Firearms Compliance: Storage, Transport & Registration

The Rules Behind Every Firearm You Own

Most firearms charges against licensed owners have nothing to do with violence. They arise from how a firearm was stored, how it travelled, where it was found, or how it changed hands. A rifle left behind a truck seat, a handgun taken to a gunsmith without the right paperwork, or a private sale completed without a reference number can each lead to a Criminal Code charge. A charge like that usually starts a licence review as well.

These rules come from several sources: the Firearms Act, the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209), the parallel regulations for businesses (SOR/98-210), and Part III of the Criminal Code. They have been amended repeatedly since 2019. This page sets out the current rules by class of firearm, explains the offences that follow when they are broken, and describes how we help owners and businesses stay compliant or defend a charge.

The Rules and the Offences

Storage by Class (SOR/98-209, ss. 5 to 7)

Non-restricted firearms must be unloaded and either:

• Rendered inoperable with a secure locking device
• Rendered inoperable by removing the bolt or bolt carrier
• Stored in a securely locked container, receptacle, or room that cannot readily be broken into

They must also not be readily accessible to ammunition, unless the ammunition is locked up. There are narrow exceptions for temporary storage where a firearm is reasonably needed to control predators, and for remote wilderness areas.

Restricted firearms must be unloaded and either:

• Fitted with a secure locking device and kept in a securely locked container, receptacle, or room
• Kept in a vault, safe, or room specifically built or modified for secure storage of restricted firearms

Prohibited firearms follow the restricted rules, with added requirements for automatic firearms that have a removable bolt or bolt carrier.

Display rules are stricter. Restricted and prohibited firearms displayed in a home must be unloaded, fitted with a secure locking device, and securely attached to a non-portable structure (s. 9).

Transport by Class (SOR/98-209, ss. 10 to 12)

• Non-restricted: Unloaded. If left in an unattended vehicle, it goes in a locked trunk or, if there is no trunk, out of sight in a locked vehicle.
• Restricted and prohibited: Unloaded, fitted with a secure locking device, and in a locked opaque container that cannot readily be broken open. The same trunk rules apply in an unattended vehicle.
• Handling (s. 15): A firearm may be loaded only where it can lawfully be discharged.

Under s. 64(1.1) of the Firearms Act, a licence that is not renewed on time is extended for six months. During that extension you may not use or acquire firearms, and any authorization to transport ends on the original expiry date.

Authorizations to Transport After Bill C-71

Restricted firearms, and grandfathered prohibited handguns, may be kept only at the owner’s home or at a place authorized by the CFO (s. 17). Moving them anywhere else requires an Authorization to Transport (ATT) under s. 19.

Since July 7, 2021, only two ATTs attach automatically to the licence:

• Ranges. On licence renewal, transport within your province of residence to and from all approved shooting clubs and ranges (s. 19(2.1)). This does not apply to firearms acquired as part of a gun collection.
• After acquisition. Transport home from the place of acquisition after a CFO-approved transfer (s. 19(2.2)).

Everything else needs a specific ATT from the CFO. That includes taking a restricted firearm to a gunsmith or for appraisal, to a gun show, to a border crossing for export, to a police officer for disposal, or when moving house. Transporting without the right ATT can be charged as possession at an unauthorized place. Peter Kott holds an RPAL himself and understands how these rules work in practice for owners who travel to ranges and competitions.

Registration and the Handgun Freeze

Only restricted and prohibited firearms are registered (s. 12.1). Non-restricted registration ended with the long-gun registry. Transfers of restricted and prohibited firearms need CFO approval and a new registration certificate (s. 23.2).

The national handgun freeze first took effect by regulation on October 21, 2022 (SOR/2022-219). It was put into the statute when Bill C-21 received Royal Assent on December 15, 2023. Under s. 12.2, a registration certificate for a handgun must not be issued to an individual. In practice, an individual can no longer acquire a handgun by purchase, gift, or inheritance unless they fall within the narrow exceptions in s. 97.1:

• Holders of an authorization to carry
• Qualifying athletes and coaches in Olympic or Paralympic handgun disciplines, confirmed annually by a sport governing body

Owners may keep and use handguns already registered to them and may transfer them to businesses or exempted individuals.

Licence Verification for Non-Restricted Transfers

Since May 18, 2022, anyone transferring a non-restricted firearm must, under s. 23:

• Confirm the transferee holds a valid licence
• Obtain a reference number from the Registrar before completing the transfer
• Complete the transfer while that reference number is still valid

A transfer made without a reference number is a ground for licence revocation under s. 70(1)(a)(i.1).

The Criminal Code Offences

• Section 86(1): Careless use, storage, or transport. Covers using, carrying, handling, shipping, transporting, or storing a firearm carelessly or without reasonable precautions for others’ safety.
• Section 86(2): Contravening the storage or transport regulations. This is a separate offence and does not require proof of carelessness. Both s. 86 offences are hybrid. On indictment, the maximum is two years for a first offence and five years for a subsequent one.
• Sections 91 and 92: Unauthorized possession. Section 91 covers possessing a firearm without a licence (and, for restricted or prohibited firearms, a registration certificate). It is hybrid, with a five-year maximum on indictment. Section 92 requires proof that you knew you were not authorized. It is indictable only, with a 10-year maximum. Both apply to an owner whose licence has expired beyond the extension period or been revoked.
• Section 93: Possession at an unauthorized place. A licensed owner with a firearm somewhere their licence or authorization does not allow, typically a restricted firearm outside the home without an ATT. Hybrid, five-year maximum on indictment.
• Section 94: Unauthorized possession in a motor vehicle. An occupant who knows a firearm is in the vehicle, where no occupant holds the required licence and, for restricted or prohibited firearms, the authorization and registration certificate. Hybrid, 10-year maximum on indictment.
• Section 95: Loaded restricted or prohibited firearm, or one with readily accessible ammunition, without the required authorization and registration certificate. Hybrid, 14-year maximum on indictment. Where a licensed owner’s problem is paperwork or location, the gap between a regulatory lapse and true criminality is often central.

Businesses

A firearms business licence carries conditions set by the CFO (s. 58). Under s. 58.1 it also carries mandatory record-keeping conditions for non-restricted firearms. For each transfer, the business must keep the reference number, the date it was issued, the transferee’s licence number, and the firearm’s make, model, type, and serial number for 20 years. When a business closes, its records go to a prescribed official.

Firearms inspectors may enter and inspect business premises and require production of records (s. 102). A dwelling-house may be entered only on reasonable notice and with consent or a warrant, unless a business is carried on there (s. 104). Business storage, display, and transport are governed by SOR/98-210.

What We Do

• Defend charges under ss. 86, 91, 92, 93, 94, and 95 arising from storage, transport, or paperwork issues
• Advise owners before a move, an estate transfer, a sale, or travel with restricted firearms
• Advise executors and families dealing with inherited firearms, including handguns affected by the freeze
• Respond to CFO reviews that follow a storage complaint or police attendance
• Advise firearms businesses on record-keeping, licence conditions, and inspections
• Advise on ATT applications and refusals, which can be challenged by a Section 74 reference

Our Approach

1. Separate the Regulatory Lapse From the Crime

Many charges rest on a technical breach by a licensed, careful owner. We examine exactly which regulation applies to the firearm’s class, whether the facts actually breach it, and whether the Crown can prove the required knowledge.

2. Test the Search

Storage and transport cases often begin with a traffic stop, a domestic call, or a wellness check. How police entered the home or searched the vehicle, and whether your Charter rights were respected, can decide the case. See our article on police stops and your rights.

3. Protect the Licence at the Same Time

A charge usually starts a Firearms Interest Police report and a CFO review. We manage the criminal case with the licensing consequences in mind. Where the CFO acts, we respond through the licence revocation process.

4. Resolve Proportionately

Where a lapse did occur, we look for outcomes that reflect a first-time, regulatory-type mistake. These can include withdrawal on terms, a plea to a lesser count, or a conditional or absolute discharge, and we keep in mind the effect any outcome has on a future licence.

5. Compliance Before Problems Arise

A short advisory retainer before a move, sale, or estate transfer usually costs far less than defending a charge.

Collateral Consequences

• Licence review or revocation. A conviction for an offence under Part III of the Criminal Code is a listed factor under s. 5(2) of the Firearms Act.
• Prohibition orders. Some convictions carry mandatory or discretionary firearms prohibition orders.
• Forfeiture. Seized firearms may be forfeited on conviction.
• Business licence. A conviction of a person connected to a business can ground revocation of the business licence (s. 70(1)(b)).
• Employment and travel. A criminal record affects employment, bonding, and cross-border travel.

Related Resources

• Firearms Licensing Overview: the hub page for licensing issues
• Firearms Licence Revocations & Refusals: what happens when a compliance issue reaches the CFO
• Prohibited Firearms, the Amnesty & the Buyback: storage and transport rules for firearms caught by the prohibitions
• Firearms Offences Defence: criminal firearms charges more broadly

If you are facing a storage or transport charge, or want to get a transfer or move right the first time, contact Mor Fisher LLP at 705-721-6642 or through our contact page. We act for owners and businesses across Simcoe County, Muskoka, the GTA, and beyond.