Firearms Ban: A look at OFAH Recommendations

When the federal government announced a sweeping ban on 1,500 types of firearms on May 1, 2020, the firearms community was left frustrated and looking for answers.

The OFAH has spent countless hours working every angle in an effort to seek clarity and obtain the answers that firearms owners needed. In lockstep, we also began formulating a significant list of recommendations for the government. On May 28, we presented these recommendations in a letter to Minister of Public Safety and Emergency Preparedness, Bill Blair.

The underlying recommendation and message to Minister Blair was simple – repeal the regulations.

“The government needs to repeal these regulations,” explains OFAH manager of fish and wildlife services, Matt DeMille. “They need to replace it with a response that is evidence-based, will have maximum enhancements to public safety, and have an absolute minimum impact on responsible firearms owners. This isn’t it.”

While hunters weren’t the primary target of these bans, many have been caught in the crosshairs with the consequences going far beyond the stated scope.

“Hunting firearms have been prohibited by the ever-increasing, unnecessary and maybe even unintended reach of these bans,” explains DeMille. “The inadequate consultation, lack of government preparedness for the changes, and the arbitrary nature of the reclassification criteria has landed us here and should worry every firearms owner.”

Meanwhile, for those not impacted directly, the confusion and uncertainty resulting from the bans has delayed and even cancelled international firearm shipments that could impact the availability of common hunting firearms heading into the fall season.

Additional OFAH recommendations:

Reducing gun violence in Canada

• Address gun violence directly. Taking firearms away from law-abiding Canadians won’t reduce the demand for illicit firearms by criminals;
• Invest in a deeper look at the root of issues and immediately commit to tackling the social determinants of gun violence, gangs, and the demand for illicit firearms;
• Continue investments in the Canada Border Services Agency by providing the tools and resources needed to stop the flow of illegal firearms into Canada;
• Further invest in police services at all levels to tackle gangs, organized crime, and the market for illegal firearms;
• Invest in the justice system with the capacity and policies needed to keep criminals in jail; and,
• Show leadership in the coordination of police services across the country to better flag suspicious purchases and other firearm-related criminal offences.

Firearms classification

• Use clear, transparent, and evidence-based classification criteria that aren’t redundant with existing prohibitions;
• Implement adequate regulatory consultation and preparation to minimize unnecessary consequences;
• Acknowledge that the newly prohibited firearms were reclassified almost entirely based on a model-ban approach, and the stated criteria are not actually the defining characteristics for them; and,
• Publicly clarify that fully automatic firearms, devices that increase rate of fire (electrical and mechanical), and large-capacity magazines are already prohibited in Canada, meaning that the amended regulations do not actually cover policy gaps.

Bore diameter prohibition (larger than 20mm)

• Immediately repeal and replace with a prohibition that specifically prescribes grenade launchers or a more explicit description; and,
• Provide exemptions for shotguns, as well as legal clarification that offers the certainty needed by firearms owners and businesses if a bore diameter probation remains in effect.

Muzzle energy prohibition (more than 10,000 joules)

• Immediately repeal and replace with a clear and transparent prescribed list of firearms that the government intends to prohibit.

Firearms for hunting and sporting purposes

• More clearly define the terminology of ‘reasonable for hunting and sporting purposes’ with detailed rationalization for how thresholds were determined; and,
• Address how the amended regulations are legal given the Governor in Council’s regulation-making powers are limited for firearms that are ‘reasonable for hunting and sporting purposes’.

Government communication with firearms community

• Establish a regularly updated webpage that clearly identifies the firearms that have been reclassified as prohibited since May 1, 2020; and,
• Ensure that police and prosecutorial discretion is used to eliminate any criminal liability for responsible firearms owners and businesses.

Firearms Industry

• Waive the maximum storage period and fees for shipments held at the Canadian border, and expedite the export permit process due to the current circumstances; and,
• Clarify, with as much legal certainty as possible and consistency in interpretations among government agencies (e.g. RCMP and CBSA), the uncertainty that will have immediate and lingering impacts on the businesses and economies that rely on firearms;

Amnesty period

• Permit the use and transport of newly prohibited firearms during the amnesty period.

Buy-back program

• Make it completely voluntary, and therefore, include a grandfathering option for those who want to keep their firearms;
• Evaluate both fair market and replacement values and offer the higher of the two prices to provide ‘fair compensation’;
• Include all products and accessories specific to newly prohibited firearms;
• Have an industry-specific component with robust consultation and full compensation offered for all products specific to prohibited firearms; and,
• Use all financial resources not spent by implementing a voluntary buy-back program (i.e. money that doesn’t need to be paid out to owners who retain their firearms), and invest it directly in relevant social programs, police services, CBSA, and the Canadian justice system to help reduce gun violence.

Grandfathering

• Offer firearms owners a grandfathering option to allow Canadians to maintain their lawfully purchased firearms; and,
• Fully explore continued transport and use of the newly prohibited firearms, under the strict provisions governing restricted firearms.

In the letter to minister Blair, the OFAH also attempted to address the unnecessary consequences of the amended regulations.

“The desire to reduce gun violence and mass shootings is a noble and necessary government action, but they should have exhausted all available non-regulatory and regulatory measures prior to implementing a ban that will have significant negative impact on law-abiding Canadians and the Canadian economy,” DeMille adds.

For more on this and other OFAH firearms advocacy visit www.ofah.org/firearms.