Policy Memorandum

Issue:

Arbitrary imposition by certain Chief Firearm Officers of a condition of range membership for the issuance of a PAL, for the authorization of a transfer, or for the issuance of an ATT.

Policy Memorandum No.:

15-14

Replaces (if applicable):

N/A

To be read with (if applicable):

N/A

Passed by Policy Committee:

23 September 2015

Passed by Board of Directors

23 September 2015

Policy:

To seek legislative changes to remove the arbitrary power of Chief Firearm Officers to impose a condition of range membership in order to (a) obtain a PAL, (b) authorize a transfer of a restricted or prohibited firearm, or (c) obtain an ATT and to prevent the CFOs from imposing a condition requiring range membership to exercise the privileges of the AATT in s. 19(2.1) of the Firearms Act.

Rationale and Discussion:

There is no basis in law for the arbitrary imposition of a condition of range membership for the issuance of a PAL, the authorization of a transfer, or to obtain an ATT. The Firearms Act does require the CFO to be satisfied that the purpose of a transfer is one of the permitted purposes listed in s. 28, but there is no such purposive restriction with respect to the issuance of a PAL or an ATT. Further, the CFOs continually refer to s. 28(b) and ignore s. 28(a) which provide that self-defence and lawful profession or occupation are permitted purposes. Furthermore, s. 28(b)(i) does not in and of itself impose a condition of range membership. Many target shooters do not belong to a range, and many ranges are open to non-members.