r/canadaguns • u/chillyrabbit • May 05 '21
Canadian magazine laws explained.
I said I would eventually do another information post, so here it is Canadian magazine laws.
LEGAL DISCLAIMER First I am not a lawyer and this is my opinion and interpretation of the magazine laws. It is up to you to determine how you are complying with the law. I am not going to debate and offer advice on what to do, this is just me trying to simplify the regulations and make the information more accessible. You need to be conversant with the Regulations and Legislation as published by the Government of Canada as linking to this reddit post is not going to fly in the court of law.
There is a confusing byzantine mess of interpretations on magazines and their capacities, but I’ll try to simplify the wording in the regulations and list as best as I know the “loopholes”/grey areas of the law. I’ll also focus on the most modern part of the regulations as not many people have luger snail drum magazines.
Actual location of the laws and what you should read and know.
Firearms act (Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462)) That I’ll call the Regulations
Magazine capacity is legislated by the criminal code, a prescribed cartridge magazine is considered a prohibited device. CCC s.84 (1) Definitions; Prohibited device (d).
Possession of a prohibited device without a license/exemption is a criminal offense s.91 (2) Unauthorized possession of prohibited weapon or restricted weapon.
We need to determine what magazines are prescribed as prohibited, and the flipside of that is that if it isn’t prescribed, then isn’t prohibited. This means we are looking at the rules in the context of “what is illegal?” because then everything else is not illegal.
This is the Regulations prohibition, every section after this section details exceptions to the prohibition.
3 (1) Any cartridge magazine
• (a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in
o (i) a semi-automatic handgun that is not commonly available in Canada,
o (ii) a semi-automatic firearm other than a semi-automatic handgun,
o (iii) an automatic firearm whether or not it has been altered to discharge only one >projectile with one pressure of the trigger,
o (iv) the firearms of the designs commonly known as the Ingram M10 and M11 pistols, and >any variants or modified versions of them, including the Cobray M10 and M11 pistols, the RPB >M10, M11 and SM11 pistols and the SWD M10, M11, SM10 and SM11 pistols,
o (v) the firearm of the design commonly known as the Partisan Avenger Auto Pistol, and >any variant or modified version of it, or
o (vi) the firearm of the design commonly known as the UZI pistol, and any variant or >modified version of it, including the Micro-UZI pistol; or
• (b) that is capable of containing more than 10 cartridges of the type for which the >magazine was originally designed and that is designed or manufactured for use in a semi->automatic handgun that is commonly available in Canada.
I’ll break out the 2 sections of the regulations that set the limits that govern for most people, then go over the exceptions at the end.
- Semi-auto magazines are limited to 5 rounds per 3(1) (a)
Any cartridge magazine that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in ….
(ii) a semi-automatic firearm other than a semi-automatic handgun
- Semi-auto handgun magazines are limited to 10 rounds per 3(1)(b)
(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.
So now we can see this prohibition only applies to semi-automatic and automatic firearm magazines. Manual action magazines are not listed in the general prohibitions and thus are not regulated. Which is why manual action firearm magazines can have an unlimited capacity.
It also doesn’t matter what classification a firearm is, what really matters is the magazine itself and what it is designed to fit into. No where does the regulation or criminal code say you can’t stick a 10 round handgun magazine into a rifle or that you can only have 5 shots in a restricted firearm. The law only cares about the magazine itself and not what you stick it in.
Now we need to look at the exceptions, these are most common types that matter to you. 1st exception
(2) Paragraph (1)(a) does not include any cartridge magazine that
• (a) was originally designed or manufactured for use in a firearm that
(i) is chambered for, or designed to use, rimfire cartridges,
This exempts semi-automatic rimfire magazines from the 5 round limit and thus rimfire magazines can have as many cartridges as they want as they are not included as a prescribed magazine under 3(1)(a).
Note this only exempts semi-auto rimfire magazines under 3(1)(a) which is the semi-automatic firearm magazines (that are not handguns). But rimfire handgun magazines are still regulated by 3(1)(b) which restricts rimfire handgun magazines to 10 shots.
2nd exception
(ii) is a rifle of the type commonly known as the “Lee Enfield” rifle, where the magazine is capable of containing not more than 10 cartridges of the type for which the magazine was originally designed, or
This is a bit of an oddball regulation because it exempts a manual action rifle but there exists prototype semi-automatic rifles that used Lee-Enfield magazines and this exemption was to ensure that Lee-Enfield rifle magazines maintain their original 10 round capacity.
3rd exception
(iii) is commonly known as the U.S. Rifle M1 (Garand) including the Beretta M1 Garand rifle, the Breda M1 Garand rifle and the Springfield Armoury M1 Garand rifle;
The M1 garand uses an enbloc clip/magazine system which is extremely difficult to pin to only have 5 rounds, so this exception was presumably made to let it have its original 8 round capacity.
4th exception
(f) is of the “belt” type consisting of a fabric or metal belt, is not a reproduction and was originally designed or manufactured for the purpose of feeding cartridges into a automatic firearm of a type that was in existence before 1945.
This exempts original belts for automatic firearms that were in existence before 1945. So you can have an original 50 round belt for your semi-automatic MG-34 or your browning 1919 but you can’t have a 50 round belt for your M60.
This covers all the relevant exemptions which would affect 95% of gun owners there are more but most people don’t have Bren drum magazines, or luger snail drums and if you do you presumably know how to deal with them.
Grey areas/loopholes.
There are many facets of this which are the opinions/interpretations of the RCMP so don’t complain about it to me. I’m just laying out the opinions/interpretations so people can be aware of what the official opinion is on these magazines.
Rimfire handgun magazines limited to 10.
10/22 magazines, S&W M&P 15-22 magazines, H&K 416-22, Browning Buckmark magazines. The RCMP interpret if a semi-auto rimfire magazine can fit into a handgun it isn’t simply a rimfire rifle magazine under 3(1)(a) but a handgun magazine under 3(1)(b) which is always limited to 10 shots and does not have the rimfire exemption of 3(2)(a)(i).
FRT example legal notes: Ruger 10/22
Ruger BX-25 is a twenty-five shot magazine available for this Model firearm. Ruger BX-25 magazine is interchangeable between the Ruger model 10/22 and SR22 rifles and Ruger 22 Charger handgun configurations and is considered a "handgun" magazine. Because handguns are limited to a ten shot magazine capacity in accordance with the CC PART III, S. 84, Regulations PART 4 Para 3. (1) (b) "The Former Cartridge Magazine Control Regulations", this limits the magazine capacity for the rifle configuration to ten (10) shots, despite the firearm being designed to use rim-fire ammunition.
S&W MP15-22
There is a 25 shot magazine available for this Model of firearm. This firearm Model is manufactured in both rifle and handgun configurations. The magazine is interchangeable between the two configurations and is considered a "handgun" magazine. Because handguns are limited to a ten shot magazine capacity in accordance with the CC PART III, S. 84, Regulations PART 4 Para 3. (1) (b) "The Former Cartridge Magazine Control Regulations",** this limits the magazine capacity for the rifle configuration to ten (10) shots**, despite the firearm being designed to use rim-fire ammunition.
The LAR-15 handgun magazine 10 shots.
This is a complicated story, but someone imported a LAR-15 pistol into Canada which had it’s magazine be considered a handgun magazine and thus limited to 10 shots under 3(1)(b) you can see the criteria by looking at the Armalytics FRT entry for the Rock river Arms LAR-15.
The ten round limit specified in the cartridge magazine control regulations applies to magazines for this firearm (LAR-15) provided: a) the magazine is originally designed or manufactured for use in a semi-automatic handgun, and b) the handgun is commonly available in Canada.
This also means the magazine has to be a designed handgun magazine and why you can’t call any AR-15 magazine a handgun magazine as they were not “originally designed or manufactured for use in a semi-automatic handgun” but the AR-15 semi-auto rifle like Magpul PMAGS.
M14/AIA rifle magazine 10 shots.
Australian International Arms (AIA) made a modern Lee-Enfield reproduction rifle chambered in 7.62x51 they also made a magazine to hold the different sized 7.62x51 rounds which just so happened to fit into M14 type rifles. They clearly made their own magazine and it was not just an adaptation of a semi-automatic M14 firearm magazine as there are different design cues and differences in the AIA magazine from a M14 magazine but nevertheless the dimensions were similar enough that an AIA Lee-Enfield magazine fits in M14 type rifles.
Their magazines are limited to 10 rounds as even though the AIA rifle is a manual action rifle it is considered a semi-automatic rifle magazine (like those built for the prototype semi-auto lee-enfield rifles) but exempted because it is a magazine for a Lee-enfield type rifle.
(i) is a rifle of the type commonly known as the “Lee Enfield” rifle, where the magazine is capable of containing not more than 10 cartridges of the type for which the magazine was originally designed, or
Thus the RCMP position is that the AIA Lee-Enfield manual action magazines are limited to 10 shots.
Hi-point carbine 5 shots, CX4 5 shots/10 shots, Ruger PC Carbine 10 shots.
The Hi-point 9mm carbine while it shoots handgun ammunition (9mm) the magazine is designed for the Hi-point carbine meaning it is a semi-automatic rifle magazine and thus limited to 5 shots as per 3(1)(a).
Originally when the Beretta CX4 first came to Canada they were shipped with CX4 rifle magazines which meant they were limited to 5 shots as it was a semi-auto rifle magazine per 3(1)(a). The importers then wised up and only ordered CX4’s to come with Beretta 92 handgun magazines which let them have 10 shots being a semi-auto handgun magazine 3(1)(b) and not a semi-auto rifle magazine. The difference between the CX4 and the hi-point carbine is that the CX4 can take handgun magazines but the hi-point carbine can’t.
Finally the Ruger PC Carbine is a rifle but the fact is that it was designed to use a handgun magazine (Glock G17/G19/G26) or (SR9) means those magazines can contain 10 cartridges.
VZ 58 5 shots (failed pistol magazine).
The RCMP decided that even though the VZ 58 TVpresspass had was a handgun it was a handgun adaptation of a rifle therefore the magazine was still a semi-automatic firearm magazine limited to 5 shots per 3 (1)(a) and not a semi-automatic handgun magazine limited to 10. This seems to run counter to the LAR-15 interpretation and the 10/22 rimfire handgun interpretation but that’s their reasoning.
Shotgun tube magazines
Hunting gear guy did a very good article on Shotgun capacities so I am going to just summarize the main points.
When hunting, federal/provincial hunting rules prevail thus why many shotguns may only contain 2 shells only while hunting. If you are target shooting or plinking you are not bound by the hunting rules but by the Regulations.
Manual action shotgun magazines are not regulated under the Regulations thus they can contain an unlimited number of cartridges.
Semi-automatic shotgun magazines though are regulated under the Regulations 3(1)(a) and may only contain 5 cartridges.
Read Adriel the Hunting gear guys article for more information on shotgun tube capacities, as he explains how you can legally have 7 shots in some semi-automatic shotguns.
9mm in a .40 S&W magazine
Everyone knows that you can stick more 9mm in a .40S&W magazine (up to 13 rounds) sometimes but here is the legal basis for that.
(b) that is capable of containing more than 10 cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in a semi-automatic handgun that is commonly available in Canada.
That line is important because if that wasn't there you could jam 11+ rounds of .22lr into any magazine which would make it prohibited. The .40 S&W magazine is designed for .40 S&W so long as it can only contain no more than 10 .40S&W it is not a prescribed cartridge magazine. The flipside is that you can't modify the magazine feed lips to feed 9mm better. Because now you're modifying the magazine to not hold no more than 10 cartridges of the type it was originally designed for (.40S&W) but now 9mm creating a prohibited device.
.50 beowulf/.458 Socom Magazines
This is a very touchy and controversial topic; I can only present the information as I know it.
RCMP ATIP Internal memos on dual use magazines
Internally the RCMP is of the opinion that the .50 Beowulf and .458 Socom Magazines are “dual use” magazines as they are modified .223/5.56x45 AR-15 magazines and not specifically .50 Beowulf/.458 Socom magazines. That is why they believe semiautomatic .50 Beowulf magazine that can contain more than 5 rounds of 5.56x45 is a prohibited device.
This requires a lot of legal wrangling based on the wording of the regulations
(a) that is capable of containing more than five cartridges of the type for which the magazine was originally designed and that is designed or manufactured for use in
Their belief/opinion is that .50 beowulf magazines are just modified 5.56 magazines and thus should be limited to 5 rounds of 5.56 and not 5 rounds of .50 beowulf.
In the case of AR platform rifles chambered for 50 Beowulf calibre, the magazine is adapted from the original 5.56x45 NATO version of the magazine, generally by one or more of the following: widening the space between the magazine lips, changing the angle of the magazine lips and changing the feed angle of the magazine follower. The adaptations more efficiently feed the much larger diameter 50 Beowulf calibre cartridge. However, the original ability to contain and feed 5.56x45 mm NATO cartridges has not been deleted and the magazines remain serviceable for that purpose.
The opposing opinion is that if you read the sum of the Regulations and the design history .50 Beowulf magazine are originally designed and designed or manufactured for a .50 Beowulf semi-automatic firearm, so they can’t contain more than 5 rounds of .50 Beowulf cartridges. .50 Beowulf magazines are not originally designed as a 5.56x45 NATO magazine so they shouldn’t be subjected to a 5 round cartridge limit for a different type of ammo.
There really isn’t a satisfying conclusion or opinion on the .50 Beowulf/.458 Socom AR magazines, but this is the information as best I know it. The RCMP consider them “dual use” magazines and thus must not contain more than 5 rounds of 5.56x45 NATO per 3(1)(a). But others consider them 5 round .50 Beowulf/.458 Socom magazines that just happen to fit 5.56x45 NATO cartridges.
Now that we know what magazine capacities are prescribed/regulated, most magazines aren’t made to hold only 5 cartridges or 10 cartridges. The next section of the Regulations detail some of the acceptable ways to restrict the magazine capacity.
(4) A cartridge magazine described in subsection (1) that has been altered or re-manufactured so that it is not capable of containing more than five or ten cartridges, as the case may be, of the type for which it was originally designed is not a prohibited device as prescribed by that subsection if the modification to the magazine cannot be easily removed and the magazine cannot be easily further altered so that it is so capable of containing more than five or ten cartridges, as the case may be.
(5) For the purposes of subsection (4), altering or re-manufacturing a cartridge magazine >includes
(a) the indentation of its casing by forging, casting, swaging or impressing;
(b) in the case of a cartridge magazine with a steel or aluminum casing, the insertion and >attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel or aluminum, as >the case may be, or of a similar material, to the inner surface of its casing by welding, >brazing or any other similar method; or
(c) in the case of a cartridge magazine with a casing made of a material other than steel or >aluminum, the attachment of a plug, sleeve, rod, pin, flange or similar device, made of steel >or of a material similar to that of the magazine casing, to the inner surface of its casing by >welding, brazing or any other similar method or by applying a permanent adhesive substance, >such as a cement or an epoxy or other glue.
What should stick out the most is the wording “altering or re-manufacturing a cartridge magazine includes” which indicates that this is not an exhaustive list of ways to restrict a magazine capacity, if you can restrict a magazine capacity another way while also meeting the criteria of 3 (4) it would be acceptable.
I hope this was a good introduction to the cartridge magazine laws and I cleared up some misconceptions.
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u/Q363Q May 05 '21
Great write-up, but the big issue is that in Canada the law makers, enforcement agencies and courts are all interpreting and changing the laws as they see fit.
The system needs to be looked at from ground up and laws need to be written in a way that are easy to understand for all parties. Biggest shocker about the gun laws in Canada is that people can be criminally convicted of a crime for something that even a judge can't understand.