Prohibited Firearms

Scotty P. · #1 05-27-2010, 04:13 PM

My great uncle has a few guns that are clasified as prohibited. He has asked me if I would like to take possesion of these guns when he passes on (not for a long while hopefully). Now I'm waiting on a few phone calls back from the Canadian Firearms Center and the poilice to let me know what I need to do to make them leagal for me to own, but I'm wondering if anyone else has been in this situation and could let me know what I'm in for. Obviously I will not be permitted to own these guns in a working condition but I'm wondering if I can have the barrels plugged up and if so will this make them leagal for me to own? Would this have to be done before my uncle is gone or is this something I can do after? They would only be kept for sentimental reasons but I want to see if there is a legal way to do this. Any help is greatly appreciated. Thanks!

Ormachek · #2 05-27-2010, 04:32 PM

You may be able to keep them working if they are 12(6) prohibiteds

" 12(6) means handguns with a barrel length of 105 mm or less or that discharge .25 or .32 calibre ammunition. On licences issued on or after April 10, 2005, these firearms will be referred to as 12(6.1) firearms."

I believe that a 12(6) prohib license can be passed to a blood relative.

Any other prohib would have to be deactivated for you to own.

Scotty P. · #3 05-28-2010, 03:09 PM

Thanks Ormachek! I haven't received any calls back yet but hopfully I can keep the one .25 in working order although I'll have to see about the barrel length. Last question, would a gun smith be able to plug up the barrels of the one's that I can't have or would they just remove the firing pin? As usual thanks for any help!

kens · #4 05-28-2010, 03:30 PM

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...rohibe-eng.htm

Gramps.257 · #5 05-28-2010, 03:32 PM

Not sure if you have been on the RCMP site but what you want to know is here.
http://www.rcmp-grc.gc.ca/cfp-pcaf/f...rohibe-eng.htm

Gramps.257 · #6 05-28-2010, 03:33 PM

1 min late.story of my life lol

junkdude · #7 05-28-2010, 04:53 PM

I've been through this and it was a very painful exercise to transfer a Mauser 32ACP (taken at Vimy ridge by a great uncle) from my father to me. Read through the legislation and understand exactly what is written as you can't trust the CFO or the RCMP to give you the correct answer. I believe they have their own agenda. When I started I was told no way, then I read the legislation and a prohib can be transfered if it and you meet certain conditions. Just going from memory...

It can be transferred to immediate family. What they define as a heir is: son, daughter, brother, sister, spouse, father, mother. Cousins and uncles and grandparents don't count. You can try, but the CFO is extremely anal regarding their interpretation of the the legislation. If it's not written, then no way. It may have to be transferred to one of your parents first (presumably his brother/sister) then to you. It's frustrating and stupid B.S. but that may be the rules.

It must be manufactured pre-1945.

You must have the proper classification on your PAL (i.e. Restricted)

You must belong to a gun club (or declare yourself a collector, but don't go there as it's another can of worms). Even though this is a collectors piece and your great uncle may not have had to own belong to a range, you will. This grandfathered privilege is non-transferable.

Can't remember if all this is specific to 25 and 32 caliber prohibs?

I'll see if I still have the exact sections of the legislation that you need to understand and send them on, but it wall have to wait until Monday. Once you know what the rules are it's not too bad. You will get a 12(7) on your PAL, very rare. Then NEVER EVER let your PAL registration expire.

Do this before your great uncle passes away, as then RCMP have full rights to seize whatever is in the estate, unless some family member has the 12(6) on their PAL and can hold them until the transfer mess is sorted out.

mudbug · #8 05-28-2010, 09:55 PM

Quote:

Originally Posted by junkdude

I've been through this and it was a very painful exercise to transfer a Mauser 32ACP (taken at Vimy ridge by a great uncle) from my father to me. Read through the legislation and understand exactly what is written as you can't trust the CFO or the RCMP to give you the correct answer. I believe they have their own agenda. When I started I was told no way, then I read the legislation and a prohib can be transfered if it and you meet certain conditions. Just going from memory...

It can be transferred to immediate family. What they define as a heir is: son, daughter, brother, sister, spouse, father, mother. Cousins and uncles and grandparents don't count. You can try, but the CFO is extremely anal regarding their interpretation of the the legislation. If it's not written, then no way. It may have to be transferred to one of your parents first (presumably his brother/sister) then to you. It's frustrating and stupid B.S. but that may be the rules.

It must be manufactured pre-1945.

You must have the proper classification on your PAL (i.e. Restricted)

You must belong to a gun club (or declare yourself a collector, but don't go there as it's another can of worms). Even though this is a collectors piece and your great uncle may not have had to own belong to a range, you will. This grandfathered privilege is non-transferable.

Can't remember if all this is specific to 25 and 32 caliber prohibs?

I'll see if I still have the exact sections of the legislation that you need to understand and send them on, but it wall have to wait until Monday. Once you know what the rules are it's not too bad. You will get a 12(7) on your PAL, very rare. Then NEVER EVER let your PAL registration expire.

Do this before your great uncle passes away, as then RCMP have full rights to seize whatever is in the estate, unless some family member has the 12(6) on their PAL and can hold them until the transfer mess is sorted out.

I believe ( not 100% sure )an exectutor of an estate can take possession hold any class of firearm for an indefinate period of time once the previous owner passes. Check with the National Firearms Asscociation or better yet join them for 30 bucks and then ask them

junkdude · #9 05-29-2010, 11:41 AM

Quote:

Originally Posted by mudbug

I believe ( not 100% sure )an exectutor of an estate can take possession hold any class of firearm for an indefinate period of time once the previous owner passes. Check with the National Firearms Asscociation or better yet join them for 30 bucks and then ask them

Very good point, there are lots of resources around to help with this and understanding the legislation, the people at the NFA don't want to see these old guns get lost to destroyed. Definitely read the legislation yourself. I can only tell you about my experience & yours sounds slightly different. When I started the transfer process there were lots of opinions about what could and couldn't be done but no one really knew for sure. It has to be written in the legislation for it to be fact. You have to understand it as it will be you on the phone explaining it to the CFO, the person on the other end of the phone may or may not understand the legislation.