Inherited prohib guns

[Grinder]

Hi all I will be inheriting several guns. Mostly long guns with no issue. The problem is there are 3 handguns. I have my pal for restricted non restricted licence so 2 are ok. One is the problem its a 1904 Colt saa 32 cal. It was grandfathered to my mother from when my uncle passed with great hassle from rcmp. Picture 60 year old mother getting pal just so she can keep her family inheritance. I couldnt because she was the sole inheriter. Acording to the rcmp it was to be surendred to be destroyed because of the calibre. Still have the letter from rcmp. We managed to keep it through the grandfathered thing. Now shes getting on and I have been told diffrent things like it can only be grandfathered once so it has to be either destroyed or sold to an appropriately licenced collector in canada when she passes. Who will lowball the crap out of it because he knows we are in a jam. How can I keep this gun in the family? Do I get a prohib licence and what do I need to do to get it. It is a beautiful gun with documents from Colt as authentic, sold from a hardware store in Manitoba in 1904 to my great uncle. His job was to take you to the section of land you were given in Sask when you got off the boat. What do I do ? Thanks

 

[koby]

Prohibited Firearms - Royal Canadian Mounted Police


It would appear that you only option is to decommission the piece. You'll then need to have it proved and documented.

 

[medler]

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Inherited Firearms

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

a firearms possession licence AND
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. The Department of Foreign Affairs and International Trade (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.

Information

For more information, contact the CFP.

This fact sheet is intended to provide general information only. For legal references, please refer to the Criminal Code and the Firearms Act and their corresponding regulations. Provincial, territorial and municipal laws, regulations and policies may also apply.

Date Modified: 2015-09-04

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Important Notices

 

[DRD]

Entire class and calibre of guns that will one day be history as their owners pass on. I might be cynical but that seems like a long range plan to get rid of one class of firearm. What's next? Semi-auto?

 

[smokinD]

Put it in a Glass Box and display on the Wall Proudly!!

 

[snopro]

Put it in a Glass Box and display on the Wall Proudly!!

Yes without the firing pin. What can they do? They wouldn't know you had it unless they came in your door. Most people don't know the laws. After reading Medlers post who has the time? Lol.

 

[Clode]

That would be the damn day I would turn in a part of history for destruction, what a great old pistol, if nothing else I would try to sell/give to a collector/museum in the States that will preserve it.

 

[Grinder]

She has 12(6) handgun on her licence and the gun is registered to her. Does this not pertain to me:

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.

 

[adamg]

Darn, just missed the antique cutoff.

 

[medler]

Yes without the firing pin. What can they do? They wouldn't know you had it unless they came in your door. Most people don't know the laws. After reading Medlers post who has the time? Lol.

That's the problem. The rules and wording is so stupid.

I would make it inoperable and leave it be

 

[Summitric]

Remove the firing pin to disable it, and keep it dean.... True collectors item, and I suspect worth a few bucks


Sent from my iPad using Tapatalk

 

[Grinder]

Talked with CFO And when she passes I will get the 12.6 on my license and keep the gun. As is no mods.

 

[Summitric]

Congrats, deano... Enjoy the gun


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[gibsons]

Good to hear!!

 

[-lenny-]

And what if, allegedly of course, the person who passed had no licence, but possessed 12.6 guns due to inheritance. The person inheriting from them has the standard restricted/non-restricted licence.

 

[Grinder]

I think it would still go to the inheritor but it would have to be registered at that time and then the 12.6 would go on the new license. She told me that the 12.6 would not appear on my license until mum passes. This is the # to call and get exact info 1 800-731-4000.