Versions

[37] Bill 67 Original (PDF)

Bill 67

Bill 672000

An Act to protect

the public by regulating the

sale of replicas of firearms

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act, "

firearm" means any barrelled weapon from which shot, bullet or other missile can be discharged by means of rimfire or centre-fire ammunition and that is capable of causing serious bodily harm or death; ("arme feu") "

replica of a firearm" means an object that is not a firearm but might reasonably be mistaken for a firearm and includes compressed air and compressed carbon dioxide powered b-b and pellet guns and starter pistols. ("rplique d'arme feu")

Prohibition, purchase of replica

2. (1)No person shall purchase a replica of a firearm unless he or she satisfies the following conditions:

1.The purchaser must produce identification showing that he or she is at least 18 years of age and showing his or her home address.

2.The purchaser must make a signed statement describing the intended use of the replica and confirming that he or she does not intend to use the replica for an unlawful purpose.

3.The purchaser must not have been convicted of a criminal offence and there must not be any pending criminal charges against the purchaser.

Use of replica

(2)The purchaser of a replica of a firearm shall not use the replica for a purpose that is inconsistent with the intended use described in the statement referred to in paragraph 2 of subsection (1).

Prohibition, sale of replica

(3)No person shall sell a replica of a firearm to another person unless,

(a)the purchaser produces documentation as required under subsection (1); and

(b)the seller has received a police report verifying that the purchaser has not been convicted of a criminal offence and that there are no pending criminal charges against the purchaser.

Record of sale

(4)The seller shall maintain a record of each sale of a replica of a firearm and shall include in the record copies of the documents referred to in subsection (1).

Record-keeping

(5)The seller shall keep the record of the sales transaction until the fifth anniversary of the sale.

Offence

3. (1)A person who contravenes subsection 2 (1) is guilty of an offence and on conviction is liable,

(a)for a first offence, to a fine of not more than $5,000;

(b)for a second or subsequent offence, to a fine of not more than $10,000.

Same

(2)A person who contravenes subsection 2 (2) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Same

(3)A person who contravenes subsection 2 (3) is guilty of an offence and on conviction is liable,

(a)for a first offence, to a fine of not more than $25,000;

(b)for a second or subsequent offence, to a fine of not more than $50,000.

Same

(4)A person who contravenes subsection 2 (4) or (5) is guilty of a offence and on conviction is liable to a fine of not more than $10,000.

Commencement

4.This Act comes into force six months after the day it receives Royal Assent.

Short title

5.The short title of this Act is the Replica Firearms Regulation and Protection Act, 2000.

EXPLANATORY NOTE

The Bill prohibits the sale or purchase of a replica of a firearm unless the purchaser is at least 18 years old and provides certain documentation and unless the seller has received confirmation that the purchaser has not been found guilty of a criminal offence and that there are no criminal charges pending against the purchaser. The bill requires the seller of such replicas to maintain a record of each sale for a period of five years.