REPRODUCIBLE MASTERS RM 5.3: Reference re Firearms Act (Can.), [2000] 1 S.C.R. 783 In 1995, Parliament enacted the Firearms Act, which requires the owners of firearms to obtain licences and register their guns. In response. Alberta referred constitutional questions to the Count of Appeal to determine whether the federal government has the authority under the Constitution to impose universal firearms licensing and registration on the provinces and territories. The majority of the Court of Appeal concluded that the act is a valid exercise of Parliament's criminal law power. Alberta appealed to the Supreme Court. The Supreme Court dismissed the appeal, finding that the Firearms Act, in pith and substance. is concerned with protecting public safety and thus is infra vires Parliament's authority. Background on the Firearms Act, S.C. 1995, c.39: The Firearms Act implements a broad gun control system in Canada. The act applies to any person and businesses that own, want to acquire, or want to use firearms. This includes visitors to Canada. Before a licence is issued to applicants, safety and criminal checks are done. When a new applicant applies to acquire a firearm, spouses and common-law partners with whom the applicant has lived within the last two years will be notified. The act provides for the creation of a Firearms Registry that is linked to police criminal databases. The following firearms are prohibited: (a) handguns with a barrel shorter than 105 mm. (b) .32 and .25 calibre handguns, (c) all fully automatic machine guns, (d) any firearm with a sawed off barrel, and (e) some military rifle models (e.g., AK-47 and their variants). Licensing Structure Possession-only Licence: allows the possession of firearms owned prior to the new legislation does not allow persons to acquire additional firearms available only to firearm owners who registered before January 1. 2001 must be renewed every five years Possession and Acquisition Licence: allows the possession and purchase of firearms applicant must first pass the Canadian Firearms Safety Course must be renewed every five years Minor's Licence (ML): applicable to minors between the ages of 12 and 17 allows the use of non-restricted firearms for hunting, target practice. organized competition and instruction, as well as the purchase of ammunition expires on the person's 18th birthday or the expiry date shown on the licenceRM 5.3 continued Firearms Acquisition Certificate: issued under the old firearms legislation, and remains valid under the new legislation until expiration of the certificate is considered equivalent to a Possession and Acquisition Licence Penalty System The new penalty system covers unlawful possession of a firearm, as well as use of a firearm while committing a serious crime. Unlawful Possession of a Firearm: applicable to persons caught in the possession of a firearm without being the holder of both a licence and a registration certificate Under the Criminal Code, the maximum penalty for such an offence is five years imprisonment. Under the Firearms Act. a first-time offender who inadvertently fails to register a long gun may receive a $2,000 fine and/or six months in prison. Use of a Firearm in a Crime: aimed at serious crimes such as premeditated criminal activities, organized crime, or possession of a large number of unregistered guns, possibly for the purposes of underground trade in firearms or criminal motorcycle gang wars punishable under the Criminal Code by up to 10 years' imprisonment for a first offence, a minimum term of imprisonment of one year for a second offence, and a minimum term of imprisonment of two years less a day for a subsequent offence Sources: Canadian Legal Information Institute.