses such as contravening conditions of a license, registration certificate, or authorization;[58] making false statements to procure a license, registration certificate, or authorization; and defacing or altering a license, registration certificate, or authorization.

Impact

Numerous studies have been conducted to assess the impact of Canada’s firearms legislation on firearms-related deaths. Studies have attempted to evaluate three different periods of reform, which involved Bill C-51 in 1977, Bill C-17 in 1991, and Bill C-68 in 1995.

According to a 1988 study, “the use of firearms in Canadian homicides has declined since the legislative changes in gun control and capital punishment in late 1976.”

…A 2004 study looking at the impact of the Firearms Act on suicide found that “[a] decrease in firearm suicides was most noticeable in the under-25 age group, although it was in this same age group that the general suicide rate increased the most. The reduction of firearm suicides was not accompanied by a decrease in overall suicide rates.”[65] Another study found that “

here is no discernable impact on public safety by the firearm program”[66] instituted by the Firearms Act.

A 2004 study found “a significant decrease after passage of Bill C-17 [in 1991] in the rates of suicides and homicides involving firearms and the percentage of suicides using firearms.”[68] However, more recent studies appear to present a mixed picture…

According to 2010 data available at Statistics Canada, over the past thirty years firearm-related homicides have continued to decline. Moreover, “[m]uch of the decline in firearm-related homicide since the early 1980’s can be attributed to a decrease in homicides involving a rifle or shotgun.” According to 2011 data,

here were 158 homicides committed with a firearm in 2011, 13 fewer than the previous year. The 2011 rate of

0.46 firearm homicides per 100,000 population was the lowest in almost 50 years. The recent decline in the rate

of firearm homicides is mainly due to a drop in the rate of homicides committed with a handgun, which has fallen

nearly 30% over the past four years. However, handguns still accounted for about two-thirds of all firearms used

to commit homicide in 2011.

Distribution of Firearms

According to the 2007 Small Arms Survey, Canada was then ranked thirteenth in the world out of 178 countries surveyed in civilian gun ownership, with a ratio of 23.8 firearms per 100 people. At that time, the estimated total number of guns held by civilians in Canada was 9,950,000.

According to data of the RCMP, as of September 2012 Canadians held 1,927,693 valid licenses for firearms, which equates to 5,758 licenses per 100,000 population.[78] In 2011, the RCMP reported that there were 7,861,902 firearms registered to individuals and businesses.

****************************************************************************************
And here is a part of the very long application forms which also asks for names of spouse /former partner re the person’s application to buy and possess firearms.

Information Sheet: Application for a Possession and Acquisition Licence Under

the Firearms Act (for Individuals Aged 18 and Over)

Ce formulaire est disponible en français.
Before you start…

–Use this form if you are an individual aged 18 and over to

apply:

–for a first time licence,

–for a new licence if your current licence has expired,

–for a Possession and Acquisition Licence (PAL) for a

different class of firearm,

–for a Possession and Acquisition Licence (PAL) if you

currently have a Possession Only Licence (POL).

Do not use this form to apply to renew your still existing

and valid firearms licence. Call 1 800 xxx-xxxx and ask

for form “Application for Renewal of a Firearms Licence”

(RCMP GRC 5614).

Please note:

You must complete all sections of the form. An

incomplete form will cause delays in processing your

application.

Processing a firearms licence application involves a variety

of background checks.

In some cases, in-depth

investigations are conducted.

We require a minimum of

forty-five (45) days to process your application.

Once your licence application has been fully processed

and you have met the eligibility criteria, you will be issued a

Possession and Acquisition Licence (PAL).

There is a minimum 28-day waiting period for all applicants

who do not presently hold a valid firearms licence.

A PAL is valid for a period of five (5) years.

Safety Training

If you are applying for a Possession and Acquisition Licence

(PAL) for non-restricted firearms, you must have passed the

test for the Canadian Firearms Safety Course (CFSC).

If you are applying for a PAL for restricted firearms, you must have

passed two safety tests:

–the CFSC

–and the Canadian Restricted Firearms Safety Course (CRFSC).

See Section

G – Safety Training Certification for further information, or call

1 800 xxx-xxxx.

If you need additional space, list all information requested

on a separate sheet of paper, add your name and licence

number (if applicable) to the top of each sheet and attach the

sheet to your application.

Please note that individuals that currently possess firearms

or intend to purchase firearms and/or ammunition must

have a valid firearms licence.

The following information explains certain parts of the

form and will help you answer some of the questions. You

should read the instructions as you fill in your form. If you

are still unsure about a question, call 1 800 xxx xxxx for

assistance.

Mail your completed application form and all attachments to:

Royal Canadian Mounted Police

P.O. xxxxxxx

xxxxxx xxxxx

A – Licence Information

Box 2 b)

Note: The licence issued to you and fees are based on the

firearms you currently possess and the firearms you intend

to acquire and possess.

In general, you cannot request possession and acquisition

of prohibited firearms unless you already lawfully possess

a prohibited firearm and are changing your licence from a

Firearm Acquisition Certificate (FAC) or Possession Only

Licence (POL) to a Possession and Acquisition Licence (PAL).

If you are applying for a licence to acquire a prohibited

handgun manufactured before 1946, please call

1 800 xxx xxxx for further information.

The following definitions may help you complete Box 2.

–an ordinary rifle, shotgun or combination gun that is not

described below as being restricted or prohibited.

A restricted firearm is:

–a handgun that is not a prohibited firearm;

–a semi-automatic, centre-fire rifle or shotgun with a barrel

length less than 470 mm (18.5 inches) that is not prohibited;

–a rifle or shotgun that can fire when its overall length is

reduced by folding, telescoping or some other means to less

than 660 mm (26 inches);

–any firearm prescribed as restricted (including some long

guns).

A non-restricted firearm is:

If you need help completing this application form or require

another form, call 1 800 xxx xxxx. Additional information and

some application forms are also available on our Web site.

The following information explains certain parts of the

form and will help you answer some of the questions. You

should read the instructions as you fill in your form. If you

are still unsure about a question, call 1 800 xxx xxxx for

assistance.

Mail your completed application form and all attachments to:

Royal Canadian Mounted Police

P.O. Box xxxxx

xxxxxxxxxxxxxx

RCMP GRC 5592e (2014-09-10) Instruction page 1 of 4
Information Sheet: Application for a Possession and Acquisition Licence Under the

Firearms Act (for Individuals Aged 18 and Over)

A prohibited firearm is:

–a handgun with a barrel length of 105 mm (4.1 inches) or

less;

–a handgun designed or adapted to discharge 25 or 32 calibre

ammunition;

–a rifle or shotgun that has been altered to make it less than

660 mm (26 inches) in overall length;

–a rifle or shotgun that has been altered to make the barrel

length less than 457 mm (18 inches) where the overall

firearm length is 660 mm (26 inches) or more;

–an automatic firearm and a converted automatic firearm;

–any firearm prescribed as prohibited.

Visit our Web site for a list of firearms restricted or prohibited

under Criminal Code regulations.

Box 3
Aboriginal Peoples of Canada Adaptations Regulations

(Firearms)

Regulations that apply particularly to Aboriginal Peoples have

been made under the Firearms Act. To apply under these

regulations, you must:

–be an Indian, an Inuit, a Métis or beneficiary under a land

claims agreement referred to in section 35 of the Constitution

Act, 1982;

–be a member of an Aboriginal community; and

engage in the traditional hunting practices of that Aboriginal

community.

If you are applying under these Regulations and require a form,

call 1 800 xxx xxxx for further information and ask for an

“Aboriginal Peoples of Canada Adaptations Regulations

(Firearms) Application” (RCMP GRC 5642).

B – Personal Information

Boxes 5 a), b) and c)

–Please do not use initials or nicknames.

–Your last, first and middle name must be written in full.

–Junior (Jr.) or Senior (Sr.)

can only be used if they form part of your legal name.

–If Junior (Jr.) or Senior (Sr.) form part of your legal name please provide

a photocopy of an official piece of documentation issued by a

municipal, provincial or federal government that bears your full

name.

Box 6

–If you have changed your name several times, please indicate

the most recent previous name on the form

–and list all other previously used names on a separate sheet.

–Return this sheet

with your completed application.

Proof of Identity

Box 13 a) Type of identification

–Print the type of identification used to prove your identity.

For example, if you use your provincial or territorial driver’s licence,

print “Driver’s licence” in Box 13 a).

Examples of other types of identification you may use to

prove your identity are:

–Federal, provincial, territorial or municipal employee

identification card

–Passport

–Birth certificate

–Citizenship certificate

–Permanent resident document

Do not send original documents or photocopies with your

application. Only provide the information requested.

Home Address

Box 14 a) Street or land location

–If you live in a rural area and do not have an address with a

street number and name, provide your rural address (for

example: lot and concession number).

–If you live on a reserve,

provide the reserve number,

–or if you live in an Inuit community,

provide your house number, box number or lot number.

–If your legal land location is unavailable please provide a general

description of your home location e.g. 2 km east of route 6.

C – Personal History
All questions in Section C – Personal History must be answered

by all applicants.

New Canadian Residents

If you have been a resident of Canada for less than 5 years

you must obtain a letter of good conduct issued by the local or

state police of your previous country of residence.

Non-Residents of Canada

–If you are a non-resident of Canada you must obtain a letter of

good conduct issued by your local or state police.

Letter of Good Conduct Required for New Canadian

Residents and Non-Residents of Canada Only

–A letter of good conduct must be written in the English or

French language on the police department’s official letter head

paper.

–Please attach the letter to your application form.

RCMP GRC 5592e (2014-09-10) Instruction page 2 of 4

Information Sheet: Application for a Possession and Acquisition Licence Under the

Firearms Act (for Individuals Aged 18 and Over)

Boxes 18 and 19
–The signatures of your current or former conjugal partners is

not legally required. However, if their signatures is not

provided, the Chief Firearms Officer has a duty to notify them

of your application for a firearms licence.

G – Safety Training Certification

Box 20 a)
–To get a Possession and Acquisition Licence (PAL) for nonrestricted

firearms, you must have passed the test for the

Canadian Firearms Safety Course (CFSC). Complete Box 20

a) if this applies to you.

Box 20 b)

To get a Possession and Acquisition Licence for restricted or

prohibited firearms, you must have passed two safety tests: the

Canadian Firearms Safety Course (CFSC) and the Canadian

Restricted Firearms Safety Course (CRFSC).

–Complete Box 20

–b) if this applies to you. Note: If you passed the CFSC before

February 1, 1999 you are considered to have met both these

requirements.

–If you have your Canadian Firearms Safety Course Report,

provide a photocopy of this document with your application.

Box 20 c)

–In the provinces of Manitoba and Quebec only, many hunter

safety or similar courses taken prior to 1995 were approved as

being equal to the CFSC requirement. If this applies to you,

complete Box 20 c), including the name of the course. If you

are unsure, call 1 800 xxx xxxx.

Chief Firearms Officers have the authority to alternatively

certify that you meet the requirements regarding the safe

handling and use of firearms and the laws relating to firearms.

–To qualify for alternative certification, you must have been in

continuous possession of a firearm since January 1, 1979.

–If you have proof that you were alternately certified, check YES in

Box 20 c)

–and provide a photocopy of it with your application.

E and F – Information About Current and Former

Conjugal Partners
Conjugal partner includes spouses and common law partners

and all other persons with whom you live or have lived in a

similar relationship within the last 2 years.

–A spouse is a person to whom you are legally married.

–A common-law partner is a person who is cohabiting with you in

a conjugal relationship, having so cohabited for a period of at

least one year.

J – Fees

The fees are based on the firearms you currently possess and

the firearms you intend to acquire and possess.

The fee for a Possession and Acquisition Licence depends on

the class of firearms you are applying to acquire and already

possess as indicated in Section A – License Information. If you

have indicated either restricted or prohibited firearms in Box 2,

the fee is $80. Otherwise, the fee is $60. The fee is nonrefundable.

I – Photo Guarantor

A photo guarantor is a person who confirms that the

photograph you supply accurately identifies you. Your photo

guarantor must have known you for at least one (1) year and

must be at least 18 years old. Your spouse or your commonlaw

or other conjugal partner or one of your references can be

your guarantor.

You must provide a current photograph of yourself. Your

guarantor must sign his or her name on the enclosed photo

sticker.

Refer to the Photo Instructions below for more details.

RCMP GRC 5592e (2014-09-10) Instruction page 3 of 4

Information Sheet: Application for a Possession and Acquisition Licence Under the

Firearms Act (for Individuals Aged 18 and Over)

RCMP GRC 5592e (2014-09-10) Instruction page 4 of 4

Photo Instructions

…photograph

must meet the following criteria:

–Show a full front view of your head and shoulders.

–Use a plain, contrasting background without shadows.

–Do not wear a hat or sunglasses.

–Your eyes should be

clearly visible and should not appear to be red.

–The photo should have been taken within the last twelve

(12) months.

Size: the photo should be no larger than 45 mm x 57 mm

(1 3/4″ x 2 1/4″). Your head in the photograph must be at

least 30 mm (1 3/16″) high.

The photo must be original, not taken from an existing

photo.

[There are four more pages of info that must be submitted, that I’ve not put here, mainly about addresses and phone numbers, etc.} Then this form proceeds to this:

It is an offence under section 106 of the Firearms Act to knowingly make a false or misleading statement, either orally or in writing, or to knowingly fail

to disclose relevant information, for the purpose of obtaining a licence.

I declare that the information provided on this form and on any attachment(s) is true and correct to the best of my knowledge and that the

The post USA Can Control Guns Far Better: COPY CANADA’S Criminal/Mental Health Requirements appeared first on The Moderate Voice.

Show more