Considering that the Department of Justice estimates that approximately 25% of Canadian households own some sort of firearm, many Last Wills and Testaments will include provisions about what happens to these weapons upon the death of their owner.

The first thing to keep in mind is that the executor assumes control of the entire estate upon the testator’s death. If the testator owned firearms, the executor is considered to be in possession of them. That raises the issue of Canada’s strict rules around gun possession, as s. 91(1) of the Criminal Code states that: “every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of (a) a licence under which the person may possess it; and (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.”

That same section of the Code outlines that those found guilty of unlicensed possession may face a penalty up to five years in prison. However, a subsection that follows grants a special exemption, noting it will not apply to “a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it.”

According to the RCMP, executors are given a “reasonable length of time” to ensure any firearms are transferred and registered to a properly licensed individual or business. If that can’t be done, the executor must then “dispose of the firearms in a safe and lawful manner.”

Until either of those things happens, it is the executor’s duty to ensure that the firearms are safely stored. They also must determine if a valid firearms licence and registration certificate exist. If either of those documents can’t be found, it is the executor’s duty to work with staff members at the Canadian Firearms Program (CFP) to source these documents.

Executors must also provide various documentation to the CFP. This includes a completed Declaration of Authority to Act on Behalf of an Estate and confirmation that the registered owner of the firearm is deceased. That verification could be a copy of the death certificate, letters probate or “a document (on letterhead) from a police department or coroner.”

An important caveat is that if a person has been prohibited from owning weapons by the courts, they cannot take possession of weapons in their role of executor. Instead, they have to transfer the firearms to someone who is licensed to have them, as they continue with the rest of their duties.

Only those 18 years of age or older can inherit a firearm. They must also hold a valid Possession and Acquisition Licence (PAL) with the correct privileges. For example, if Uncle Harry has left you his hunting rifle, that is a non-restricted weapon that requires its owner to have taken a firearms safety course before receiving a PAL.

But if he instead left you a handgun, that is a restricted weapon, which requires its owners to have taken an additional course before receiving a PAL.

If there are no eligible heirs, or if no one in the group wants the firearm, executors have four options:

• Sell or give the firearm to any person or business with a licence to have that particular type of firearm.
• Call the CFP and arrange for an approved gunsmith to deactivate the weapon.
• Export it to a country that allows it, by calling Global Affairs Canada at 1-800-267-8376 for information.
• Give the firearm to a police officer or firearms officer for disposal. But please, don’t just walk into the police station with it, as your intentions could be misinterpreted. Call first and arrange to have it handed over.

While these rules help to ensure that firearms don’t end up in the wrong hands there have been tragic exceptions. This story notes that, in 2020, a man who killed 22 people in Nova Scotia acquired a Ruger Mini-14 semi-automatic rifle from a friend’s estate, for whom the man was acting as the executor. That weapon was found in the vehicle of the last person he killed.

We can trust that such a tragic outcome with an estate bequeathment is rare.

Be safe and have a good day,

Ian Hull