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Trudeau’s Gun Laws: A Work in Progress

As published in the Victoria Standard: April 11, 2018

Trudeau’s proposed firearms legislation may actually reduce gun violence, especially in large cities like Toronto and Ottawa where violence committed with smuggled and stolen guns is increasing. While Canada’s problem is tiny compared to the U.S., similar nations like Australia and the U.K. suffer far less gun crime.

While clearly addressing gun crime, the proposed legislation also applies to legal shooters and some of the “new” content was already required. Canadians must still obtain an Authorization to Transport “permit for moving restricted and prohibited firearms like handguns and assault weapons” from home to range or out of province. As well, owners of such arms are already required to participate in extra safety training before being licensed to possess and use these guns under strict conditions at supervised firing ranges.

While strict rules for separate storage of firearms and ammunition previously existed, the current storage requirements could be improved. Since criminal use of stolen guns is a major issue, future legislation might require legal gun owners to enhance their home security and store firearms and ammunition in a sturdy safe or locked room. Current rules allow any gun to be stored unloaded in a locked plastic case with a trigger lock in place.

New measures include requiring firearms dealers to keep better records and also verify the validity of customer licenses. Canadian hunters and target shooters are concerned that the proposed measures will further restrict their lawful activities since the RCMP has been granted full authority over controversial gun classifications like unrestricted, restricted and prohibited. For example, the Mounties recently banned all high-capacity .22 calibre rifle magazines even though only one brand actually fits a controversial pistol.

The most positive news is the introduction of enhanced background checks to detect violent criminal history and mental illness linked to violence. A more comprehensive screening might have prevented the 2005 killing of RCMP officers at Mayerthorpe, Alberta and also Moncton, New Brunswick in 2014. Hopefully, individuals with minor criminal convictions and those struggling peacefully with mental illness, will be treated fairly and not excluded from legally possessing and using firearms, especially those who work as farmers, trappers and guides.

The rest of the new legislation is aimed at the major problem: violent criminals who use guns. While costly for the legal buyer, implementing Harper’s imported gun marking system will help track the history of stolen firearms linked to crime. Stronger measures to prevent smuggling and the illegal gun trade ought to reduce the availability of handguns and high-capacity assault weapons like the AR-15 rifle. For example, public investment in security technology will help the Canada Border Service Agency cooperate with U.S. law enforcement to better detect contraband weapons. The CBSA currently seizes hundreds of illegal guns every year, so these measures will undoubtedly save more Canadian lives.

Since gun violence is linked to the drug trade and other organized crime activities like human trafficking and money-laundering, a broad approach to crime reduction is also necessary. Of prime importance is identifying those factors attracting young people to criminal gangs and creating practical alternatives for marginalized youth before they succumb to negative influences. Unfortunately, the new legislation ignores these issues, although they may later be addressed by the re-established Canadian Firearms Advisory Committee (CFAC), inactive since 2015. Thus far, First Nations representatives are not among the police officers, public health advisors, women’s rights advocates and legal consultants forming the committee.

Concerning assault weapons, only police SWAT teams and the military actually need firearms whose full auto versions were designed for combat use. Most Canadians can remember the 1989 Montreal Massacre, where 14 women were murdered by a man armed with a 20 round Mini-14 rifle, perfectly legal in the current 5 round version but easily modified, just like the AR15. Therefore, an outright ban on such weapons is reasonable, considering the modification factor and their long-range power.

Fortunately, violent crime is infrequent on Cape Breton although gun ownership is common. A Google search revealed six firearm fatalities between 2002 and 2018. While it is unlikely that Cape Breton’s rate of gun crime will ever rise to urban levels, even these few instances are disturbing in a place renowned for its gracious hospitality and peaceful people.