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Ontario|Private InvestigationsPersonal / Family / Missing Person 984 Is it legal to carry a weapon, gun, mace or pepper spray? Unlike some jurisdictions, such as the United States, and portrayals in the popular media, Canadian citizens are generally prohibited from carrying mace, pepper spray, handguns and most other weapons.
- Prohibited Weapons
The Criminal Code definition of prohibited weapons and firearms includes:
- automatic firearms
- sawed-off rifles and shotguns
- silencers
- large capacity ammunition cartridges
- knives that open by spring action, gravity or centrifugal force
- any weapons declared by Order in Council to be a prohibited weapon
Government regulations also list numerous other devices as "prohibited weapons," including but not limited to:
- any firearm capable of discharging a dart or other object with an electrical current, commonly known as Taser Public Defenders
- any firearm designed or of a size to fit in the palm of a hand, commonly known as SSS-1 Stinger
- any device, liquid, spray or powder used for the purpose of injuring, immobilizing or otherwise incapacitating a person such as tear gas, mace or pepper spray
- any hard non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain, commonly known as Nunchakus
- any device consisting of a manually triggered telescoping spring-loaded steel whip, commonly known as a Kiyoga Baton or Steel Cobra
By omission, some devices are not considered prohibited weapons, such as batons, truncheons, night-sticks and billy clubs. Handcuffs and other restraints are also not prohibited or restricted weapons.
The Criminal Code contains many offences involving weapons, including those that are not prohibited such as mace or pepper spray. The term "weapon" has been defined to include anything designed, intended or used to cause death or injury to another person or to threaten or intimidate.
For example, the Code makes carrying or possessing any weapon, imitation of a weapon, prohibited device or even its ammunition for a purpose dangerous to the public peace or for committing an offence punishable by imprisonment for up to 10 years. Carrying a weapon into a public meeting or carrying a concealed weapon without proper licensing are also offences.
- Firearms
Firearms, depending on type, fall under the category of restricted or prohibited weapons. As discussed above, if the firearm is prohibited, possession of it is illegal. If the firearm is classified as restricted, the Code generally prohibits the possession or transport of it unless the person is licensed to carry the weapon, and then only for certain purposes such as hunting or sharp-shooting. It is even an offence to simply point a firearm, whether loaded or not, at an individual.
For information regarding related topics, refer to other sections of Legal Line . For legal advice and assistance, contact a lawyer.
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