Unexpected gun confiscation by law authorities can be a confusing and upsetting event. Knowing what needs to be done next in these circumstances is crucial. In Canada, owning a firearm is strictly regulated. Owners must possess a current license, and some types of firearms need to be registered. If there is proof that a person is not authorized to possess a firearm, police are clearly authorized to take it from them. But under some circumstances and when certain legal requirements are satisfied, even licensed firearms may be taken into custody.
Overview of the Confiscation Process
You may be wondering what to do if your gun is taken by the police. For how long will they
keep it? Is it possible for you to get it back? What are your obligations and rights? When faced with a situation involving confiscation, many gun owners have questions like these.
Depending on the jurisdiction, the type of firearm, and the specific facts of the case, the
confiscation procedure may differ. Still, a few standard procedures typically remain true.
First, you will get a receipt and the firearm will be seized by the police. They will also tell you of the legal grounds for the seizure as well as the jurisdiction they are operating under.
Second, the police will look into whether your gun has been used in any illegal activity, if it is legally registered and licensed, and whether you are allowed to own it.
Third, the police will determine if your gun will be destroyed, given back to you, or forfeited to the Crown.
Gun Laws Under the Canadian Criminal Code
Under Section 117.04 (1) when there are good reasons to believe that a firearm is “not
desirable in the interest of safety,” the Criminal Code allows the police to get a warrant in
order to take the weapon.
Under Section 117.04 (2) when there are good reasons to believe that “it is not desirable in
the interest of the safety” and obtaining a warrant would be impractical, a police oJicer may also take a handgun without a warrant.
Most importantly, every authorization, license, and registration certificate that the person
from whom the handgun was taken is automatically canceled if a firearm is confiscated
under this section: s.117.04(4). The licensee is no longer permitted to acquire or possess a
firearm as a result of the revocation.
Steps to Reclaiming Your Firearm
According to s.117.05(4)(a), police have thirty days from the date of the seizure to file an
application for an order declaring the firearm or firearms forfeited to the Crown.
The court can also order you to lose your firearms and ban you from owning them for a
maximum of five years under Section 117.05(4)(b).
According to section 117.05(3), the court will hear all pertinent evidence at the hearing.
Hearsay testimony can be relied upon by the Crown, but the justice must carefully examine the evidence to make sure it is reliable and credible before granting it any weight.
To get back possession of your firearm, you might need to take the following steps:
- Request the return of your firearm: You can accomplish this by completing an
application and sending it to the court or the police. Information about you, your
firearm, and the events leading up to the seizure will be required. - Along with providing proof of a legal license and registration, you will also need to
show that you are the firearm’s legitimate owner. - Dispute the confiscation of your firearm: You have the right to challenge a police or
court judgment if it prohibits you from getting your gun back. This can be
accomplished by submitting a notice of appeal and appearing in person at a hearing
to make your case. - Request a court review of the ruling: You still have the option to ask a higher court
to judicially examine the ruling if your appeal is denied. To accomplish this, submit a
judicial review application and request that the court reverse the ruling. You have to
prove that the choice was illegal, illogical, or unfair.
Do You Have Seized Firearms
If you’d like to talk about the specifics of your guns being seized, a forfeiture or prohibition
hearing, contact Collett Read LLP today for a free consultation. If your matter is immediate
please contact us at (905) 541-2228.
