Enter your keyword

post

Inherited Firearms & Information for Executors in Canada

Inherited Firearms & Information for Executors in Canada

Inherited Firearms & Information for Executors in Canada

In Canada to act as the executor (liquidator of the succession in Quebec), you may generally possess firearms left in an estate for a reasonable amount of time while the estate is being settled, even if you are not personally licensed to possess them. If you are the executor use RCMP Form RCMP GRC 6016e to inform the RCMP firearms program of the following:

Declaration of Authority to Act on Behalf of an Estate

  • Provide all the requested information regarding the deceased.
    • The deceased’s, last, first and middle name must be written in full. Junior (Jr.) or Senior (Sr.) can only be used if they form part of deceased’s legal name.
    • Please do not use initials or nicknames.
    • Provide the deceased’s firearms licence number if known.
  • Provide all requested information regarding the individual declaring themselves to be the executor (liquidator of the succession).
    • .Your last, first and middle name must be written in full. Junior (Jr.) or Senior (Sr.) can only be used if they form part of your legal name.
  • In order to confirm that the registered firearm owner is deceased a copy of the death certificate must be provided. If not included with this form it will need to be provided at a later date.

Use form RCMP Form RCMP GRC 6016e as the executor of a will in Canada. 

From The RCMP:

Link: http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/will-testament-eng.htm

Information for Executors

While the Firearms Act sets out how firearms may be transferred and who may possess them, provincial estate laws determine the role of the executor. In Quebec, the Executor of an Estate is referred to as the Liquidator of the Succession.

While estate law may vary from province to province, an executor generally has the same rights the deceased had to possess firearms, while the estate is being settled. Even if an individual is not personally licensed to possess firearms, they can possess a firearm left in an estate for a reasonable amount of time while the estate is being settled.

An individual who is under a court-ordered prohibition from possessing firearms cannot take possession of firearms left in an estate. They can, however, act as executor and facilitate the transfer of the firearm(s) to someone who may lawfully acquire them.

If the deceased owner did not have

  1. a firearms possession licence AND
  2. a registration certificate for their restricted or prohibited firearm*,

they were in illegal possession of the firearm. This puts the executor at risk of penalties for possessing the firearm unless they act quickly to comply with the law.

To act as the executor and obtain information on the estate firearms, the executor is required to provide the following documentation to the RCMP Canadian Firearms Program (CFP):

  • form RCMP 6016 Declaration of Authority to Act on Behalf of an Estate and
  • confirmation that the registered owner is deceased:
    • the death certificate, or
    • letters of probate, or
    • a document (on letterhead) from a police department or coroner

Transporting and Storing Firearms

All firearms must be unloaded and transported or stored in a safe and secure manner to deter loss, theft and accidents, as set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.

There are two options for shipping any class of registered firearm:

  • using Canada Post’s most secure method which requires a signature upon delivery, or
  • via a licensed carrier to a location inside or outside Canada. This is the only option for shipping prohibited firearms other than prohibited handguns.

More information can be obtained by contacting a Chief Firearms Officer (CFO).

Transferring Ownership of a Registered Firearm

When a firearm is transferred to a new owner, a specific process must be followed:

  • the executor/transferor must ensure the new owner is eligible to acquire and possess the firearm, and
  • for registered restricted or prohibited firearms*, the transfer is initiated by calling the CFP at 1-800-731-4000. The entire transfer process can be completed over the phone or by requesting a paper application (form RCMP 5492).

Note: Both the executor and the new owner must participate in the transfer process. The firearms licence number of the deceased owner and the new eligible owner must be provided. The registration certificate number and firearm information (make, model, action, type, caliber, shots, barrel length and serial number) for each firearm must also be provided.

Prohibited Firearms

  • Prohibited firearms can be transferred to an individual who has a Possession and Acquisition Licence (PAL) which includes the appropriate prohibited licence privilege.
  • If the deceased individual had prohibited privileges on his or her licence, prohibited firearms in the estate can be transferred to certain family members even if they do not have grandfathered privileges, providing:
    • the prohibited firearm is a grandfathered handgun described in subsection 12(6.1) of the Firearms Act, with a barrel equal to or less than 105 mm in length or designed or adapted to discharge .25 or .32 caliber cartridges; and
    • the prohibited handgun was manufactured before 1946; and
    • the individual is the spouse, common-law partner, brother, sister, child or grandchild of the deceased registered owner; and
    • the handgun is used for a permitted purpose such as target shooting or as part of a collection.

Firearm Verification

Verification of firearm information such as make, model, action, type, caliber, shots, barrel length and serial number may be required to transfer or register an inherited firearm. Contact the CFP for assistance in verifying a firearm.

Ineligible Heirs or Unwanted Firearms

If there is no eligible heir, or if the heir does not want an inherited firearm, the estate may choose one of the following options:

  • sell or give the firearm to any individual, museum or business with a licence to acquire that particular type of firearm through the official transfer process; or
  • export it to a country that allows it. Global Affairs Canada (1-800-267-8376) can provide information on export permit requirements. For restricted or prohibited firearms, an Authorization to Transport (ATT) is required and can be obtained from the provincial or territorial CFO; or
  • have the firearm permanently deactivated by a gunsmith so it no longer meets the definition of a firearm and is therefore exempted from the requirements of the Firearms Act; or
  • surrender the firearm to a police officer or a firearms officer for disposal. These authorities must be contacted beforehand.

Other Requirements

If the deceased owner had a firearms licence, it should be returned, along with a copy of their death certificate, to the following address:

Royal Canadian Mounted Police
Canadian Firearms Program
PO Box 1200
Miramichi, New Brunswick E1N 5Z3

Licence Requirements

To legally acquire a firearm by any means, including through inheritance, the recipient is required to hold a Possession and Acquisition Licence (PAL). Form RCMP 5592 is required to apply for a PAL or to upgrade licence privileges for different firearm classes. A PAL is valid only for the class or classes of firearms listed on it.

Online Courses Offered By BC Firearms Academy

BC Firearms Academy offers a wide variety of training options to meet your needs!

Free Resources Canadian Firearms Safety Course

Free resources and study materials to help you prepare for your Canadian Firearms Safety Course. No need to print the manual or bring the manual to your course with BC Firearm Academy. No need to print the manual or bring the manual to your course with BC Firearm Academy.

Online CORE Hunter Education Course

This course is designed to prepare you for the CORE Hunter Education Course examination and as a companion guide to the in-person course. Register for the exam challenge or the online course BC Firearms Academy.

A free online study guide to help you stay safe in the bear country of BC

A free online study guide to help you stay safe in the bear country of BC. This online guide will help you work, hunt, hike, and camp safely in the backcountry of BC.

Free CORE Hunter Education resources and study guide.

Free resources and study materials to help you prepare for your Canadian Firearms Safety Course. No need to print the manual or bring the manual to your course with BC Firearm Academy.

Canadian CORE Course Challenge and Hunting Licence Exam Challenge. Firearms Safety Courses

CORE Course Challenge and Hunting Licence Exam Challenge. CORE Course Challenges and Hunting Licence Exam Challenge can be completed by individuals who have completed home or online study. BC Firearms Academy Strongly recommends completing our Online CORE course and reviewing our Free Online Firearms Safety Study Guide.

Courses Offered By BC Firearms Academy

BC Firearms Academy offers a wide verity of training options to meet your needs!

Canadian Firearms Safety Courses

This Canadian Firearms Safety Course & Canadian Restricted Firearms Safety Course runs over two days from 9:30 am to 5 pm. This is the course required for your Canadian Firearms Possession and Acquisition Licence (PAL).

Canadian Firearms Safety Courses

Canadian Firearms Safety Course Non-Restricted Only - CFSC - Canadian Firearms Safety Course. This Canadian Firearms Safety Course runs over 1 day from 9:30 am to 5 pm.

CORE Hunter Education Course

CORE Hunter Education Course BC Fish & Wildlife ID FWID Abby Jan 13/14 This CORE Hunter Education Course is completed over 1 or 2 days from 9:30 am to 4 pm.

Canadian Restricted Firearms Safety Courses

Canadian Restricted Firearms Safety Course – Restricted Only This Canadian Restricted Firearms Safety Course runs over 1 day from 9:30 am to 5 pm. Testing is completed on the day of instruction.

Combined - Non-Restricted Canadian Firearms Safety Course & CORE Hunter Education Course

Combined - Canadian Firearms Safety Course - Non-Restricted Only & CORE Hunter Education Course This is a 2 Day combined course. The Non-restricted Canadian Firearms Safety Courses is completed on the first day.

Personal Coaching & One on One Instruction

Personal Coaching, One on One Instruction & Range Training. Accelerate what you’re out to accomplish. Address what matters most to your shooting goals.

Wilderness Authorization to Carry Proof of Proficiency

WATC - Wilderness Authorization to Carry Proof of Proficiency Using a Firearm for Wilderness Protection WATC

CFSC OR CRFSC Retest

For individuals who have completed a BC Firearm Academy Canadian Firearms Safety Course Only. The RCMP firearms program no longer allows individuals to challenge the firearms safety course.

Predatory Wildlife & Bear Defence

This course is designed for those working in the bush or the outdoor enthusiast that spends time in bear country. For individuals who have completed a BC Firearm Academy Canadian Firearms Safety Course Only. The RCMP firearms program no longer allows individuals to challenge the firearms safety course.

Request a Course

We Can Customize Courses To Your Needs

No Comments

Leave a Reply

%d bloggers like this: