Before I continue, please note that I am not a lawyer or police officer, and my knowledge of Canadian Antique Gun Law is based strictly on my own experience and observations. The “Regulations Prescribing Antique Firearms” (SOR/98-464) states that a firearm is deemed antique if it is one of the following (I am leaving out shotguns and rifles):
1. A reproduction of a flintlock, wheel-lock or matchlock firearm, other than a handgun, manufactured after 1897.
Handguns
2. A handgun manufactured before 1898 that is either a muzzle-loading gun or capable of discharging only rim-fire cartridges, other than 22 Calibre Short, 22 Calibre Long or 22 Calibre Long Rifle cartridges.
3. A handgun manufactured before 1898 that is capable of discharging centre-fire cartridges, other than a handgun designed or adapted to discharge 32 Short Colt, 32 Long Colt, 32 Smith and Wesson, 32 Smith and Wesson Long, 32-20 Winchester, 38 Smith and Wesson, 38 Short Colt, 38 Long Colt, 38-40 Winchester, 44-40 Winchester, or 45 Colt cartridges.
From the above extract you can see that the rules are quite clear, and anyone who owns or purchases an antique firearm is well advised to obtain an “antique declaration” from the RCMP Firearms Technical Division. Although this process is voluntary, it may prevent future headaches. To recap, let us look at the rules:
1. This rule states clearly that no handgun, no matter what sort of ignition system it uses, is considered antique if it was manufactured after 1897. Rifles and shotguns are exceptions.
2. Any rim fire hand gun made before 1898 (and that is January 1, 1898) is deemed to be antique unless it is a .22. Reason being that you can still buy .22 ammo through commercial channels. .22’s are never considered antique in Canada, no matter how old.
3. This is the big one: Any center fire handgun made before January 1, 1898 is deemed antique unless it was originally chambered or has been adapted or redesigned to accept one of the following calibers:
a. .32 Short Colt
b. .32 Long Colt
c. .32 Smith and Wesson
d. .32 Smith and Wesson Long
e. .38 Long Colt
f. .38 S&W
g. .38-40 Winchester
h. .44-40 Winchester
i. .45 Colt (which apparently does not include ACP)
It should be noted here that guns firing .25 and .32 centerfire cartridges are already considered prohibited, no matter the age.
It should also be noted that it is the owner’s responsibility to prove the age of the gun to the Technical Division. If they cannot ascertain the gun’s age or caliber with certainty, the application will be rejected. Here are a few helpful facts:
European made guns are sometimes easy to date, because European countries have had state-run proofing houses for several centuries. Belgium is perhaps the best, and most thorough system. The letters ELG (Eprouve a Liege Garantie, meaning Guaranteed Liege Proof) is the standard state proof mark, in conjunction with an inspector’s mark. Depending on the mark, a gun can be easily dated:
- ELG in an oval, with a capital letter under a crown means the gun was made before 1877.
- ELG in an oval with a capital letter under a star means the gun was made between 1877 and 1893.
- ELG with a crown above it and a capital letter under a star, (and usually the letter “R” with a crown above it) means the gun was made after 1894, and may have been made as late as last week, because this arrangement of proof marks has not changed… the only way you may be able to prove to the RCMP that your gun is antique is if it is marked with a maker’s name and that maker went out of business before 1898.
German, French and British guns are less easy to date based on proof marks, and American made guns are impossible to date this way, because the US do not have a proofing system. Not all is lost, however as it is often easy to date an American or European gun by either the serial number (Colt, S&W and Remington records are still available) or even just the name. For example, the company of Forehand & Wadsworth changed its name to Forehand Arms when Wadsworth retired in 1890. Therefore any gun marked “Forehand And Wadsworth” is guaranteed to be antique (if it is in an acceptable caliber). Forehand Arms went out of business in 1898 – so it may be difficult to prove a Forehand Arms gun to be pre-1898. Harrington and Richardson, on the other hand continued to make hand guns until the 1940’s and it depends on the model if it is considered antique or not. Hopkins and Allen is another of these cases where it depends on the model of gun: the XL series was made pre-1898, as were their “Blue Jackets”, however their “Vest Pocket Deringer” was made as late as 1915. So, you can see the collector has to be vigilant, and do his research…
A final note on “conversions”: there are some antique hand guns which were duly converted from one type of caliber or ignition system to another, mostly percussion revolvers converted to either rim fire or center fire cartridges, “back in the day”. They are usually still considered antique, unless the conversion was to a caliber listed above in the “exceptions”. Based on my conversations with the RCMP Technical Division, a gun cannot “gain” or “lose” its status. This means, an antique will still be considered antique, even if it was converted to a modern caliber (except those listed as exeptions), and one which was originally exempt from antique status cannot be made “antique” by changing the caliber to one which is not exempt…Sound confusing? It is, and you better check with the RCMP before you buy a converted antique, or attempt to convert one yourself.
As an importer of antique guns from the US and Europe, all my merchandise has to be verified by the RCMP and in due time I do receive the “Antique Declarations” which I always forward to my customers. It is only when I buy at a Canadian show that I may not have the letter, but I can either apply on my customers’ behalf, or they can do it themselves. There is no cost involved at this time.
I hope you find this information useful. Please feel free to contact me if you have any questions.
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Originally Posted by brandon_ha
