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  #1  
Old 10-28-2004, 11:45 AM
Lending a Firearm
 
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Default Lending a Firearm

Under this fiascal of gun registration, am I allowed to lend a firearm to another person who does not have a PAL as long as I am supervising that person during its' use (ie: duck hunting where we are within arms reach of each other?)

This is frustrating trying to get a straight answer from the powers to be!>:
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  #2  
Old 10-28-2004, 03:16 PM
Rub Sign
 
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As far as I understand it, the only unlicensed person to whom you can lend a firearm is a Minor (person 12 to 17 years of age, or sustenance hunter under 12 years of age), provided the person is under your (a licensed adult) immediate supervison such that you can prevent the firearm from being used unsafely or illegally. Otherwise, the person borrowing must possess either a PAL or POL.
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  #3  
Old 10-30-2004, 02:47 PM
chuck403
 
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It is perfectly legal to lend your firearm to your friend as long as he is under your direct supervision, which as you described, he will be. This applies to range use as well as hunting.

Have fun.
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  #4  
Old 11-15-2004, 10:51 PM
Sooners
 
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Default Canadian Firearms Centre has your answer

Stu,

I updated my address with CFC online after moving provinces. While reading about the FAC in general, this site states you need an FAC to own or to use:

"As of January 1, 2001, you need a valid firearms licence or Firearms Acquisition Certificate (FAC) to own or to use a firearm in Canada, or to acquire a firearm or ammunition by any means, including as a gift. The licence is renewable every five years."

POL is no longer available except for renewal.
PAL is same price.

see this page www.cfc.gc.ca/info_for-re...wner_e.asp
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  #5  
Old 11-17-2004, 07:28 PM
osterb
 
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Default Re: Canadian Firearms Centre has your answer

You need to be within arms length "directly" supervising them during use. They cannot leave your supervision with the gun nor can they borrow it etc.
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  #6  
Old 11-17-2004, 07:35 PM
Sooners
 
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Default Can you direct me to documentation of that?

Where are you finding this in writing please? The CFC website states that you must have a PAL to use a firearm in Canada. It seems pretty straightforward.
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  #7  
Old 11-17-2004, 07:45 PM
borrowing lis.
 
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Default borrowing lis.

so what the hell is a borrrowing lis. for tell me that reading this i am so confused now two threads are alike.hummm
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  #8  
Old 11-17-2004, 08:15 PM
Sooners
 
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Default Borrowing is for eligible minors

See the other thread on Minor's license for an explanation of borrowing.

I'm still looking for documentation on lending to someone 18 or over (as I've evidently caused a friend of mine to be breaking the law this season).
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  #9  
Old 11-18-2004, 03:28 PM
Chessie Dog
 
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Default Re: Borrowing is for eligible minors

OK, I just phoned both the Canadian Firearms Centre and the Provincial Firearms advisory. Here is what I got with respect to "lending/borrowing" a firearm for ages 18+.

An adult does not need a PAL, POL or FAC to borrow a firearm provided the lender of that firearm is within arms length of the person. The statement quoted above from Sooners refers to lending a firearm if the "borrower" is going to take the firearm for his/her use somewhere other than with the "lender". In that case, the "borrower" needs to be in possession of a license.

Another interesting fact is that each province has its own interpretation of what constitutes "direct supervision".

Chessie Dog (formerly Just Ducky)
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  #10  
Old 11-18-2004, 09:47 PM
Sooners
 
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Default I'm still not sure this is closed out...

Chessie, was wondering what you'd do about your name after hanging four deer...

Anyways, I did some digging and found this in the Firearms Act.

Under Offences, Section 112.(1) seems to say that I can't possess a non-restricted firearm that I don't have the registration for [I added the bold below], unless subsection (2) applies.

Section 112.(2) says if either (a), (b), or (c) applies, I'm okay possessing a firearm that I don't have the registration for. It doesn't say that I don't need a PAL though. Subsection (a) refers to the direct supervision thing. But I don't see where I don't need a PAL. It just says I'm exempt from subsection (1). Anybody else?

Copied from the Firearms Act

"112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm.

Exceptions
(2) Subsection (1) does not apply to

(a) a person who possesses a firearm while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it;

(b) a person who comes into possession of a firearm by operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it or obtains a registration certificate for it; or

(c) a person who possesses a firearm and who is not the holder of a registration certificate for the firearm if the person

(i) has borrowed the firearm,

(ii) is the holder of a licence under which the person may possess it, and

(iii) is in possession of the firearm to hunt or trap in order to sustain himself or herself or his or her family."
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