A firearms prohibition order is an order made by a provincial court judge which prohibits a person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for up to five years. 

Are there situations in which a firearms prohibition order is mandatory? 

Yes, a firearms prohibition order is mandatory when a person is convicted or discharged for a variety of offences involving violence or firearms.  

Can the court impose a firearms prohibition order when not mandated to do so? 

Yes, the court can choose to impose a firearms prohibition order if a person is convicted or discharged for an offence not included among the specified offences. This is applicable if the offence involved violence or a firearm and the court deems it desirable to do so. 

Who can apply for a firearms prohibition order? 

An application for a firearms prohibition order can be made by a peace officer, firearms officer or chief firearms officer. 

If a firearms prohibition order is made against me, will I be required to surrender my firearms? Will I be able to get them back at a later date?

Yes, if a firearms prohibition order is made against you, you will be required to surrender anything you are prohibited from possessing under that order. Once you have surrendered your prohibited items, they will become the property of the government, who will dispose of them. You will not be able to get them back at a later date as a result. However, if you surrender something that is the property of another person, they will be able to apply to have it returned to them. 

What is a firearms prohibition hearing? 

At a firearms prohibition hearing, the applicant and the offender are given a chance to present all relevant evidence they may have in favour or against the imposition of a firearms prohibition order to a provincial judge. The judge will consider all the relevant evidence, hear from both sides, and determine whether or not to make a firearms prohibition order. The offender will receive the prohibition order if they are considered a risk to public safety. Some factors taken into account include whether you are convicted of certain offences, if you have mental health issues associated with violence, or even a history of violent behaviour. A prohibition order can also be justified on the basis that a person lacks the responsibility and discipline the law requires of gun owners. 

Should I hire a lawyer for my firearms prohibition hearing? 

You should always hire a lawyer to represent you during your firearms prohibition hearing. If you are a person who requires or uses a firearm, the results of the hearing can have a significant impact on your life. If you retain our lawyers at Collett Read LLP for your firearms prohibition hearing, you will have the representation, advice and guidance of experts to increase your chances of success. 

Is it required for the person against whom the order is sought to be present at the hearing? 

No, a firearms prohibition hearing may be conducted in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may do the same. 

Can the result of my firearms prohibition hearing be appealed? 

Yes, both the person against whom the firearms prohibition order is made and the Attorney General can appeal the imposition of a firearms prohibition order. However, the Attorney General can also appeal a judge’s decision not to impose a firearms prohibition order. If you wish to appeal the results of your firearms prohibition hearing, you should contact Collett Read LLP and retain our lawyers to aid you in that process. 

Can I apply to have my firearms prohibition order revoked? 

Yes, you can apply to have a firearms prohibition order made against you revoked by a provincial court judge. The provincial court judge may revoke the order if they are satisfied that the circumstances for which it was made no longer exist. If you wish to have your firearms prohibition order revoked, you should contact Collett Read LLP and retain our lawyers to aid you in that process. 

I need a firearm for sustenance or employment. Can I get the prohibition order lifted? 

Yes, your firearms prohibition order may be lifted if you can satisfy the competent authority that you require a firearm or restricted weapon so that you can hunt or trap for the purpose of sustaining yourself or your family, or that it would impose your employment. In determining whether or not to lift your prohibition order, your criminal record, the specific circumstances of the offence that gave rise to the prohibition order, and the interests of public safety will be considered. 

What happens if I am caught possessing a firearm after a firearms prohibition order is made against me?

If you are caught possessing a firearm after a firearms prohibition order is made against you, you may be charged with possession contrary to order. This is a hybrid offence. If the Crown elects to proceed summarily, you will face a maximum punishment of a fine of $5,000 and a term of imprisonment of two years. However, if the Crown elects to proceed by way of indictment, the offender may receive a term of up to ten years imprisonment.