Gun laws in Canada are among the strictest in the world, and violations of firearms legislation can result in serious criminal charges, imprisonment, and long-term firearm prohibitions.
In Ontario, firearm ownership and use are governed by the Firearms Act and the Criminal Code of Canada, with strict rules for licensing, storage, transportation, and handling. This guide explains how firearm laws work in Canada, how to obtain a firearms licence, the consequences of gun-related charges, and how recent legislative changes affect both lawful gun owners and criminal prosecutions.
Table of Contents
- Firearms Laws in Canada: Legal Framework
- Gun Control and Firearms Crimes in Canada
- How to Get a Gun Licence in Canada
- Types of Firearms Licences in Ontario
- Firearm Storage, Transportation, and Carrying Laws
- Criminal Consequences of Firearm Charges
- Recent Changes in Canadian Gun Laws
- Defending Firearm Charges in Ontario
- Why Early Legal Advice Matters in Gun Cases
- Speak to a Firearms Defence Lawyer in Ontario
Key Takeaways
- The Firearms Act and the Criminal Code regulate firearms in Canada.
- A valid licence is mandatory to possess or acquire a firearm.
- Improper storage, transport, or possession can lead to criminal charges.
- Firearm offences often carry severe penalties, including jail time.
- Recent federal reforms have significantly expanded the prohibited firearms.
- Early legal advice is critical when facing gun-related charges.
Firearms Laws in Canada: Legal Framework
Firearm ownership and use in Canada are regulated primarily by the Firearms Act and the Criminal Code of Canada, as well as regulations and federal Orders in Council (OICs).
- The Firearms Act governs licensing, registration, storage, transportation, and safety requirements.
- The Criminal Code defines firearm classifications and sets out criminal offences and penalties.
- Administration and enforcement are handled by the Canadian Firearms Program (CFP), which the RCMP oversees.
Even technical non-compliance — such as improper storage or an expired licence — can result in criminal liability.
Gun Control and Firearms Crimes in Canada
Canadian law classifies firearms into non-restricted, restricted, and prohibited categories. Each classification carries different legal requirements and restrictions.
Firearm-related criminal charges may arise from:
- Unauthorized possession of a firearm
- Improper storage or transportation
- Possession of a firearm while prohibited
- Use of a firearm in the commission of an offence
- Trafficking, smuggling, or unauthorized transfer
Many firearm offences are hybrid offences, meaning the Crown may proceed either summarily or by indictment depending on the circumstances and seriousness of the case.
How to Get a Gun Licence in Canada
To legally possess or acquire a firearm in Canada, an individual must obtain a firearms licence through the Canadian Firearms Program.
Firearms Licensing Process
- Complete the Canadian Firearms Safety Course (CFSC)
- Pass a written and practical examination (minimum 80% required)
- Apply for a firearms licence.
- Undergo background and eligibility screening.
- Observe a mandatory waiting period (minimum 28 days)
Background checks may include criminal history, court records, and mental health considerations. Licence holders are also subject to continuous eligibility screening after issuance.
Types of Firearms Licences in Ontario
Possession and Acquisition Licence (PAL)
A PAL allows individuals to possess and acquire non-restricted firearms, such as most hunting rifles and shotguns.
Restricted Possession and Acquisition Licence (RPAL)
An RPAL is required for restricted firearms, which historically included certain handguns and specific semi-automatic guns. Licences must be renewed every five years.
While some restricted firearms may still be licensed, current federal restrictions limit the ability to purchase or transfer certain firearms, including handguns.
Firearm Storage, Transportation, and Carrying Laws
Failure to comply with storage or transportation rules is one of the most common causes of firearm-related charges.
Storage Requirements
- Firearms must be unloaded
- Secured with a locking device
- Stored separately from ammunition
- Restricted firearms must be kept in a safe, vault, or specially constructed room.
Transportation Rules
- Firearms must be unloaded during transport.
- Restricted firearms must be locked and concealed.
- Owners of restricted firearms require an Authorization to Transport (ATT)
Carrying Firearms
An Authorization to Carry (ATC) is extremely rare and is issued only in exceptional circumstances, such as specific occupational needs.
Criminal Consequences of Firearm Charges
Firearm offences can result in severe penalties, even where no violence occurs.
| Type of Offence | Potential Penalty |
|---|---|
| Summary conviction firearm offence | Up to 2 years less a day and/or fines |
| Indictable firearm offence | Up to 10 years or more |
| Firearm used in a violent offence | Mandatory minimum sentences may apply |
Additional consequences may include:
- Lifetime firearm prohibitions
- Criminal record
- DNA databanking orders
- Probation and strict release conditions
Recent Changes in Canadian Gun Laws
Over the past several years, Canada has implemented significant firearm law reforms, including:
- A 2020 Order in Council banning over 1,500 firearm models
- Expansion of the prohibited firearms classification
- A federal handgun transfer freeze
- Increased enforcement focus on firearm-related offences
These changes have had a substantial impact on lawful firearm owners, licensing rules, and criminal prosecutions.
Defending Firearm Charges in Ontario
Firearm cases are often highly technical, turning on issues such as licensing validity, compliance with storage regulations, and the legality of police searches.
Defence strategies may involve:
- Challenging unlawful searches or seizures
- Disputing knowledge or possession
- Reviewing licence status and exemptions
- Raising violations of Charter rights
Joel Prajs, Criminal Defence Lawyer at Vilkhov Law:
“Firearm cases are highly technical. Small compliance issues or Charter breaches can make the difference between a conviction and a successful defence.”
Why Early Legal Advice Matters in Gun Cases
Early legal representation can:
- Prevent self-incriminating statements to the police
- Challenge unlawful searches or seizures.
- Preserve evidence supporting lawful possession.
- Influence how charges are framed and prosecuted.
- Protect long-term firearm ownership rights.
Delays often limit available defence options.
Speak to a Firearms Defence Lawyer in Ontario
If you are facing firearm-related charges in Toronto, Mississauga, Barrie, Etobicoke, or anywhere in the Greater Toronto Area, the consequences can be severe and long-lasting.
Contact Vilkhov Law today to schedule a confidential consultation and protect your rights under Ontario and Canadian firearm laws.
FAQ
Are gun laws in Ontario different from the rest of Canada?
Firearms laws are federal and apply across Canada under the Firearms Act and Criminal Code. Enforcement and prosecution practices may vary slightly by province, including Ontario.
Do I need a licence to own a firearm in Ontario?
Yes. A valid firearms licence is mandatory to possess or acquire a firearm in Ontario. Most individuals require a Possession and Acquisition Licence (PAL), while restricted firearms require an RPAL.
What happens if I store or transport a firearm improperly?
Improper storage or transportation of a firearm can result in criminal charges, even if the firearm was not used. Penalties may include fines, imprisonment, firearm prohibitions, and a criminal record.
Can I still legally own a handgun in Canada?
Current federal law significantly restricts the purchase and transfer of handguns. Some individuals may still hold licences for restricted firearms, but the ability to acquire or transfer handguns is limited.
What criminal penalties apply to firearm offences?
Firearm offences may be prosecuted summarily or by indictment. Penalties range from fines and probation to imprisonment of up to 10 years or more, particularly for serious or violent offences.
What are common firearm-related charges in Ontario?
Common charges include unauthorized possession, improper storage or transportation, possession while prohibited, use of a firearm in an offence, and trafficking or unauthorized transfer.
How are firearm charges defended in Ontario?
Defence strategies often focus on technical and procedural issues such as licence validity, compliance with storage rules, possession and knowledge, and potential Charter violations during police searches.
When should I contact a firearms defence lawyer?
You should contact a firearms defence lawyer as early as possible. Early legal advice can protect your rights, preserve evidence, and influence how charges are framed and prosecuted.
