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Firearms
Firearms

This document deals with the use of firearms in theatre, particularly as it affects stage management. The Canadian Firearms Centre, the national governmental agency set up for the purpose of administering the firearms regulations, has provided us with the information on which the following is based. This information is current as of July 21, 2004.

Definitions

Firearm: For the purposes of this discussion, the word "firearm" refers to rifles, shotguns, handguns and "military-style" guns. A firearm is a barrelled weapon that discharges a projectile, shot or bullets, and is capable of causing serious bodily injury or death to an individual.

Classifications:
Firearms may be non-restricted, restricted or prohibited.

  • non-restricted firearms includes most rifles and shotguns

  • restricted firearms are mainly hand guns

  • prohibited firearms are mainly automatic and paramilitary firearms, as well as short-barrelled handguns

  • additional prohibited devices include replica firearms and large capacity magazines

Replica firearm: A replica firearm looks exactly or almost exactly like a firearm, but is not a firearm. A prop gun that is modelled to look exactly like an actual firearm may be classified as a replica. Replicas, except those of antique firearms, are prohibited, but can be possessed by licensed businesses.

Licensing and Eligibility:
All kinds of firearms require licensing of various degrees, and possession of prohibited firearms is tightly regulated. In brief, to be eligible for licensing one must be 18 years of age, pass a public-safety background check, and not be subject to any court orders prohibiting the possession of firearms or other regulated devices. The Chief Firearms Officer in each jurisdiction is responsible for making a determination of eligibility, and the full criteria are set out in Section 5 of the Firearms Act.

Non-licensed items:
Licensing and registration requirements do not apply to low-velocity air guns, starter's pistols, antique firearms, or replicas of antiques. However, it is recommended that the replica guidelines be followed as concerns their storage and use. Please note that some airguns and starter's pistols designed to closely mimic a real firearm are classified as replicas, and regulated as such.

Antique firearm:
An antique firearm is;
(a) Any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or
(b) Any firearm that is prescribed to be an antique firearm.

Licensing Regulations for Ownership
Theatres are considered to be a business, and must meet all the requirements of a business user of firearms. If a theatre owns firearms or replicas, they need a Firearms Business License and their inventory of firearms must be registered as appropriate. As well, individual(s) on staff responsible for the handling, maintenance and storage of firearms must have a Possession and Acquisition License for restricted or non-restricted firearms, as appropriate. Typically this requirement would apply to one or more of the Technical Director, Production Manager, Props Supervisor or stage technician.

Where only replicas are owned, the responsible worker does not need to be licensed. However, they must be eligible for a license as noted above. These people must also be fully knowledgeable of the storage, transportation and other requirements pertaining to replicas.

Licensing Regulations for Loan or Rental
If the theatre does not own any firearms or replicas, and needs to borrow or rent them for a production, then staff licensing requirements still apply. As with ownership, the workers responsible for any loaned or rented firearm must be licensed to the level appropriate for the firearm. If the theatre borrows a firearm, then they must make certain to borrow the registration certificate, too. For the loan or rental of replicas only, the replicas may be transferred temporarily to the theatre and the responsible staff member does not have to be licensed. However, there is transfer paperwork to be completed and filed by the owner of the replica. As above, the responsible worker must be eligible to hold a license, and be knowledgeable of all the regulations pertaining to replicas. It is worth pointing out that the application for any license entails a minimum 28-day waiting period, so application must be made well beforehand. Furthermore, the individual licensing also has a training prerequisite, to be completed before an application may be submitted.

In Practice, This Means
Where licensing of the theatre or staff is not in place, use of a firearm may mean retaining someone from the firearm rental agency to be on site whenever the firearm is in use. It is not sufficient to have someone from the local gun club come in. If more than one firearm is in use at one time, additional licensed supervisors may be required. If the firearm is restricted and is to be stored at the theatre, permission must be sought from the Chief Firearms Officer to store it at an address other than the one to which it is registered.

A performer (who is not an employee) using a firearm only in performance does not require a license, as long as they are under the direct and immediate supervision of a licensed individual while using the firearm. This person must be in a position to give the preparation and use of the firearm undivided attention, and to take immediate action if it is used in an unsafe manner. A performer using a replica does not require a license.

Theatres may consider using a prop that resembles a generic firearm, but not so closely that it would qualify as a replica. If the prop does not meet the definition of a firearm or replica, then there are no restrictions under the Firearms Act for using it.

Stage Management Staff Responsibilities
If you are required by the theatre to take any responsibility for a firearm, you will require a Possession and Acquisition License appropriate to the firearm in question. If you are required to take any responsibility for a replica, you need to be eligible for a license and fully knowledgeable of all the regulations involved. You must also be listed on the transfer paperwork when the owner files it.

Whatever the licensing arrangements, you have some common-sense professional responsibilities when firearms or replicas are being used. You need to make certain that every firearm is being handled in a safe manner, loaded and unloaded as close to use as possible, cleaned as necessary and stored in accordance with legal requirements. The licensed gun handler is responsible for ensuring all of this. As Stage Manager, you also have a general responsibility for the health and safety of the company members.

We strongly suggest that you contact Equity staff, if it is not clear to you that appropriate licensing, supervision, or other requirements, are in place. The same thing goes if you feel that you are being asked to assume responsibility for a firearm or replica for which you are not licensed or trained. This is one of those matters where it is not possible to adequately cover all the possible situations in a short document.

Please be aware that the information presented here is necessarily general in nature and is not a substitute for reference to official documents, the actual Firearms Act and its Regulations.

You can get further assistance on all of this by visiting the Canadian Firearms Centre or calling them at 800-731-4000.

There are also, as of this writing, five Special Bulletins for the Entertainment Industry, which are available from either source.

As always any questions can also be directed to an Equity Business Rep. They can help answer any questions you may have (at no charge!).


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