Bringing guns into Canada is generally not difficult if they are unrestricted. You fill out a declaration and present it at the border along with a $25 application fee. (Don’t sign it until you arrive at the border.) However, this declaration is subject to background checks. If your record doesn’t come up clean, you could be prohibited from entering or your gun can be seized.
Getting into Canada with a criminal record
Before you can consider entering Canada with a firearm, you need to resolve any potential inadmissibility.
In general Americans with criminal records will be inadmissible to Canada for at least 10 years. The exceptions are some very minor convictions that are only prosecuted as summary (similar to misdemeanor) in Canada, such as:
- Possession of less than 30 grams of marijuana
- Causing a disturbance
- Vagrancy
Most offences (including most misdemeanors) will require a Canadian Waiver if it has been less than 10 years since the completion of the sentence. The applications available are:
Urgent Temporary Resident Permit (TRP): This is an application that is compiled beforehand and submitted at the border at the time of travel. If your purpose for entering Canada is a hunting trip, this is not recommended, because it has a high refusal rate. This application usually requires a compelling reason for entry such as work or family emergency.
Temporary Resident Permit: Filing an application at the Canadian Consulate and waiting for pre-approval to enter Canada has a higher success rate. You can apply if the purpose of your trip is to go hunting. However, it could take six to 12 months to receive an answer.
Criminal Rehabilitation: If you have completed your sentence more than five years ago, you may be able to apply for a permanent waiver. If you are successful you can enter Canada under the same rules as any other American. However, this doesn’t necessarily mean that you would be able to bring your firearm with you. Your record will still come up at the border.
Deemed Rehabilitation: If it has been more than 10 years since the completion of your sentence, you may be deemed rehabilitated. This means that you can enter without an application, but you may need proof. As well, you can be subject to a background check and possibly not allowed to bring your firearm into the country.
What kind of guns are allowed?
Generally, you can bring a hunting rifle into Canada. Handguns are not permitted to be used for hunting and you can’t carry them around whether concealed or unconcealed. There are very limited allowable reasons for having a handgun in Canada and pre-approval is required.
See the Canadian Border Security Agency website for rules about bringing guns into Canada and transporting them.
Will you be able to bring a gun into Canada?
It’s up to the border official to determine whether you are allowed to bring a gun into Canada. In general, foreigners are subject to the same rules as Canadians. Canadians must go through a background check in order to own a gun. Any violent offence, criminal harassment, firearms offence and some drug charges could be cause for concern. Any history of violent incidents or threats related to mental illness could also prevent a person from bringing a gun into the country. Domestic incidents are also a concern. You do not necessarily need a criminal record to be denied.
Even non-violent offences can prevent you from bringing guns into Canada at the discretion of the officer.
Getting a licence
If you plan to make multiple trips to Canada, it may be easier to get a five-year licence, which is called Possession and Acquisition License (PAL). This requires you to pass the Canadian Firearms Safety Course written and practical tests. You may need to take a course. If you have ever taken a safety course in the United States it may be comparable to the Canadian course. This will allow you to borrow guns of the same class of yours. This licence will also require a background check.
Borrow a firearm
You can get a licence to borrow a firearm in Canada if you have a sponsor, such as a guide outfitter or a licenced hunter. This is called a Non-Resident Temporary Borrowing Licence for Non-Restricted Firearms.
Importance of declaring a weapon
Entering Canada without declaring a firearm can result in criminal charges. Don’t take chances. Familiarize yourself with the rules and getting the proper documents before bringing guns into the country.
- Make sure you are admissible to Canada or apply for a TRP or Criminal Rehabilitation
- Make sure your firearm is allowed in Canada (many firearms that are legal in the United States are restricted or banned completely in Canada)
- Make sure you know the rules about storing and transporting a weapon in Canada
- Get the right licence, permit or declaration for your situation
- In addition to gun restrictions, there are also hunting restrictions that you will need to know about, including restrictions that apply specifically to non-residents
If you would like to enter Canada with a criminal record, schedule a free consultation with an AllCleared rep to find the best application for your situation at 1-866-972-7366.