FIRST SUPERFICIAL ANALYSIS OF THE ROCK BILL BY THE NFA

Rock's Bill creates a new Firearms Act (FA), complete with
penalties including imprisonment, outside the Criminal Code, and
completely revises the firearms sections of the Criminal Code.

FA s. 110 authorizes Orders in Council to control decisions as to
whether or not a person "does or does not need firearms" to
protect life, "use of firearms" for target shooting,
"establishment and operation" of gun clubs, "activities" clubs
may carry on, "possession and use of firearms" at ranges,
"records" of club members, "establishment... maintenance [and
disposal] of gun collections", "operation of gun shows",
"possession and use of restricted firearms", "possession at any
place...  of firearms", {"creating offences consisting of 
"contraventions of the regulations"}, {"PRESCRIBING FEES THAT
ARE TO BE PAID... for licenses, registration certificates,
authorizations, approvals of transfers and importations of
firearms, and confirmations by customs officers}", ordering
{different ways to apply the firearms control laws to
aboriginal peoples}, and {"prescribing anything that by any
provision of this act is required to be prescribed}."

{One note of interest:} Once an initial Order in Council
regarding aboriginal peoples has been made under FA s. 110 (t),
then s. 112(1) allows the Minister to do virtually anything to
aboriginal peoples' firearms by an Order in Council that is never
laid before Parliament and comes into effect immediately.

FA s. 111 requires each OIC to be "laid before each House of
Parliament... for 30 sitting days," but {FA 112 then says that
FA 111 does not have to be complied with} if an earlier OIC is
being changed, if the "{Minister is of the opinion that the
changes [are] immaterial or insubstantial]," if the OIC is under
s. 110 (i), (l), (m), (n), (o), (q), (r), or (s) where the
"Minister is of the opinion that [the matter is] urgent}," or
under s. 110 (v) where the Minister wants to change a {voiding,
eligibility, critical or other date affecting any provision}. 

That "date" provision allows sudden changes of status for large
blocs of firearms--and their immediate confiscation.  More? FA s.
112(6): "{For greater certainty, a regulation may be made} [by
OIC] {under Part III of the Criminal Code without being laid
before either House of Parliament}."  The exceptions {eliminate}
scrutiny by Parliament, allowing the firearms control system to
operate as a Minister's dictatorship.  All MPs are shut out.

{To own {any} firearm}, the owner must have {both} a {license} and a
{registration certificate} [CC s. 91(1) and FA s.22].

{To transfer {any} firearm:} {Buyer} must have a {license} to
acquire and possess {that kind of firearm}.  {Vendor} must
"notify" the Chief Firearms Officer (CFO), and "obtain his
authorization."  A new registration certificate "is issued" to
{Buyer}--when, how, and by whom, will apparently be
determined--later--by OIC, as will what {fees} you must pay.

{All registrations go through the single provincial CFO}
(replaces Chief Provincial Firearms Officer); registration
is slowed and made more expensive.  Fees are charged.

When "notified," the Chief Firearms Officer must [FA s. 26]
"verify" that {Buyer} has a license, "is still eligible to hold
that license," and "whether the license authorizes [{Buyer}] to
acquire that type of firearm."  {{Expensive and time-consuming}}.

{To transfer or import a "restricted" firearm}, the CFO must
also "verify the purpose" {Buyer} has in acquiring it,
"determine whether [or not] the firearm is appropriate for that
purpose", and {"decide whether [or not] to approve"} it.  {If} he
approves, he must "inform the Registrar."  More time and cost.

{The CFO must also take any "prescribed measures" from OICs.}

FA 27: The CFO {may} approve such a transfer or importation
{"only if [he] is satisfied"} [How?] that {Buyer} wishes to
use it for protecting life, lawful occupation, target shooting at
an approved club, or for a collection.

The new registration certificate is said (in handouts) to be an
expensive plastic card with information about owner and firearm
printed, on a magnetic stripe, and on a bar code panel.

It is unclear whether the firearm is physically transferred
before, when or after the new registration certificate arrives in
the hands of the buyer.  It seems probable that the firearm will
have to be stored by the chief firearms officer until the process
is completed, which will be expensive and annoying.

The "prescribed conditions" must all be "complied with."  Since
such "conditions" are issued by Order in Council, it is highly
probable that every change will cause severe problems.  The
National Firearms Manual, which records current system changes,
was revised 226 times between 01 Jan 78 and 26 Jan 94, or about
once every 26 days for 16 years.  {Expensive and confusing.}

{To transfer {any} ammunition to another:} Buyer must have a
license, or a "prescribed document" made available by an OIC.

{A business needs a license} [FA s. 54(3)] from the CFO, and
pays a licensing {fee} [s. 110 (p)] for it.

To import firearms for stock, it must get an {authorization} to
import [s. 42] from the CFO and pay a {fee} [s. 110 (p)] for it.

It must then show the authorization to a Customs Officer [s.
46(1)], who {may} confirm it [s. 46(2), charging another {fee}
[s. 110(p)] for the confirmation.

If the Customs Officer refuses to confirm, the Customs Officer
{may} authorize the export of the goods [s. 46(3)].  {Goods
not exported within ten days are forfeit to Her Majesty} and
"disposed of in the prescribed [FA s. 110] manner."


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