How to Handle Firearms and Licenses After Death in Canada

Firearms are a unique category of personal property that require careful handling after the owner’s death due to their legal, safety, and regulatory implications. In Canada, the management of firearms and firearm licenses involves strict compliance with the Firearms Act, as well as coordination with provincial and federal authorities. Executors, family members, and beneficiaries need to navigate these processes to ensure the safe and legal transfer or disposal of firearms.

This guide outlines the key steps, legal considerations, and resources for handling firearms and related licenses after a death in Canada.

Legal Framework for Firearms in Canada

Firearms in Canada are regulated by the Firearms Act, as well as various provincial laws. The legal classification of firearms is a critical factor in determining how they should be managed after the owner’s death. Firearms fall into three categories:

1. Non-restricted: Hunting rifles and shotguns.
2. Restricted: Handguns and certain rifles or shotguns.
3. Prohibited: Specific firearms banned for civilian ownership, such as fully automatic firearms and certain handguns.

Key requirements include:

• Possession and Acquisition License (PAL): Required for owning or acquiring firearms.
• Authorization to Transport (ATT): Required for moving restricted or prohibited firearms.
• Firearm Registration: Mandatory for restricted and prohibited firearms.

For more information, visit the Royal Canadian Mounted Police (RCMP) Canadian Firearms Program.

Steps to Handle Firearms After Death

1. Secure the Firearms

The first priority is to secure the firearms to prevent unauthorized access or misuse. Ensure they are:

• Unloaded
• Locked in a secure storage container
• Stored separately from ammunition

For storage guidelines, refer to the RCMP’s Safe Storage Regulations.

2. Identify and Classify Firearms

Determine the type of firearms in the deceased’s possession. Review:

• Ownership documents, such as the PAL
• Registration certificates (for restricted or prohibited firearms)
• Firearms themselves to identify make, model, and classification

If classification is unclear, consult a licensed firearms expert or contact the RCMP for assistance.

3. Notify the Authorities

Contact the RCMP Canadian Firearms Program to:

• Inform them of the firearm owner’s death
• Confirm the status of licenses and registrations

You can reach the RCMP’s Canadian Firearms Program at 1-800-731-4000 or via their online portal.

4. Determine the Firearms’ Fate

Depending on the deceased’s wishes, the firearms may be:

• Transferred to a beneficiary
• Sold to a licensed buyer
• Donated to a museum or other organization
• Surrendered for destruction

Ensure compliance with legal requirements for each option.

5. Transfer Ownership

If the firearms are to be transferred:

1. Confirm the recipient holds a valid PAL for the firearm’s classification.
2. Complete the transfer process through the RCMP, which includes verifying the recipient’s eligibility.
3. Obtain an Authorization to Transport (ATT) if the firearm is restricted or prohibited and needs to be moved.

Learn more about transfers at the RCMP Transfer Firearms Guide.

6. Dispose of Firearms

If no beneficiary or buyer is identified, firearms can be surrendered to the police or a licensed firearms dealer for destruction. Contact your local police service for instructions on safe surrender procedures.

Handling Firearm Licenses

The deceased’s PAL must be canceled. To do so:

Notify the RCMP of the death and provide a copy of the death certificate.

Return the PAL to the RCMP by mail:

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

For more details, visit the RCMP’s Firearm License Guide.

Special Considerations

1. Prohibited Firearms

Prohibited firearms are highly regulated and cannot be transferred to most individuals. Options include:

• Donating to an approved museum
• Surrendering to the police for destruction

Consult the RCMP for guidance.

2. Firearms in a Business

If the deceased owned firearms as part of a business (e.g., a gun shop or shooting range), the executor must:

• Contact the Chief Firearms Officer (CFO) in the province for business-specific regulations
• Follow additional requirements for inventory management and disposal

3. Wills and Estate Planning

Firearms should be explicitly addressed in the deceased’s will. Executors must:

• Follow instructions outlined in the will
• Ensure compliance with federal and provincial firearms laws

For estate planning resources, visit the Government of Canada’s Estate Planning Guide.

Avoiding Common Pitfalls

1. Ignoring Legal Requirements

• Failing to follow the Firearms Act can result in penalties or criminal charges.

1. Delaying Action

• Prolonged inaction may lead to expired registrations or licenses, complicating the process.

1. Unauthorized Handling

• Only individuals with a valid PAL should handle firearms.

Resources for Executors and Beneficiaries

• RCMP Canadian Firearms Program: Comprehensive resources for firearms management.
• Provincial Chief Firearms Officers: Contact information for provincial firearms authorities.
• Service Canada – What to Do When Someone Dies: General guidance for managing estates.

Handling firearms and licenses after death in Canada requires diligence, legal compliance, and timely action. Executors and beneficiaries should secure firearms immediately, notify the authorities, and follow proper procedures for transferring or disposing of firearms. Consulting legal and firearms experts can provide additional clarity and ensure a smooth process.

For more assistance, reach out to the RCMP’s Canadian Firearms Program or a qualified firearms lawyer.

Disclaimer: This guide is for informational purposes only and does not constitute legal or financial advice. Always consult qualified professionals for advice specific to your situation and jurisdiction.