When can the police seize my gun?

>>>When can the police seize my gun?

If the police have reasonable and probable grounds to believe that an offence has been committed that involves a firearm, or that a firearm has been used in the commission of an offence, the police have the power to obtain a warrant to search for the weapon and seize it.

In certain exigent circumstances, the police can conduct a warrantless search for a firearm. However, in order for the police to lawfully search for a firearm without a warrant, they must also prove that in the circumstances it would have been impractical for them to take the time to procure a warrant. The police can typically justify this type of warrantless search by establishing that their safety or the safety of the public would have been at risk but for the warrantless search, or that evidence of the offence in question would have been lost or destroyed during the time they were seeking a proper warrant.

The police can also seize your firearm when they can establish reasonable grounds to support the belief that it is not in the interests of public safety for you to have a firearm. This may be the case when they can show that you have handled your firearms in a careless manner, or when they can prove that due to your mental or emotional state it would be unsafe for you to be in possession of a firearm. For example, the police sometimes will be justified in seizing your firearms after you have been charged with a domestic violence offence. In such cases, the police can either obtain a warrant to search and seize your weapon, or can perform a warrantless search and seizure in exigent circumstances.

If your firearm is seized on the grounds that you cannot safely possess it, a hearing will be conducted within 30 days of the seizure where it will be decided whether it is in the interests of the public for you to possess the firearm. If the finding is against you at the hearing, your firearms will be forfeited, your firearms licence, authorization, and registration will be revoked, and you will be subject to a prohibition order for a maximum period of five years.

Further, if upon request you fail to produce your authorization, licence, and registration to hold a firearm, a peace officer may seize your firearm. However, if you can provide the missing documentation within 14 days, your firearm will be returned to you. If not, the peace officer will make an application to the court for permanent forfeiture of your firearm.

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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.