How can I get my gun back from the police?

By Last Updated: March 16, 2022

Set of different guns

How you get your gun back from the police will depend on whether it was seized for safety reasons, or whether it was seized because it was used in the commission of a criminal offence.

When your firearm has been seized for safety reasons, the officer who seized it must make an application to the court within 30 days for an order for the disposition of your firearm. If no application is made within 30 days, your firearm must be returned to you. If an application is made, you will have to attend the hearing and make submissions as to why you should have your firearm returned to you. At the end of the hearing, the justice that heard the application can issue an order that the firearm is returned to you, or they can make an order that the firearm is forfeited to the Crown. The justice can also make an order that you are not entitled to possess firearms or other weapons for a period of time not exceeding five years. If your gun was used in the commission of a criminal offence and there is a finding of guilt for that offence, the gun will be permanently forfeited to the Crown.

Given that you are at risk of permanently losing your firearms after they have been seized, call our office as soon as possible so that one of our defence lawyers can help you ensure that they are not permanently forfeited to the Crown. Not only will we be able to assist you with recovering your firearms from the state, but we will also be able to help you secure the best possible outcome for your criminal charges.

About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Oykhman Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centered. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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