Definition of Prohibited Firearms
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General Principles
- Definitions
84 (1) In this Part [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)],
...
"prohibited firearm" means
- (a) a handgun that
- (i) has a barrel equal to or less than 105 mm in length, or
- (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,
but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,
- (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,
- (i) is less than 660 mm in length, or
- (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,
- (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or
- (d) any firearm that is prescribed to be a prohibited firearm, or
- (e) any unlawfully manufactured firearm regardless of the means or method of manufacture;
- (e) [sic] a firearm that is not a handgun and that
- (i) discharges centre-fire ammunition in a semi-automatic manner,
- (ii) was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more, and
- (iii) is designed and manufactured on or after the day on which this paragraph comes into force;
any firearm that is prescribed to be a
...
[omitted (2), (3), (3.1), (4), (5) and (6)]
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45, c. 27, s. 18; 2023, c. 32, s. 1.
[annotation(s) added]
As described in s. 84, prohibited weapons consist of:
- handgun with a barrel length of 105 mm or less;
- handgun designed or adapted to discharge 25 or 32 calibre ammunition;
- rifle or shotgun that has been altered to make it less than 660 mm (26 inches) in overall length;
- rifle or shotgun that has been altered to make the barrel length less than 457 mm (18 inches) where the overall firearm length is 660 mm (26 inches) or more;
- automatic firearm or converted automatic firearm; or
- any firearm prescribed as prohibited.
Barrel Length
- Measuring Barrel
84
...
- Barrel length
(2) For the purposes of this Part [Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)], the length of a barrel of a firearm is
- (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and
- (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,
but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil. [omitted (3), (3.1), (4), (5) and (6)]
R.S., 1985, c. C-46, s. 84; R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186; 1991, c. 40, s. 2; 1995, c. 39, s. 139; 1998, c. 30, s. 16; 2003, c. 8, s. 2; 2008, c. 6, s. 2; 2009, c. 22, s. 2; 2015, c. 3, s. 45, c. 27, s. 18.
Handguns
All non-revolving handguns are prohibited which have "a barrel equal to or less than 105 mm [~4.1 inches] in length" or any handgun capable of firing 25 or 32 calibre bullets.
Rifle or Shotgun Barrel Length
As stated in 84(1), any rifle or shotgun with dimensions of being:
- "is less than 660 mm in length, or"
- "is 660 mm or greater in length and has a barrel less than 457 mm in length"
Length does not take into account any muzzle attachment such as a suppressor or silencer.
Ammunition Caliber
All non-revolving handguns are prohibited which have "a barrel equal to or less than 105 mm [~4.1 inches] in length" or any handgun capable of firing 25 or 32 calibre bullets.
Automatic Firing Mechanism
As defined in s. 84(1) any firearm that is "an automatic firearm" is prohibited. This includes firearms that "has been altered to discharge only one projectile with one pressure of the trigger".
Prescribed Firearms
The regulations prescribe certain firearms as restricted stating:
2 The firearms listed in Part 1 of the schedule are prohibited firearms for the purposes of paragraph (d) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code.
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The prescribed prohibited firearms are found here: List of Prohibited Firearms
Where a weapon can be quickly and readily converted to an automatic gun, then that weapon must fall within the definition of "prohibited weapon."[1] However, a gun frame or receiver, inoperable by itself because the selector button was welded to prevent it firing automatically, is not a prohibited weapon, because the modification required to remove the weld required specialized knowledge and considerable effort.[2]
- ↑ R v Hasselwander, 1993 CanLII 90 (SCC), [1993] 2 SCR 398
- ↑ R v Rogan, (1994), 19 Alta LR (3d) 90(*no CanLII links)