Who is Prohibited from Owning a Gun in Canada?

Canada has strict laws governing the ownership and possession of firearms. These laws require most individuals to obtain licences to lawfully possess firearms, including restricted or prohibited firearms. However, the law also disqualifies some categories of persons from obtaining the required gun licences.

Who is Ineligible for a Firearms Licence (PAL)?

In Canada, people who wish to own or possess a firearm lawfully must have a Possession and Acquisition Licence (PAL). However, the law bars specific individuals from obtaining a firearm licence. People subject to restraining orders or peace bonds may not own firearms or apply for PALs. Involuntary commitment to a psychiatric facility or a not guilty because of mental disorder verdict in a criminal case will also disqualify an individual from possessing or owning firearms. Furthermore, a person serving probation or a conditional sentence order, including orders issued by the courts or the Canadian Firearms Program, may not own firearms under the conditions of their probation or conditional sentence order.

Individuals convicted of specific offences cannot obtain a PAL or own or possess a firearm. These offences include:

• Offences involving violence or threats of violence, such as assault, robbery, kidnapping, or extortion
• Offences involving intimate partner violence, including assault, sexual assault, harassment, or stalking
• Weapons and firearm offences, including possession of a prohibited firearm, carrying a concealed weapon, or using a weapon during the commission of a crime
• Serious drug offences, including drug trafficking, possession with intent to distribute, or manufacturing of drugs
• Offences involving organized crime
• Terrorism

The Law and Regulations

Various federal laws regulate the lawful possession of firearms in Canada. First, Article III of the Criminal Code includes crimes against the unauthorized possession of firearms, prohibited weapons, or restricted weapons. The law also contemplates imposing mandatory prohibition orders barring specific convicted individuals from possessing firearms. The Firearms Act regulates lawful ownership and possession of firearms, including eligibility to hold PALs. Under the law, a person may not hold a PAL if the interests of the person’s safety or public welfare make it desirable for that person not to possess a firearm.

Categories of Prohibited Individuals

The categories of persons prohibited from lawfully possessing or owning a firearm in Canada include:

• People convicted of certain criminal offences
• People currently or previously involuntarily committed to a psychiatric facility
• People who have received a verdict of not criminally responsible due to a mental disorder
• People currently serving a probation or conditional sentence order
• People currently subject to a restraining order or a peace bond

Exceptions and Appeals

The law specifically exempts various individuals from criminal laws prohibiting unlawful ownership or possession of firearms. First, the law exempts public officers from the provisions of the Criminal Code or Firearms Act if the public officer possesses a firearm, prohibited weapon, or restricted weapon during or for the purpose of the public officer’s duties or employment. Public officers include:

• Peace officers
• Members of the Canadian Forces or the armed forces of another country attached or seconded to the Canadian Forces
• Operators or employees of museums established by the Chief of the Defence Staff
• Members of cadet organizations under the control and supervision of the Canadian Forces
• Individuals undergoing training to become police or peace officers under the supervision of a police force or a police academy designated by the Attorney General of Canada or the lieutenant governor in council of a province
• Members of visiting forces under the Visiting Forces Act
• Individuals employed in the federal public administration or the government of a province or municipality
• The Commissioner of Firearms, the Registrar, or firearms officers
• Security officers for the Bank of Canada or the Royal Canadian Mint
• Security officers employed by any federal agency or body

The law also exempts preclearance officers, individuals acting for police forces, the Canadian Forces, or visiting forces, employees of businesses licensed to acquire and possess restricted firearms, employees of carriers, and employees of museums handling firearms.

Individuals prohibited from possessing firearms may also pursue other legal exceptions to their prohibition, including:

• Restoration of firearm rights through a record suspension
• An Authorization to Transport, which allows a prohibited person to transport firearms from a specific location to another
• A ministerial exception from the Minister of Public Safety

Firearms Offenses and Consequences

Under the Criminal Code, unauthorized possession of a firearm, prohibited weapon, or restricted weapon carries various criminal penalties for a conviction, including a term of imprisonment of up to five years for a conviction on an indictable offence or up to two years in jail and a $5,000 fine for a summary conviction.

Provincial and Territorial Laws

Ontario’s provincial law follows federal law regulating the possession and ownership of firearms. Furthermore, Ontario law allows people to use semi-automatic/repeating firearms for hunting in the province, but not restricted or prohibited firearms. People may also use air or pellet guns to hunt small game. Anyone hunting with a firearm in Ontario must have a valid PAL.

Public Safety and Firearms Regulations

Even when a person obtains a PAL to own a firearm lawfully, they must comply with strict storage, transportation, and usage requirements designed to prevent unauthorized access to or use of the individual’s firearms. Any firearms owner found to have improperly stored or transported firearms may face criminal prosecution. Additionally, firearms owners who fail to renew their PAL every five years may face prosecution for unauthorized possession.

Requirements for Getting a PAL or RPAL

To obtain a PAL or restricted PAL (RPAL), an applicant must complete a Royal Canadian Mounted Police-approved gun safety course, pass a gun safety test, complete a background check, and meet eligibility criteria for possessing a PAL, including being 18 or older. However, the RCMP can reject PAL applications on various grounds, including:

• Criminal convictions
• Court-issued no-contact orders or weapons prohibition orders
• Diagnosed mental health issues
• Any other documented reason by which the person poses a risk of harm to themselves or other people

Get Help of a Skilled Lawyer to Beat Firearm Charges

If the law has restricted you from owning or possessing a firearm in Canada, an experienced criminal offence lawyer from Posner Craig Stein LLP can explain your options for restoring your rights. Contact our firm today for a confidential consultation to learn more about firearm laws in Toronto.