Firearm Laws in Ontario

The short answer

Most firearm laws in Ontario are federal. That means the same rules apply across Canada. To possess a firearm lawfully, you need a valid licence. Restricted and prohibited firearms also need a registration certificate. Many common firearm charges come from licensing, storage or transport problems rather than from violence. Even so, a firearm charge can affect your liberty, your licence and your future, so it deserves careful attention from the start. This guide explains the classes of firearms, the licensing rules and the most common charges.

The three classes of firearms

Canadian law divides firearms into three classes:

• Non-restricted: This class includes most ordinary rifles and shotguns used for hunting and sport shooting.
• Restricted: This class includes most handguns and some other firearms.
• Prohibited: This class is banned for most people, and it includes many models that have been reclassified since 2020.

The class of a firearm affects which licence you need, how you must store and transport it, and the penalties if something goes wrong. Classifications have changed often in recent years, so it is important to check the current status of any firearm you own.

Licences and registration

You need a valid Possession and Acquisition Licence (PAL) to possess a firearm in Canada. Restricted and prohibited firearms also need a registration certificate (s. 91). Since 2022 and 2023, federal rules have frozen most new handgun transfers, with limited exceptions.

An expired licence can turn lawful ownership into unauthorized possession. A short grace period may apply in some cases, so act quickly if your licence lapses and get advice before moving or transferring any firearm.

The main Criminal Code firearm offences

Careless use or unsafe storage (s. 86)

• Maximum: The maximum is 2 years by indictment for a first offence, or 5 years for a later offence.
• More information: See unsafe storage of firearms.

Unauthorized possession (s. 91)

• Maximum: The maximum is 5 years by indictment.
• More information: See unauthorized possession of a firearm.

Firearm in a vehicle (s. 94)

• Maximum: The maximum is 10 years by indictment.
• More information: See gun found in a car.

Loaded prohibited or restricted firearm (s. 95)

• Maximum: The maximum is 14 years by indictment.
• More information: See section 95 charges.

Using a firearm or imitation in an indictable offence (s. 85)

• Maximum: The maximum is 14 years, and the sentence is served on top of any other sentence.
• More information: See pointing or using a firearm.

Most of these offences can also be prosecuted by summary conviction, which carries lower maximum penalties. Many former mandatory minimum sentences for firearm offences were repealed in 2022.

Firearms and other charges

A firearm involved in an assault, robbery or threat changes the whole case. It can lead to a higher sentence, a reverse onus at bail and a lifetime ban on prohibited and restricted firearms under s. 109. See bail for gun and firearms charges.

What happens after you are charged

1. Seizure: Police usually seize the firearm and may seize other firearms, ammunition and your licence.
2. Release or bail: Many people are released with conditions, but some firearm charges carry a reverse onus at bail.
3. Disclosure: The Crown provides police notes, photographs, any search warrant and reports on the firearm.
4. Resolution or trial: Your lawyer reviews the evidence and discusses options with the Crown, or the case goes to trial.

Licence review and seized firearms

A firearm charge can lead the Chief Firearms Officer to review or revoke your licence under the Firearms Act. This process is separate from the criminal case and has its own deadlines. If your firearms were seized, the Crown may ask the court to forfeit them at the end of the case, but you can ask for their return in some situations. Get advice early, because decisions in one process can affect the other.

Effects beyond the sentence

Firearm offences with a maximum of 10 years or more can make a permanent resident inadmissible for serious criminality under Canadian immigration law. A conviction can also lead to a weapons prohibition, the loss of your licence and problems entering the United States. For hunters, sport shooters and people who use firearms at work, these consequences can be as serious as the sentence itself.

What to do now

• Do not try to move, sell or transfer any firearm while the case is ongoing.
• Follow every release condition, including any order to surrender firearms or licences.
• Keep copies of your licence, registration certificates and any storage receipts.
• Get legal advice before speaking to police or the Chief Firearms Officer.

Hunting and provincial rules

Although the main firearm laws are federal, Ontario sets its own rules for hunting, including hunting licences, seasons and where firearms may be discharged. Municipal bylaws can also limit where firearms may be discharged within city limits, including in Mississauga and Brampton. Breaking a provincial or municipal rule is usually not a criminal offence, but it can lead to fines and can draw the attention of police and the Chief Firearms Officer.

Transporting firearms

Many charges arise when firearms are moved between a home, a range, a hunting area or a gunsmith. In general, firearms should be unloaded during transport, and restricted and prohibited firearms require additional security and specific authorization to transport. A firearm left in plain view in an unattended vehicle can lead to a storage or transport charge under s. 86.

How we can help

We can explain which rules apply to your firearm and your situation, and defend licensing, storage and possession charges. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions