Annotated Firearms Act Related Legislation

The current law regulating firearms is contained primarily within the Firearms Act 1968. Further provisions however are to be found in an additional 33 Acts of Parliament. This number does not include the numerous pieces of secondary legislation that regulate the acquisition and possession of firearms. The current legislative landscape has been the subject of a great deal of criticism in particular because: (1) there is a lack of coherence between the 34 different sets of legislative provisions; (2) loopholes are being exploited by those with criminal intent; (3) the law is difficult to find given that it is scattered across numerous Statutes (4) keyterms within the legislation have been left undefined; and (5) overall the law is so complex that even those who deal with it every day struggle to understand aspects of it. The primary Act, the Firearms Act 1968 was a consolidating measure. The 1968 Act was hurried through Parliament, it has been suggested that the Act was enacted without sufficient consultation and preparation first being undertaken. This perhaps explains some of the Act's deficiencies. Additionally it incorporates provisions that have their origin in the Pistols Act 1903. It is questionable whether some of the language used is still fit for purpose over 100 years after it was first enacted. This report is divided thematically. Each of chapters 2 to 6 sets out key problems with a different aspect of the law, examines consultees' responses to the consultation questions and provisional proposals and makes final recommendations. Chapter 7 examines the response of consultees to the Law Commission provisional proposal that the law relating to firearms be codified. Chapter 8 lists the Law Commission recommendations and chapter 9 contains a glossary.

This is the final report of a 3-year study of the effectiveness of those provisions of the Criminal Law Amendment Act, 1977, which amended the Criminal Code sections relating to firearms. It contains two types of analyses : an 'outcome analysis, ' which examined the incidence of crimes, accidents, and suicides with firearms before and after the legislation, and a 'process analysis, ' which examined the implementation of firearm controls. The outcome analysis found that in a considerable number of cases, the proportion of occurrences with firearms declined subsequent to the legislation. The process analysis found that overall, the methods of firearms control encouraged by the legislation have been used. For example, convictions for firearm offences resulted in more severe sentences after 1979.

From the École Polytechnique shootings of 1989 to the political controversy surrounding the elimination of the federal long-gun registry, the issue of gun control has been a subject of fierce debate in Canada. But in fact, firearm regulation has been a sharply contested issue in the country since Confederation. Arming and Disarming offers the first comprehensive history of gun control in Canada from the colonial period to the present. In this sweeping, immersive book, R. Blake Brown outlines efforts to regulate the use of guns by young people, punish the misuse of arms, impose licensing regimes, and create firearm registries. Brown also challenges many popular assumptions about Canadian history, suggesting that gun ownership was far from universal during much of the colonial period, and that many nineteenth century lawyers – including John A. Macdonald – believed in a limited right to bear arms. Arming and Disarming provides a careful exploration of how social, economic, cultural, legal, and constitutional concerns shaped gun legislation and its implementation, as well as how these factors defined Canada's historical and contemporary 'gun culture.'