KEY ISSUES RAISED BY THE

JUSTICE MINISTER’S HANDPICKED USER GROUP ON FIREARMS

By Garry Breitkreuz, MP – February 19, 2002

 

NOTE #1:  These documents were obtained from the Department of Justice by Garry Breitkreuz, MP using the Access to Information Act: DoJ File: A-2001-0123 filed on July 12, 2001 and replied to on February 13, 2002 and received on February 19, 2002.  Most of the actual recommendations made by the User Group on Firearms (UGF) were whited-out.

NOTE #2: The quotations that follow are not the complete text of the ATI documents but only excerpts from the User Group’s recommendations to the Minister of Justice.

 

RECOMMENDATIONS TO THE MINISTER – AUGUST 16, 2000

 

UGF REF. #2000-02

 

Issue: There are significant differences of opinion as to the present number of firearm owners in Canada.

 

Rationale: Current government estimates of 2,200,000 firearm owners, and firearms organizations estimates of 7,000,000 firearm owners are too far apart to gauge the magnitude of the work needed to licence all firearm owners by the due date.  Former estimates are based on calculations using antiquated data and projections, polls wherein respondents may not be willing to declare themselves, or where the sample population was not necessarily chosen according to known areas of firearms ownership.  Without such a current gauge, no accurate target is attainable under the present Licencing system.

 

Recommendation: That an RFP be prepared to assess the feasibility of such research at this point in time based on the current climate in the firearms community.  If the feasibility assessment supports further research, then the User Group recommends it play an active role to assist in the success of the project.

 

UGF REF. #2000-03

 

Background: There are a number of firearms prescribed as prohibited that are suitable for target shooting and other legal activities.  These firearms should be re-examined and those suitable for target and other sporting activities should be removed, as were the Valmet Hunter and others in 1999.

 

Issue: The fear of confiscation prevalent in the firearms community relative to the transfer of firearms from one class to another is a major concern to firearms owners.

 

Recommendation:  Withheld citing section 21(1)(a) of the Access to Information Act

 

UGF REF. #2000-04

 

Issue: Many thousands of these [prohibited firearms] were legally imported in the past, or in some cases brought back as war trophies.  However, the owners either did not register them in time for the various cutoff dates or still do not know these firearms require registration.  The current registration system contains no information on these firearms and their current owners. No legal means exist whereby these firearms may be registered to qualified owners.  The methods of storage of these firearms are also unknown.  Their potential for transfer to questionable persons is unsafe.  An attempt must be made to permit registration of these firearms to qualified individuals.

 

Rationale: Registration of these [prohibited] firearms is essential since many of them continue to be out of the system since many years, or are being transferred to unqualified persons outside the firearms community.  This issue has been brought up in the past and must be settled if the culture of safety is to be maintained.

 

Recommendation:  Withheld citing section 21(1)(a) of the Access to Information Act

 

 

RECOMMENDATIONS TO THE MINISTER – APRIL 25, 2001

 

UGF REF. #2001-02

 

Issue: There are still a significant number of Canadian firearm owners who have not yet applied for a licence to possess their firearms (POL).  The reasons are varied, but the number is an important one, as is the matter of licencing all firearm owners within the culture of safety being promoted for the legislation.  However, they cannot apply for a possession licence since it no longer exists, and they are faced with the only legal choice being to apply for a possession and acquisition licence (PAL).  This may not be needed or wanted, and such an application may lead the firearm owner to believe that criminal charges may be laid if this application is made under the only present option available, a PAL.

 

Recommendation:  Withheld citing section 21(1)(a) of the Access to Information Act

 

UGF REF. #2001-04

 

Issue: There are a great number of firearm owners who either do not know or do not realize that all firearm transfers must be done through the Canadian Firearms Registry System (CFRS) with the necessary approvals and authorization numbers being issued.  A major publicity effort is essential to inform Canadians that all transfers of firearms must go through the Canadian Firearms Registry System since December 1, 1998 to clarify any misconceptions that are prevalent at this time.  Such an effort will also have a significant effect on the grey and black markets, which are fed in part by the abovementioned misconceptions.  It will also aid in recognizing the legitimacy of safe and legal firearm ownership by encouraging the legal process.

 

UGF REF. #2001-05

 

Issue: There are a significant number of firearms that would fall within the boundaries of Firearms Act subsections 12(2) to 12(6) [prohibited] if their owners were permitted to qualify and register them.  These firearms were legally acquired as non-restricted firearms prior to the cutoff dates being publicized.  They became restricted and then prohibited firearms through subsequently introduced cutoff dates and Orders in Council.  Their owners were not aware that these firearms became prohibited at the various cutoff dates.  Many owners still do not know that they possess prohibited firearms.  The potential for disposal to questionable person’s increases with time and as more publicity is done about these firearms within the present legal parameters.  The unknown storage methods of these unregulated firearms may present a danger to public safety.

 

Recommendation:  Withheld citing section 21(1)(a) of the Access to Information Act

 

UGF REF. #2001-06

 

Issue: Some parts [of Bill C-15] continue to be debated and questioned as to their correct interpretation due to the complexity of C-68 itself.  The addition of an energy standard to the registration exemption in C.C. [Criminal Code] 84(3) is an excellent example of the ongoing interpretation debate, as is the “question” of what exactly constitutes a “firearm”.  In addition, there continues to exist a pervasive mistrust of the firearm laws among numerous firearm owners.  Also, the attendant anxiety attached to overly complex and difficult to comprehend legislation feeds the underlying fear of confiscation associated with universal registration, which is at the root of the above problems and will affect the current registration initiative.

 

UGF REF. #2001-07

 

Issue: Modern percussion muzzleloaders are classed as firearms for registration purposes by their not being included in the prescribed list of antique firearms.  However, modern percussion firearms are essentially the same as percussion muzzleloaders manufactured before 1898.

 

Recommendation:  Withheld citing section 21(1)(a) of the Access to Information Act

 

UGF REF. #2001-08

 

Issue: There is apparently some confusion in the firearms community concerning the wording of a particular change in Bill C-15, relating to the addition of an energy standard in the Criminal Code paragraph 84(3)(d).  Many groups are interpreting the change as if the energy standard would create firearms from airguns, paintball launchers etc. Specifically, the use of a double negative “not” in subsection 83(4) and 84(3)(d) combined with the word “or” in sub-paragraphs 83(4)(d)(i-ii) is apparently the source of the concern.

 

Recommendation:  That the amendments in Bill C-15 to subparagraphs 83(4)(d)(i-ii) concerning the inclusion of an alternative energy standard together with the current velocity standard be clarified by redrafting the wording, to present the average reader with a clearer understanding of the legislative changes.

 

Rationale: Clarity leads to maximum compliance and a minimum of error factor.

 

NOTE #3:  Section 21(1)of the Access to Information Act states: The head of a government institution may refuse to disclose any record requested under this Act that contains (a) advice or recommendations developed by or for a government institution or a minister of the Crown.