Firearms related offences and their penalties can be found in the Criminal Code. The Code also regulates which firearms and weapons are illegal in Canada and places them into three categories, also known as classes:

1. Non-restricted (e.g., most ordinary hunting rifles and shotguns – typically known as “long guns”),
2. Restricted (e.g., most handguns and certain semi-automatic firearms), and
3. Prohibited (e.g., small and prescribed handguns, including those small and easily concealed, fully automatic firearms, and sawed-off rifles and shotguns).

The Code defines a “firearm” as

A barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.

Individuals may own firearms in the non-restricted and restricted classes if they have the appropriate licence. Businesses can possess prohibited devices, with the appropriate licence, however, individuals may only own prohibited firearms in exceptional circumstances outlined in the Firearms Act. If you have been charged with a firearms or weapons related crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

Category 1: Non-Restricted Firearms

This category refers to firearms that are not classified as prohibited or restricted under Canadian law and can be legally owned and used by licenced individuals, most commonly for recreational purposes such as hunting or sport shooting. Common types of non-restricted firearms include rifles, shotguns, airguns, and antique firearms.

To own a non-restricted firearm in Canada, individuals must obtain a Possession and Acquisition Licence (PAL) issued by the RCMP. However, registration is not required for non-restricted firearms.

Category 2: Restricted Firearms

Restricted firearms are firearms in Canada that have more stringent regulations and restrictions placed on their ownership, acquisition, and use. They include:

• Handguns that are not prohibited firearms
• Firearms that:
  • are not prohibited firearms
  • have a barrel less than 470 mm in length
  • are capable of discharging centre-fire ammunition in a semi-automatic manner
• Firearms designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise
• Firearms of any other kind prescribed to be restricted firearms in the Firearms Act Regulations.

You may be licensed to buy or possess a restricted firearm only in the following circumstances:

• For target practice or target shooting competitions: you must provide proof that you practice or compete at an approved shooting club or range).
• As part of a collection: before being granted a licence, you may be asked to know the historical, technical, or scientific features of such firearms in your collection; to consent to occasional inspections of the place where your collection is stored; and to comply with regulations dealing with safe storage, record-keeping and other matters related to restricted firearms.
• In limited circumstances, to use in connection with one’s lawful profession or occupation, or to protect life.

In addition to requiring an appropriate licence for possession, restricted firearms must also be registered with the RCMP’s Canadian Firearms Program (CFP). This includes providing detailed information about the make, model, serial number, and other identifying features of the firearm.

Category 3: Prohibited Firearms

Prohibited firearms in Canada are those that are deemed too dangerous for civilian use and possession. This category includes:

• Short-barreled handguns: Handguns with barrels equal to or less than 105 mm in length
• Handguns designed or adapted to discharge a 25 or 32 calibre cartridge
  • does not include handguns for use in international sporting competitions governed by the rules of the International Shooting Union and where the handgun is prescribed to be restricted
• Converted automatics: Modified firearms originally designed as semi-automatic but altered to function as fully automatic weapons. Specifically, firearms adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted are:
  • less than 660 mm in length
  • 660 mm or greater in length and has a barrel less than 457 mm in length
• Automatic firearms: These are firearms that have the capability of continuous fire with a single pull of the trigger whether or not they have been altered
• Firearms prescribed to be prohibited firearms in the Regulations

Other types of firearms

In addition to restricted, non-restricted, and prohibited firearms, there are several other categories of firearms that may not be as commonly known or regulated.

1. Antique firearms: Antique firearms, made before 1898 or their replicas, can be owned and displayed without a licence. Modifications for modern ammo are not allowed.
2. Curio and relic firearms: Historical firearms over 50 years old, designated as curios or relics, can be licenced for easier possession and transport for historical or collecting purposes.
3. Replica firearms: Non-firing firearms resembling real ones, often used for re-enactments or collecting, are generally unregulated unless modified to fire.
4. Paintball and airsoft guns: Recreational guns using compressed air for non-lethal projectiles are unregulated if meeting speed and energy limits, but other laws may apply.
5. Prohibited devices: Items like silencers, high-capacity magazines, and specific ammo types are regulated under Firearms Act. Ownership without proper authorization is illegal.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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