New firearms legislation is now in effect across British Columbia, bringing new restrictions around where firearms can be possessed and how some guns and imitation firearms are transported.
The province’s Firearm Violence Prevention Act (FVPA) came into effect on Oct. 1, more than five years after it received royal assent in March 2021. The province says the legislation is intended to address gang and gun violence while filling gaps in federal firearms laws.
The law regulates low-velocity firearms capable of causing serious bodily injury, such as some airguns, as well as imitation firearms that could reasonably be mistaken for real guns.
It also creates offences related to the unsafe use of firearms and prohibits firearms, low-velocity firearms and imitation firearms at designated properties, including schools, post-secondary institutions, courts, places of worship, hospitals and licensed child-care properties.
Regulations accompanying the legislation include exemptions for a range of circumstances and activities.
The legislation also allows vehicles to be impounded when they are used to illegally transport firearms or flee from police, and provides liability protection for certain professionals who report concerns about the potential for firearm violence to police.
The province says firearms regulation is shared between the federal and provincial governments, with the new B.C. legislation intended to address areas not covered by federal law.
What hunters need to know
With hunting season underway, the B.C. Conservation Officer Service is reminding hunters that the new legislation also affects some rules around transporting firearms.
The FVPA carries forward existing provincial restrictions prohibiting loaded firearms in vehicles and discharging firearms from vehicles, while expanding the rules to include low-velocity firearms and clarifying their application to boats.
The province says the legislation is not intended to limit lawful hunting and includes exemptions under the Wildlife Act, including provisions allowing some hunting from non-motorized boats and existing exemptions for people with disabled hunting permits.
Regulations also set requirements for transporting low-velocity and imitation firearms in vehicles and boats. Generally, they must be kept in a locked trunk or compartment. If one is not available or the firearm will not fit, it must be kept in a locked, opaque container.
The Conservation Officer Service said this week that officers in the Central Okanagan had already issued 10 violation tickets since the beginning of hunting season to people found with loaded firearms in vehicles.
“With hunting season underway in BC, safe use of firearms is paramount to public safety. Hunters should be aware of what they are required to do to safely transport firearms and live ammunition,” the organization said, adding that accidental firearm discharges around vehicles and roads are preventable when firearms are handled responsibly.
Conservation officers are among the officials authorized to enforce the new legislation. Provincial regulations were amended alongside the FVPA to add the act to legislation enforceable by the Conservation Officer Service.
The province says the FVPA modernizes several provisions previously contained in B.C.’s Firearm Act, including the requirement to handle firearms with regard for the safety of people and property and restrictions on carrying or possessing loaded firearms in vehicles. The previous Firearm Act was repealed when the new legislation came into force.
Police and other authorized officers also have powers under the legislation to inspect, search for and seize firearms in certain circumstances.
The FVPA stems in part from recommendations contained in B.C.’s 2017 Illegal Firearms Task Force report, which examined measures to address illegal firearms, gang activity and gun violence.