Weapons Prohibition Orders After a Conviction

The short answer

A weapons prohibition order bans you from having firearms and other weapons. After many violent offences, the court must make one, even if you receive a discharge. For other offences, the judge decides whether one is needed. For hunters, sport shooters and people who use firearms for work, this is often the most important consequence of the case.

When the order is mandatory (s. 109)

The court must make the order when sentencing, or when granting a discharge, for:

• Violent indictable offences: An indictable offence involving violence, with a maximum of 10 years or more. That includes assault with a weapon or assault causing bodily harm by indictment.
• Family and partner violence: An indictable offence involving violence against an intimate partner, a child or parent of you or your partner, or someone living with you.
• Criminal harassment: A conviction or discharge for criminal harassment.
• Firearm and drug offences: Certain firearm and drug trafficking offences.

How long it lasts

For a first mandatory order, the ban on ordinary firearms, crossbows, restricted weapons, ammunition and explosives lasts at least 10 years after you are released from prison, or after sentencing if there is no jail. The ban on prohibited and restricted firearms, prohibited weapons, devices and ammunition lasts for life. A second or later mandatory order is for life.

When the order is discretionary (s. 110)

For other offences involving violence, or involving weapons, the court must consider whether an order is needed for safety. If it is, the court must make it. This includes assault with a weapon prosecuted by summary conviction.

A discretionary order lasts up to 10 years. However, if the violence was against an intimate partner, a child or parent, or someone living with you, it can be for life (s. 110(2.1)).

What the order covers

• Firearms and crossbows: All firearms and crossbows are covered.
• Weapons: Prohibited and restricted weapons are covered.
• Devices: Prohibited devices are covered.
• Ammunition and explosives: All ammunition and explosive substances are covered.

Your firearms licence is revoked, and you must surrender the items covered by the order.

Bans before trial

A weapons ban often begins long before sentencing. For many violent offences, a release order must include a condition banning firearms and other weapons, unless the justice finds it is not needed for safety (s. 515(4.1)). Police may also seize firearms during the investigation. These steps are separate from a prohibition order after a conviction.

Exceptions for work or sustenance

In limited cases, the court can allow you to use firearms for sustenance hunting or for your job (s. 113). You must ask for it and show why it is needed. It has to be raised before or at sentencing.

Why the Crown's route matters

The mandatory order applies to indictable offences. For some charges, like assault with a weapon, if the Crown proceeds by summary conviction, the order becomes discretionary instead.

For example, a licensed hunter charged with assault with a weapon may have a strong interest in a resolution by summary conviction. That point needs to be part of the discussion with the Crown early on.

Breaching a prohibition order

Having a firearm or other weapon while a prohibition order is in force is a separate criminal offence. It can also create a reverse onus at bail if you are later charged with an offence involving a firearm or weapon while under the order (s. 515(6)(a)(viii)). That makes it essential to surrender every item covered by the order. Carrying a weapon while an order is in force can also lead to separate weapon charges, such as possession of a weapon for a dangerous purpose.

What to do now

• Ask your lawyer early whether a mandatory or discretionary order is likely in your case.
• Make a list of any firearms, licences and ammunition you own, so they can be dealt with properly.
• If you hunt for food or need firearms for work, raise s. 113 before sentencing.

What happens to seized firearms

When police seize firearms during an investigation, they are usually held until the case ends. If a prohibition order is made, the items must be forfeited or disposed of according to the law. If no order is made, you may be able to ask for their return, although your licence status and any other conditions will affect that request.

Peace bonds and weapons bans

A peace bond is not a conviction, but it can still include a weapons condition. When making a peace bond, the court must consider whether a weapons ban is desirable for safety, and if it is, the court must include one (s. 810(3.1)).

Licence review

Separate from the criminal case, a charge or a court order can lead the Chief Firearms Officer to review or revoke your firearms licence. The review can happen even before the case ends, so licence holders should get advice early.

Effects on work

A weapons ban can affect jobs in security, policing, the military, hunting and outfitting, and some trades. If your work depends on firearms, tell your lawyer right away, so the issue can be raised with the Crown and, if needed, under s. 113.

What the court considers for a discretionary order

When deciding whether a discretionary order is needed, the court looks at the safety of the person charged and of others. Relevant factors usually include the nature of the violence or threat, any history of violence, any history involving weapons and the relationship between the people involved. If the court finds that an order is desirable for safety, it must make one.

How the order is enforced

Once an order is made, your firearms licence is revoked and police are notified. Items covered by the order must be surrendered or disposed of within the time the court sets. Having any covered item while the order is in force is a separate offence, and it can make bail much harder if you are charged again.

How we can help

We can explain whether a weapons ban applies in your case, argue for the Crown's route that avoids a mandatory order where possible, and raise any work or sustenance exception. Call (647) 223-1980 for a free consultation.

Frequently asked questions