How are firearms regulated in Canada?

>>>How are firearms regulated in Canada?

In Canada, unlike in the United States, there is no right to bear arms. Here, the use and ownership of firearms is heavily regulated by provincial and federal statutes and regulations, as well as municipal by-laws. If you contravene the laws and regulations that govern the use of firearms in Canada, you can be charged with a criminal offence or a non-criminal regulatory offence.

In accordance with the Criminal Code, a firearm includes any barrelled weapon from which a shot or bullet can be discharged and that is capable of causing serious bodily injury or death to a person.

The rules that apply to you when you are using firearms depend on the type of firearm you have. Section 84 of the Criminal Code sets out three classes of firearms, and the different rules apply to each category:

  • Prohibited firearms, or firearms that are illegal to own in Canada. Prohibited firearms include guns like automatic guns, sawed off shotguns, and guns that are less than 105 mm in length.
  • Restricted firearms are firearms that you can own if you successfully complete a safety course and obtain a licence to hold restricted firearms under the Firearms Act. Restricted firearms include handguns that are not prohibited, semi-automatic guns, firearms that discharge centre-fire ammunition, and firearms that have a barrel that is less than 470 mm in length.
  • Non-restricted firearms generally include the types of guns that are used for hunting, like rifles and shotguns. Non-restricted firearms can be used once someone has obtained a licence in accordance with the requirements set out in the Firearms Act.

In order to lawfully own a firearm, a number of steps must be taken. First, an individual who wants to own a firearm needs to take the Canadian Firearms Safety Course (CFSC). If an individual wants to lawfully own a restricted firearm, the Canadian Restricted Firearms Safety Course (CRFSC) must be taken. Once the course is taken, a safety exam based on the contents of the course must be successfully completed.

Once you have completed the course and the test, you must submit an application to obtain a licence. Even if you have successfully completed the safety course and passed the test, it is still possible that your application to obtain a licence will be rejected if it is found that it is not in the “interests of safety” that you own a firearm. In accordance with the Firearms Act, some of the factors that are considered when determining whether it is in the interests of safety for someone to hold a firearms licence include:

  1. Whether they have been convicted of a violent offence within the past 5 years;
  2. Whether they have been confined to a prison or treated with a mental illness associated with violence within the past 5 years; and
  3. Whether they have shown a pattern of behaviour that includes violence or attempted violence within the past 5 years.

However, it should be noted that these factors are not exhaustive, and under the Firearms Act a licence can still be rejected if there are other grounds that indicate it would be unsafe to provide a person with a firearms licence. Other grounds may be things such as prior criminal offences outside of the five year window, a history of alcohol or substance abuse, or the fact that the person applying for a licence is the subject of a firearms prohibition order following a conviction for a criminal offence.

If you have successfully obtained a licence for restricted firearms and would like to be able to transport a restricted firearm between your home and another place, you will have to file additional paperwork to obtain authorization to transport your gun. An authorization to transport will typically allow you to transport a firearm to a shooting club or a shooting range, from your old residence to your new residence if you are moving, to a place for repair, storage, sale, importation or appraisal, or to a gun show.

For specific information regarding your claim, please select the location that's closest to you.

2017-11-20T11:07:56+00:00
Lawyer-lookup

Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.

 

M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.

 

B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.