An Act to amend the Firearms Act (licences)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bob Zimmer  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Nov. 8, 2017
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Firearms Act to eliminate the expiry of certain firearms licences and to provide for the relinquishment of licences. It also requires individuals to update their licence application information every 10 years and provides for the suspension of licences in certain circumstances.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 8, 2017 Failed 2nd reading of Bill C-346, An Act to amend the Firearms Act (licences)

Firearms ActPrivate Members' Business

November 7th, 2017 / 6 p.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, it is a pleasure to stand here today. I have to comment on my two hon. colleagues across the way. I respect them as members of Parliament. However, good Lord, when one does not understand a topic like this, one should not be speaking to it. It is very clear that neither of them does. There were comments in there that have nothing whatsoever to do with this bill. The mindset over there just baffles me.

I am very pleased to have the opportunity today to discuss Bill C-346, a bill to amend the Firearms Act with respect to licences. It is a common-sense piece of legislation that has been put forward by my hon. colleague from Prince George—Peace River—Northern Rockies. He knows what this issue is. It is not hard to fix. I wish the people on the other side of the aisle would get a grasp on it.

To begin, I would like to commend my colleague for bringing this forward and for the tireless work he does for law-abiding firearms owners in Canada. He truly understands the issues that firearms owners face, and his bringing this legislation forward certainly reflects that.

I am hopeful that the government will finally stop the attack on law-abiding firearms owners in this country. Last year I brought forward legislation that could have closed a loophole that allowed the RCMP firearms program to make arbitrary firearms classifications. Like Bill C-346, my bill was a very common-sense measure that simply would have given a legal definition to the term “variant”, a term used close to 100 times in regulations related to firearms. Unfortunately, the government could not bring itself to side with law-abiding firearms owners and do the right thing. It is my hope that, this time around, common sense will prevail.

This legislation is certainly very timely. This week, deer hunters across Ontario are gearing up and heading out to their deer stands, waiting for the perfect buck to stroll into plain sight.

In fact, Mr. Speaker, you know me, and if I were not here in Ottawa today, I think you know where you would find me.

I can assure the House that law-abiding firearms owners accept that they need to be licensed. That is not an issue. However, the last thing that hunters and law-abiding firearms owners want to be thinking about when they are out in the bush is the expiry of their firearms licences. This legislation would help to ease the minds of law-abiding hunters, anglers, and sports shooters so they can get back to what they love.

This legislation would do three key things that would improve Canada's firearms licensing system.

First and foremost, Bill C-346 would eliminate the expiry of firearms licences, with a mandatory provision that the licence holder must update his or her information every 10 years. This is simply a common-sense measure that would solve a problem faced by Canadian firearms owners every day.

Going back to my colleagues across the way, they both mentioned the fact that 10 years was too much and that public safety would go to hell in a handbasket. If we look at passports, we see they have to be renewed every 10 years. I know that the colleagues across the way support that. Public safety is involved in passport applications as well, because of illegal entry or otherwise, and that is accepted. However, when it comes to firearms owners, those scary, bad, firearms owners, it just blows me away. I really took exception to the last speaker when she basically said that we are at risk of firearms owners going out and shooting people. It just shows a clear lack of knowledge and understanding when it comes to this issue.

Bill C-346 would eliminate the expiry of a firearms licence, with a mandatory provision that the licence holder must update that information every 10 years. This is simply a common-sense measure that would solve a problem faced every day by us Canadian firearms owners. Furthermore, it reflects the reality of the RCMP's continuous eligibility system. Every single day, the RCMP firearms program verifies the validity and conditions of licence requirements of licence holders across Canada.

Second, the bill also proposes to create a mechanism to ensure that updates are in fact provided every 10 years, just like with passports. Through Bill C-346, if individuals did not update their information with the RCMP firearms program after 10 years, their licence would be suspended.

The suspension would prohibit the licencee from being able to make purchases, but would not go as far as to criminalize the licencee for simply an administrative error. The suspension would be lifted as soon the licencee provided the necessary update.

This provision would ensure compliance with the licensing system, but would not criminalize firearms owners simply because they have forgotten to update their licence. This is, again, a common-sense measure.

Finally, Bill C-346 would also allow for the relinquishment of licences. It would create an environment in which someone who no longer desires a firearms licence could voluntarily relinquish their licence to a chief firearms officer with no negative consequences. This is another common-sense measure. My father-in-law actually went through this a few years ago, prior to his passing.

Now, I want to take some time to speak to why Bill C-346 is necessary, and why it is good news not only for firearms owners, but for the RCMP firearms program, and for Canadians in general. I know not all members in this place own firearms, but as a law-abiding firearms owner, I know the provisions in Bill C-346 go a long way in easing the tensions between firearms owners and the RCMP firearms program when it comes to licensing.

Time and time again, firearms owners have felt personally criminalized for simple administrative errors. In 2014, our Conservative government passed the Common Sense Firearms Licensing Act. The act created a six-month grace period when a firearms licence expired to ensure that firearms owners would not feel criminalized for administrative errors. This bill goes even further and truly solves this problem once and for all. Essentially, when a firearms licence expires, the RCMP firearms program deems the person to be in possession of an illegal firearm.

I would like to cite the Criminal Code to demonstrate to the House just exactly what this could mean for a firearm owner with an expired licence. The Criminal Code says, “every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of (a) a licence under which the person may possess it”. In terms of punishment, the Criminal Code states that anyone in violation of the section above is “guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction”.

Five years for failing to renew on time. This is why there is so much angst among firearms owners when it comes to licensing. Under this system, the moment a licence is expired, firearms owners face the possibility of not only losing their property but facing up to five years in prison. The elimination of expiry would go a long way in creating a system that is respectful of firearms owners, which will in turn make firearms owners respectful of the system. It is truly a win-win situation.

Furthermore, this would decrease the administrative burden on the RCMP firearms program. There would be fewer administrative tasks to deal with, such as numerous renewals. Attention could then be paid to tasks that would truly make the system even safer. Imagine, less bureaucracy. What a concept.

I would like to say to my hon. colleagues across the way that this is truly a common-sense piece of legislation that would not only maintain the safety of Canada's firearms licensing system but would in fact enhance it. By creating a licensing system that is respectful of firearms owners, we would in turn see a greater appreciation of the licensing system, rather than distrust and angst from firearms owners.

I know the government has made a number of promises related to firearms in Canada. These are promises I would certainly like to see the government break. The promises made in the 2015 campaign do not reflect the reality of Canada's firearms safety regime. This legislation does.

I urge my colleagues across the way not to listen to all the talking points coming out of the PMO, to do the right thing on this and support Bill C-346.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:10 p.m.


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The Deputy Speaker Bruce Stanton

Resuming debate. There being no further debate, I invite the hon. member for Prince George—Peace River—Northern Rockies for his right of reply. The hon. member has up to five minutes.

The hon. member for Prince George—Peace River—Northern Rockies.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:10 p.m.


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I want to thank my hon. colleagues for speaking in support of the bill, my colleagues who are friends of firearms owners across this country and friends of hunters and anglers, which is actually quite a large group in Canada.

I want to especially thank the member for Red Deer—Lacombe for perfectly illustrating exactly why this bill was brought forward. He gave an example of a firearms owner who, in good faith, went through the renewal process of his PAL, which is a firearms licence in Canada. He did it six months prior to the expiration date and because of slow-moving bureaucracy, especially with respect to firearms licences in this country, the day that particular licence expired he became a criminal. That is the way the Criminal Code views a law-abiding person who in good faith did what he was supposed to do. This example perfectly illustrates why we have a need for this kind of legislation in our country.

I am disappointed that members on the other side would go into different parts of a question and always throw violence and different kinds of issues at firearms owners in this country. I am a law-abiding firearms owner. I have several firearms in my house. I know there are a lot of people in the chamber right now who own firearms and do so lawfully. To equate the entire group of firearms owners across this country, literally millions of them, to bad people who do not obey the law and are somehow more violent is a stretch, to me. I struggle with that.

This would be a reasonable firearms change. I call all firearms owners “Grandpa Joe”. I have referred to him before in video that I have done. The last thing we want to see is Grandpa Joe go to jail simply because his firearms licence did not come in the mail in time. That is why I proposed the bill.

I hope members on the other side actually read the bill and understand what they are saying in their speeches. By what I have heard them say in the debate, they clearly do not know what the bill says or what it would help lawful firearms owners do.

The 10-year licensing, in terms of renewal time, is in the bill. It is very similar to what we have now with respect to our passport regime in Canada, 10 years to update.

What is evident across the way is a lack of understanding of the continuous eligibility system in Canada. Every firearms owner gets checked every 24 hours. If somebody should not own a firearm anymore because of violence or some other kind of issue, that licence is immediately red flagged and the RCMP is tasked to revoke the licence.

We already have a system in place that takes care of this. I am just trying to help firearms owners with delayed bureaucracy. They should not be criminalized simply because they own a firearm.

I have used one example many times. We all have a vehicle licence, but just because it expires does not make one a criminal. With a firearms licence, it does.

We have heard about five years as a minimum time in jail for simply not renewing a firearms licence. This is exactly what the bill is trying to fix. Lawful firearms owners across this country support the bill. It is very straightforward.

I will give the House one quote. My bill reflects “the reality that every firearms licence in Canada is reviewed every day by the police. The RCMP's Continuous Eligibility should equate to continuous entitlement to possess firearms.” Tony Bernardo of the Canadian Shooting Sports Association said that.

One the largest sport shooting groups across this country supports licensing firearms owners. We are not saying we do not want licensing for firearms owners, not at all. We are just saying that we do not want Grandpa Joe to go to jail simply because a bureaucracy did not get his licence back to him within six months. We have a sitting member of Parliament who did not get his licence in time and would have been a criminal at that particular moment in time. To me, that is exactly what the bill would fix. I trust members on both sides and across the way in government will support my bill.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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The Deputy Speaker Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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Some hon. members

Agreed.

No.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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Some hon. members

Yea.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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The Deputy Speaker Bruce Stanton

All those opposed will please say nay.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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Some hon. members

Nay.

Firearms ActPrivate Members' Business

November 7th, 2017 / 6:15 p.m.


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The Deputy Speaker Bruce Stanton

In my opinion the nays have it.

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, November 8, before the time provided for private members' business.

The House resumed from November 7 consideration of the motion that Bill C-346, An Act to amend the Firearms Act (licences), be read the second time and referred to a committee.

Firearms ActPrivate Members' Business

November 8th, 2017 / 7:05 p.m.


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The Speaker Geoff Regan

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-346 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #395

Firearms ActPrivate Members' Business

November 8th, 2017 / 7:15 p.m.


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The Speaker Geoff Regan

I declare the motion defeated.

I wish to inform the House that because of the delay, there will be no private members' business hour today. Accordingly, the order will be rescheduled for another sitting, as will the debate on the motion to concur in the 13th report of the Standing Committee on Finance.