Navigating Estate Administration: Handling Restricted Firearms in British Columbia

When managing an estate in British Columbia, executors may encounter a wide range of assets—including restricted firearms. Unlike other possessions, these firearms are subject to strict Canadian laws and must be handled with care to ensure compliance. Here’s what you need to know to navigate the process smoothly.

Understanding Restricted Firearms

In Canada, restricted firearms include certain handguns and semi-automatic rifles. These firearms require special licensing, registration, and strict transfer procedures. As an executor, you must follow legal protocols when dealing with them, even if you do not personally hold a firearms license.

Steps for Executors Without a Restricted Firearms License

If you are an executor managing an estate that includes restricted firearms but do not hold the necessary license, follow these steps to ensure legal compliance:

1. Notify the Canadian Firearms Program (CFP)

Your first step is to contact the Canadian Firearms Program (CFP) to report the firearms in the estate. The CFP will provide guidance on how to proceed, including legal transfer options and storage requirements.

2. Appoint a Licensed Individual

If you do not hold a valid Possession and Acquisition Licence (PAL) with restricted firearm privileges, you will need to appoint someone who does. A licensed individual can legally possess, transport, and assist in the sale or transfer of the firearms.

3. Arrange for Legal Transfer or Sale

The transfer or sale of restricted firearms must follow federal regulations, which include:

• Conducting background checks on the buyer.

• Registering the transfer with the CFP.

• Completing all required documentation.

Executors should ensure that any transfer meets all legal requirements before proceeding.

4. Maintain Proper Documentation

Keeping thorough records of all communications and transactions related to the firearms is essential. Document any correspondence with the CFP, records of transfer, and agreements with licensed individuals.

5. Follow Storage and Transportation Regulations

Until the firearms are legally transferred or sold, they must be stored and transported according to Canadian laws. This includes:

• Using locked, secure storage containers.

• Following legal transportation methods (e.g., ensuring firearms are unloaded and locked during transport).

Failure to comply with storage and transportation regulations can result in legal consequences.

Final Thoughts

Handling restricted firearms in an estate requires careful attention to legal requirements. By following these steps and working with licensed individuals, executors can ensure they manage these assets in full compliance with Canadian law.

For additional guidance, always consult the Canadian Firearms Program (CFP) and consider seeking legal advice from professionals experienced in estate administration and firearms law.