Firearms can be a tricky asset to plan for and administer in an estate.  

To gain a better understanding about how firearms may be transferred, it is helpful to understand what is (or isn’t) a firearm.

As a starting point:

1.  Not all guns are firearms.  For example a flare gun, starters’ pistol, and speargun are not considered firearms.   
2.  Some types of guns might be (or might not be) considered firearms.  In most cases a pellet gun (BB gun) or an airsoft gun is not a firearm, but could be, based on the “muzzle velocity” – or how fast the ammunition travels once the gun is fired. 
3. Really old guns are not considered firearms.  These are firearms made in 1898 or older.  This would include muskets or black powder guns people may keep as artifacts or for use in civil war reenactments. 
4. There are 3 types of firearm licenses in Canada based on the type of firearm.
   1. Non-restricted firearms.  This will be the firearm most likely encountered in estate planning and will include most “long guns” – rifles and shotguns. 
   2. Restricted firearms. Some of the characteristics of this type of firearm are that they can be a semi-automatic firearm with a barrel length of 44 cm, or can fire centre fire ammunition, or can be folded/telescoped to less than 66 cm. 
   3. Prohibited Firearms.  This would include more assault style weapons, such as the AK 47.
5. A word about handguns.  On December 15, 2023 the Federal Government changed the Firearms Act to limit the transfer of handguns.  The impact of this on estate planning is that a handgun cannot be transferred to an individual unless the beneficiary qualifies for an exemption.

In the estate planning process, it is important at the client intake and lawyer interview to identify if the willmaker owns a firearm and confirm the type.  

A beneficiary can inherit a firearm provided they have a valid Possession and Acquisition Licence (PAL) for the same level of firearm they would inherit (non-restricted, restricted or prohibited) or in the case of a handgun, if they have the exemption.

The intended beneficiary of the firearm needs to  have the proper class of PAL to inherit at the time of death.  It is a good practice to ask confirm with the beneficiary if they have the PAL license which corresponds to the firearm they may inherit.

A Personal Representative/Executor does not require a PAL in order to possess a firearm in the estate during the course of the estate administration, provided they are not prohibited from possessing firearms.  They are obligated to ensure the safe storage of firearms and ensure they are safely distributed.  

If the beneficiary cannot inherit the firearm because they do not possess the necessary PAL, there are options to sell or surrender/dispose the firearm through the police or RCMP.  

Due to the legal risks imposed upon a Personal Representative in the administration and distribution of firearms left by a testator in their estate, it is important to 1) identify the existance of firearms and 2) form the plan where the firearm forms part of the estate.

2 very helpful resources I recommend are the RMCP webpage on the Transfer of Firearms from estates https://rcmp.ca/en/firearms/transfer-firearms-estates and the Blog of Sandra Arsenault with Fasken, Firearms, Wills, Estates and the impact of Bill C-21 https://www.allaboutestates.ca/firearms-wills-estates-and-the-impact-of-bill-c-21/