Here is a summary of the Canadian laws regarding antique firearms.Note the section detailing "Prescribed Antique Firearms". Hope this helps.
http://www.nfa.ca/content/view/150/199/http://www.nfa.ca/content/view/150/199/
Criminal Code section (CC s.) 84(3) says, in part:
For the purposes of (CC) sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:
(a) any antique firearm...
Therefore, no FAC, licence, ATT, ATC, registration certificate, transfer procedure, or documentation is required for any transfer, transportation, or possession of any "antique firearm." Also, as CC s. 84(3) says, nothing in the Firearms Act applies to any "antique firearm."
That also applies to an "antique firearm" that is also a "prohibited firearm" or a "restricted firearm." Yes, that odd pairing can and does happen!
a) any antique firearm [emphasis added throughout]...
Therefore, under the previous legislation, any antique firearm became a "firearm" and a "restricted weapon" or a "prohibited weapon" (if it met the CC s. 84(1) physical characteristic list for such a designation) at the moment the possessor formed an intention to discharge it.
Under the current legislation, "any antique firearm" (including, apparently, a loaded one) is not a "firearm" for the following purposes:
1. Firearms Act: None of the provisions of the Firearms Act, including those requiring registration, licences, ATTs and/or ATCs, apply to any "antique firearm."
2. CC s. 91 and 92: Possession of any "antique firearm" without a licence or registration certificate is legal.
3. CC s. 93: Possession of any "antique firearm" at any location is legal.
4. CC s. 94: Being in a motor vehicle with any "antique firearm" is legal.
5. CC s. 95: Being in possession of a loaded "antique firearm" (which is also a "restricted firearm" or a "prohibited firearm"), or one with readily accessible ammunition is legal even if the person is not the holder of any licence, registration certificate, ATT, or ATC.
6. CC s. 99: Transferring or offering to transfer any "antique firearm" is legal.
7. CC s. 100: Dealing in any type of any "antique firearm" is legal.
8. CC s. 101: Transferring any "antique firearm" is legal if the transfer apparently violates the Firearms Act.
9. CC s. 103 and 104: Importing or exporting any "antique firearm" is legal.
10. CC s. 105: Not reporting the loss or finding of any "antique firearm" is legal.
11. CC s. 106 and 107: Not reporting the destruction of any "antique firearm" is legal, and knowingly making a false report of that type to a firearms official or the police is legal.
12. CC s. 117.03: A peace officer who finds a person in possession of any "antique firearm" is not authorized to demand that the person present a licence, registration certificate, ATT, and/or ATC.
On the other hand, an "antique firearm" is still a "firearm" for the purposes of all sections of the Criminal Code other than those listed above. For example, an "antique firearm" is a "firearm" for the purposes of CC s. 85 (using while committing an offence), 86 (storage and transportation rules -- but the rules for "antique firearms" are very mild), 87 (points a firearm at another person), 88 (possession for a purpose dangerous to the public peace), 89 (possession at or on the way to a public meeting, and 90 (carrying a weapon [see CC s. 2 "weapon" and "firearm"] concealed).
Criminal Code section [CC s.] 84(1) "antique firearm" defines "any firearm manufactured before 1898 that was not designed to discharge rimfire or centre-fire ammunition and that has not been redesigned to discharge such ammunition" as an "antique firearm" [emphasis added].
The C-68 Firearms Act section 84(1) definition of "antique firearm" includes "any firearm that is prescribed by Order in Council [OIC]) to be an antique firearm" [emphasis added].
Bill C-68 is very defective legislation, and it is our duty to test it in the fires of work-to-rule. They wrote this defective legislation, and we must enforce -- to the letter -- the requirements that firearms control bureaaucrats have to comply with. Watch for many NFA information in this area.
Current version: as posted between Nov 28, 2008 and Jun 16, 2009
URL:
http://www.canlii.org/en/ca/laws/regu/sor-98-464/latest/Currency:
Last updated from the Justice Laws Web Site on 2009-06-16
Regulations Prescribing Antique Firearms
Regulations Prescribing Antique Firearms
SOR/98-464
CRIMINAL CODE
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to the definitions “prescribed” and “antique firearm”a in subsection 84(1) and to subsection 117.15(1)a of the Criminal Code, hereby makes the annexed Regulations Prescribing Antique Firearms.
a S.C. 1995, c. 39, s. 139
Registration September 16, 1998
REGULATIONS PRESCRIBING ANTIQUE FIREARMS
PRESCRIPTION
1. The firearms listed in the schedule are antique firearms for the purposes of paragraph (b) of the definition “antique firearm” in subsection 84(1) of the Criminal Code.
COMING INTO FORCE
2. These Regulations come into force on December 1, 1998.
SOR/98-472, s. 3.
SCHEDULE
(Section 1)
BLACK POWDER REPRODUCTIONS
1. A reproduction of a flintlock, wheel-lock or matchlock firearm, other than a handgun, manufactured after 1897.
RIFLES
2. A rifle manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
3. A rifle manufactured before 1898 that is capable of discharging centre-fire cartridges, whether with a smooth or rifled bore, having a bore diameter of 8.3 mm or greater, measured from land to land in the case of a rifled bore, with the exception of a repeating firearm fed by any type of cartridge magazine.
SHOTGUNS
4. A shotgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
5. A shotgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than 10, 12, 16, 20, 28 or 410 gauge cartridges.
HANDGUNS
6. A handgun manufactured before 1898 that is capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
7. A handgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than a handgun designed or adapted to discharge 32 Short Colt, 32 Long Colt, 32 Smith and Wesson, 32 Smith and Wesson Long, 32-20 Winchester, 38 Smith and Wesson, 38 Short Colt, 38 Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt cartridges.
http://laws.justice.gc.ca/en/showdoc...chorbo-ga:s_14
ANTIQUE FIREARMS
14. (1) An individual may store, display or transport an antique firearm only if it is unloaded.
(2) An individual may transport an antique firearm in an unattended vehicle only if
(a) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the antique firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
(b) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the antique firearm is not visible from outside the vehicle and the vehicle, or the part that contains the antique firearm, is securely locked.
(3) An individual may transport an antique firearm that is a handgun only if it is in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation.