I just had this conversation with an American relative (a cousin) of mine 3 weeks ago. She wanted to know what the difference was between our gun laws and theirs.
What I told her was this: I made sure to let her know that not everyone in Canada agrees with our gun control laws but this is how I understand them (yeah I copied and pasted for the most part it was easier.)
Canada's laws are considerably stricter than those in the US. All gun owners have to be licensed, and all handguns and most semi-automatic weapons are restricted and have to be registered, while certain others may be prohibited. Any registered handguns can't be carried out of the home, either concealed or openly, except with a specific license, which is very difficult to get approval for, and is usually only given to people who need guns for work. (police, armed guards etc) Licenses require training in gun safety and an extensive background check and all guns when being stored have to be kept in a locked cabinet, including trigger locks, and they must be stored unloaded.
In the Canadian system, there are three classes of firearms and firearm licences: non-restricted, restricted and prohibited. Prohibited firearms are not forbidden outright, as the name might imply, but their legal possession and acquisition are dependent upon their registration history and an individual's firearm licence. As of December 1, 1998, the prohibited clause must be grandfathered to acquire or possess prohibited firearms. New prohibited licences are available only at the discretion of the Chief Firearms Officer of the province or the RCMP. It is illegal to fire any restricted firearm (which includes the AR-15 and any variants of that weapon) anywhere other than at a shooting range. They cannot be used for hunting purposes.
Anyone who wishes to possess or acquire firearms in Canada must have a valid possession-acquisition, or possession-only, licence (PAL/POL); either of these licences allows the licensee to purchase ammunition. The PAL is distributed exclusively by the RCMP and is generally obtained in the following three steps:
- Safety training: To be eligible to receive a PAL, all applicants must successfully complete the Canadian Firearms Safety Course (CFSC) for a non-restricted licence, and the Canadian Restricted Firearms Safety Course (CRFSC) for a restricted licence; the non-restricted class is a prerequisite to the restricted licence. Each province/territory's chief firearms officer publishes information on the locations and availability of these courses.
- Applying for a licence: Currently only one type of licence is available to new applicants, the possession-acquisition licence (PAL). People can request a PAL by filling out Form CAFC 921.
- Security screening: Background checks and reference interviews are performed. All applicants are screened, and a mandatory 28-day waiting period is imposed on first-time applicants, but final approval time may be longer.
Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed, an individual can apply for a firearm transfer; and an authorization to transport (ATT) for restricted firearms. People may hunt with firearms in Canada only with non-restricted firearms, and this requires an additional "Hunting with Firearms" course.
She found all of that to be very interesting. A little confusing she said, but interesting. She asked me if it was a "right" for us to own guns like it is for them. I said NO, and then explained it to her by saying:
A "right" is something that can never legally be denied, revoked, or taken from you for any reason.
A "privilege" is something that can legally be denied, revoked or taken from you for any valid and legally justifiable reason, ie your driver's license can be denied if you fail the written or the road test, and it can be revoked and taken from you for any number of valid and legally justifiable reasons, ie DUI. Driving and holding a driver's license is a privilege, it is not a right.
Likewise, you can be denied a PAL, RPAL, or POL and/or prohibited from owning or being in possession of any firearm or ammunition for any number of valid and legally justifiable reasons, ie mental health illness, or criminal convictions and especially if those convictions are violent in nature or a result of any gun related crimes.
Since confederation in 1867, Canadian laws have always reflected that gun ownership is a "privilege" not a "right", and in 1993, the Supreme Court of Canada ruled that unlike the United States, in Canada, it is NOT a "right" to own a gun or "bear arms." It is a "privilege." That ruling has been upheld in subsequent challenges, including a 2010 case when a court in Ontario also ruled that there is no "right" to bear arms in Canada, and the Supreme Court refused to hear the appeal.
I told her that because under certain circumstances, and according to certain US law as she explained it to me, it is legal for the police to seize their guns, courts can and have prohibited people from owning or being in possession of any firearm as well as ammunition, and because they can be legally denied the ability to purchase any firearm if they don't pass the background checks they do have for any reason, it could be argued that even though they have that second amendment they protect so much, the reality is, it's not a "right" for them to own or bear arms either, it's become a "privilege" because under certain circumstances, that "right" can legally be denied, revoked or taken from them thus violating their second amendment. I then told her again that a "right" is something that can never legally be denied, revoked, or taken from you for any reason.
She said she'd never looked at it that way before, then told me she was off to go clean her gun, she'd just gotten home from the shooting range
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