PAL Risk Management and Liability 3 — Questions and Answers
Question 1: Under the Criminal Code of Canada, which offense specifically addresses unsafe storage of a firearm in a way that poses a risk to others?
- Section 86 — careless use or storage of a firearm (Correct answer)
- Section 91 — unauthorized possession
- Section 93 — possession at an unauthorized place
- Section 95 — possession of prohibited firearm
Correct answer: Section 86 — careless use or storage of a firearm
Section 86 of the Criminal Code prohibits careless use, handling, or storage of a firearm in a manner that risks safety.
Question 2: A PAL holder transports a non-restricted rifle in an unlocked soft case in their vehicle. What legal risk does this create?
- None, as non-restricted firearms have no transport requirements
- Potential charges under careless storage and transport regulations (Correct answer)
- A fine only, with no risk of licence revocation
- Risk only if the vehicle is involved in an accident
Correct answer: Potential charges under careless storage and transport regulations
Non-restricted firearms must be unloaded during transport, and while a hard case is not mandatory, unsafe transport can still attract careless storage charges.
Question 3: Which factor most significantly increases a PAL holder's civil liability exposure following a firearm incident on their property?
- Owning more than two firearms
- Failure to post visible warning signs about firearm storage
- Having guests present who are aware firearms are stored on the premises
- Allowing unsupervised access to areas where firearms are stored (Correct answer)
Correct answer: Allowing unsupervised access to areas where firearms are stored
Allowing unsupervised access to storage areas creates a foreseeable risk of harm, substantially increasing civil liability.
Question 4: A PAL holder sells a firearm privately and the buyer later misuses it. Under what condition could the seller retain liability?
- Never — liability transfers completely upon sale
- If the seller knew or should have known the buyer was not licensed or was at risk (Correct answer)
- Only if the sale was not registered with the RCMP
- If the firearm was non-restricted at the time of sale
Correct answer: If the seller knew or should have known the buyer was not licensed or was at risk
A seller who transfers a firearm knowing (or having reasonable grounds to believe) the buyer poses a risk may face criminal and civil liability.
Question 5: What is the primary purpose of the Chief Firearms Officer's (CFO) authority to revoke a PAL?
- To enforce tax collection on firearm purchases
- To remove firearm access from individuals who become a safety risk (Correct answer)
- To regulate commercial firearm dealers exclusively
- To approve restricted firearm registrations
Correct answer: To remove firearm access from individuals who become a safety risk
The CFO can revoke a PAL when new information indicates a licensee poses a risk to public safety or themselves.
Question 6: When a court issues a prohibition order against an individual, what must happen to any firearms they possess?
- They may retain them if stored at a licensed firearms business
- They must be surrendered to police or transferred to a licensed individual (Correct answer)
- They are automatically registered to a family member
- They may be stored offsite with a friend until the order expires
Correct answer: They must be surrendered to police or transferred to a licensed individual
A prohibition order requires that all firearms be surrendered to police or lawfully transferred — continued possession is a criminal offense.
Question 7: How does the concept of 'reasonable foreseeability' apply to a PAL holder's liability?
- It only applies in criminal proceedings, not civil claims
- A holder is liable if a reasonable person could have anticipated the harm that occurred (Correct answer)
- It shifts liability entirely to the manufacturer of the firearm
- It applies only when the PAL holder was physically present during the incident
Correct answer: A holder is liable if a reasonable person could have anticipated the harm that occurred
In negligence law, liability is established if the harm was reasonably foreseeable given the PAL holder's actions or omissions.
PAL Risk Management and Liability 3
Under the Criminal Code of Canada, which offense specifically addresses unsafe storage of a firearm in a way that poses a risk to others?