In Canada, the ownership of firearms is regulated. To legally own a firearm in Canada, you must have a licence. In general, your application for a Possession and Acquisition Licence (PAL) will be refused if there were any indication that you would pose a risk to yourself or to the public.

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.

Who is prohibited from getting a firearms licence (PAL)?

Individuals who have been convicted of the following serious offences are prohibited from owning firearms:

• Offences involving violence or threats of violence: This category includes offences such as assault, robbery, and extortion.
• Offences involving intimate partner violence: (formerly called domestic violence) such as assault, harassment, or stalking within an intimate relationship.
• Offences involving firearms or weapons such as possession of a prohibited firearm, carrying a concealed weapon, or using a firearm in the commission of a crime.
• Drug offences: Convictions for drug trafficking, drug possession for the purpose of trafficking, or production of drugs can result in a prohibition from owning firearms.
• Offences involving organized crime, such as participation in a criminal organization.
• Offences involving terrorism, such as planning or participating in terrorist activities.
• Offences involving stalking or harassment.
• Offences involving mental health: Individuals who have been involuntarily committed to a psychiatric facility or have been found not criminally responsible due to a mental disorder may be prohibited from owning firearms.

Other factors that may prohibit an individual from getting a PAL are:

Probation or Conditional Sentence Orders: If a person is currently serving a probation or conditional sentence order, including a prohibition order issued by a court or through the Canadian Firearms Program, they are prohibited from owning firearms. These orders are typically imposed as an alternative to imprisonment and require the individual to follow specific conditions.

Restraining Orders: If a person is subject to a restraining order or a peace bond, they are prohibited from owning firearms. Restraining orders are issued by a court to protect individuals who may be at risk of harm from another person.

What is the law?

Prohibited offences are found under the Firearms Act or Part III of the Criminal Code; section 264 of the Criminal Code (criminal harassment); the Controlled Drugs and Substances Act; and the Cannabis Acts.

Specifically, under section Authorized Possession, Eligibility to Hold Licences, General Rules of the Firearms Act:

Public safety

• 5(1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

Criteria

(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person

• (a)has been convicted or discharged under section 730 of the Criminal Code of
  • (i)an offence in the commission of which violence against another person was used, threatened or attempted,
  • (ii)an offence under this Act or Part III of the Criminal Code,
  • (iii)an offence under section 264 of the Criminal Code (criminal harassment),
  • (iv)an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or
  • (v)an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act;

• (b)has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person;

• (c)has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;

• (d)is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;

• (e)in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intimate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or

• (f)for any other reason, poses a risk of harm to any person.

Exceptions to the categories of prohibited individuals

While certain individuals may fall into one of the categories of prohibited persons, there are circumstances where exceptions can be made. These exceptions are typically granted through a legal process and involve a thorough assessment of the individual’s circumstances.

• Restoration of firearms rights: In some cases, individuals who have been prohibited from owning firearms may be able to have their rights restored. This typically involves applying for a record suspension (formerly known as a pardon), which sets aside the conviction and removes the prohibition. The decision to grant a record suspension is made by the Parole Board of Canada, taking into consideration factors such as the nature of the offence, the individual’s behavior since the conviction, and the reason for seeking the restoration of firearms rights.

• Authorization to Transport (ATT): While individuals may be prohibited from owning firearms, they may still be granted an Authorization to Transport (ATT) in certain circumstances. An ATT allows a person to transport a firearm from one location to another, such as a shooting range or a gunsmith. This exception is typically granted to individuals who require the use of firearms for specific purposes, such as employment as a law enforcement officer or for participation in organized shooting competitions.

• Ministerial exemptions: The Minister of Public Safety has the authority to grant exemptions to individuals who would otherwise be considered prohibited persons. These exemptions are typically granted in cases where it is determined that the individual does not pose a risk to public safety and that granting the exemption is in the public interest. These exemptions can be temporary or permanent, depending on the circumstances. They are typically granted in situations where there are unique factors that warrant an exception to the general prohibition.

View other answers for more information on firearms law, including licensing, owning, types of firearms, importing and exporting firearms, and firearm offences.

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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