New regulations bring into force act aimed at cracking down on gun violence

The act and regulations include the following offences:

• transporting loaded firearms in a vehicle or boat
• requiring that low-velocity and imitation firearms are securely stored when being transported in a vehicle or boat
• discharging firearms from a vehicle or boat
• making it an offence to operate a vehicle that is illegally transporting a firearm. A firearm is being illegally transported if no one in the vehicle has the federal licences and authorizations to possess the firearm or if the firearm is not being transported in accordance with federal law
• using, transporting, carrying or storing firearms in an unsafe manner
• causing a public disturbance with low-velocity firearms or imitation firearms
• possessing a firearm or imitation firearm in or on designated property
• possessing low-velocity firearms or imitation firearms if subject to federal prohibition
• prohibiting individuals from selling low-velocity and imitation firearms to youth under 18 years of age, such as BB, pellet and airsoft guns and lighters designed to look like firearms and other objects that could reasonably be mistaken to be firearms

In-depth engagement took place with diverse stakeholder groups, including recreational firearm users, the federal government, the education sector and First Nations organizations.

Their feedback helped shape the regulations, such as:

• firearm violence prevention general regulation
• firearm violence prevention (designated properties) regulation
• amendments to Wildlife Act regulations
• amendments to violation ticket administration and fines regulation
• amendments to conservation officer service authority regulation and the park, conservancy and recreation area regulation

Youth recruitment into gangs

Youth who are being recruited into gangs may be encouraged to carry low-velocity firearms, such as BB, pellet and airsoft guns, and imitation firearms. Low-velocity firearms and imitation firearms may be used to support gang activities and carrying them will desensitize the individuals to carrying firearms in the future. Police have limited tools to address this behaviour when the low-velocity firearm or imitation firearm has not been used in the commission of a crime and the simple possession of these objects is not regulated.

The act addresses this by:

• prohibiting the sale of low-velocity and imitation firearms to youth
• requiring youth who are transporting (in and outside of vehicles) low-velocity and imitation firearms to store them unloaded and in a locked non-transparent case

Use of rental cars and cars owned by non-gang members during gang activity

Members of gangs and organized crime will typically use rental cars or cars owned by non-gang members during gang activity. Gang members have been known to try to evade detection and prosecution by having friends or spouses transport firearms for them, or by using rental cars and claiming they were unaware when a firearm is discovered in the vehicle. This is no longer an excuse gang members will be able to use if police stop the vehicle and locate a firearm.

The act addresses this by making it an offence to operate a vehicle that is illegally transporting a firearm, regardless of where the firearm is stored in the vehicle. A firearm is being illegally transported if no one in the vehicle has the federal licences and authorizations to possess the firearm or if the firearm is not being transported in accordance with federal law.

Exemptions

Exemptions from prohibitions in the act include:

• law enforcement and other professionals who are required to possess and use firearms
  It includes:
  • prescribing additional types of wildlife officers for exemptions under the Wildlife Act
  • Parks Canada volunteers
  • individuals working with animals pursuant to federal legislation, such as the health of animals regulation and the Fisheries Act
  • game and livestock farmers, and veterinarians 
• safe and otherwise lawful activities involving firearms, including low-velocity firearms, and imitation firearms on designated property, such as:
  • artistic activities, such as films and photography
  • firearms safety training 
• exemptions for the operators of commercial passenger vehicles (taxis and Uber), ferries and federally regulated passenger boats when the offence occurs as a result of the actions of a passenger

Enforcement

An education-first approach may be preferential when responding to an honest mistake where there are limited risks to public safety, whereas violation tickets will be used when an enforcement action is appropriate, and prosecution is reserved for the most serious circumstances.

Federal and provincial jurisdiction respecting firearms

The federal and provincial governments each have jurisdiction to regulate firearms, but for different constitutional purposes.

The federal government makes laws respecting criminal offences involving firearms as well as laws respecting the manufacture, sale, possession, ownership and transportation of firearms. It includes the authority to generally prohibit the ownership of specific types of firearms.

The Province has the authority to regulate property rights, which includes the authority to regulate the ownership and use of firearms within British Columbia.

While firearms are generally prohibited in specified properties, such as places of worship, courts, child care facilities, hospitals, K-12 schools and post-secondary institutions, by a mix of laws, policies and procedures, the act puts in place an additional prohibition that is easy to understand and provides additional tools for law enforcement.