Bill C-21 and estate planning for gun owners

The federal government’s gun-control legislation, Bill C-21, received royal assent on December 15, 2023. Bill C-21 includes amendments to the Firearms Act and amendments to the Criminal Code, most notably:

• a national freeze on handgun sales, licenses, and transfers. (With exceptions for anyone who holds an authorization to carry handguns and individuals who compete in shooting competitions at the Olympic or Paralympic level);
• an inclusion in the Criminal Code of a definition of “assault-style weapons” and a ban on such weapons; and
• an increase in the maximum Criminal Code penalty for gun smuggling from 10 years to 14 years in prison.

While some say C-21 goes too far, others are disappointed that these gun-control measures do not go far enough. Regardless of where you stand on the issue of gun control, I think we can all agree that firearms have no place in the hands of deceased persons. So, in the wake of Bill C-21, it is important to consider how to structure your estate planning if you own firearms, and how to legally deal with firearms if you’re an estate trustee.

Planning for an ‘armed’ estate

Firearms are unique assets to bequeath to a beneficiary because, unlike other gifts, testators do not have the testamentary freedom to leave their firearms to just any individual they choose. Because the law restricts who can receive firearms, it is important to ensure that the specific gift of a firearm is made to an eligible/authorized beneficiary so as not to defeat your testamentary intention.

Retaining an estate solicitor and including specific provisions in your Will that address your firearms is the surest way to facilitate the handing of your firearms upon your death. Providing your estate planning lawyer with a detailed list of your firearms is an essential component of planning for an “armed” estate.

Administering firearms as trustee

Most estate trustees are not licensed to possess firearms, but a firearm can be left in the care of an estate trustee for a reasonable amount of time while the estate is being administered. However, estate trustees administering an “armed” estate must provide the following to the Canadian Firearms Program:

• a completed form RCMP 6016 “Declaration of Authority to Act on Behalf of an Estate”; and
• documentary confirmation that the registered owner of the firearms is deceased, which can be a death certificate, Certificate of Appointment (formerly “letters probate”), or a letter from a coroner or police department.

Once these documents are processed by the Canadian Firearms Program, estate trustees have a reasonable time to have the firearms transferred to and registered in the name of a properly licensed individual or business, or to dispose of the firearm in a safe and legal manner. This is no simple task. There are high costs for the safe storage of firearms and for the deactivation of firearms by an authorized gunsmith. And for all that expense there is no financial benefit to the estate as there is currently no buy-back program in place, and there are many estates holding firearms with next to no authorized or interested buyers.

As a result, estate trustees may be required to turn the estate’s firearms into a police department for disposal. There are processes in place for police departments to receive firearms and estate trustees are encouraged to call in advance and follow the prescribed procedures when turning over a firearm, for obvious reasons.

In light of this federal legislation, if you own firearms, now is a prudent time to review your Will and ensure your estate plan aligns with the changes to the law brought about by Bill C-21.

Do you have questions about your estate planning? Contact us.

Image credit: ©Daniel Jędzura – stock.adobe.com