Firearms in Canada are federally regulated under the Firearms Act and the Criminal Code of Canada. To legally own a firearm in Ontario, you need a Possession and Acquisition Licence (PAL) or a Restricted PAL (RPAL). Key recent changes: Bill C-21 (Royal Assent December 2023) codified the national handgun freeze into law, banned new makes and models of prohibited firearms, introduced “red flag” laws, and increased penalties for trafficking and smuggling.
As of December 2024, over 2,000 firearm models have been prohibited. Even minor compliance failures, such as improper storage or an expired licence, could result in criminal charges. If you are facing firearm charges in Ontario, contacting a criminal defence lawyer as early as possible is important.
Key Takeaways
- Firearms in Canada are regulated by the Firearms Act, and the Criminal Code of Canada rules apply equally across all provinces, including Ontario.
- A valid Possession and Acquisition Licence (PAL or RPAL) is mandatory to possess or acquire any firearm.
- Bill C-21 received Royal Assent in December 2023, codifying the handgun freeze, banning new prohibited models, and introducing red flag and yellow flag laws — most provisions are now in force.
- As of December 2024, over 2,000 firearm models and variants are classified as prohibited. Amnesty provisions are in place until October 30, 2026, for existing owners.
- Firearm trafficking and smuggling now carry maximum sentences of 14 years (increased from 10) and mandatory minimums of 3 years for a first offence.
- Even technical non-compliance, improper storage, an expired licence, or an unauthorized transfer can result in criminal charges with serious long-term consequences.
- Early legal advice is critical when facing firearm-related charges. Charter challenges, licensing issues, and procedural defences can be decisive.
Firearms Laws in Canada: Legal Framework
Firearm ownership and use in Canada are governed by three primary sources of law:
- The Firearms Act: governs licensing, registration, storage, transportation, safety training, and compliance requirements for all firearm owners.
- The Criminal Code of Canada: defines firearm classifications (non-restricted, restricted, and prohibited), sets out criminal offences and penalties, and contains mandatory minimum sentences for serious offences.
- Orders in Council and federal regulations: allow the government to reclassify firearms and impose restrictions outside the standard legislative process. These were used in 2020 and again in 2024 to expand the list of prohibited firearms.
Administration and enforcement are handled by the Canadian Firearms Program (CFP), operated by the RCMP. Licence holders are subject to ongoing eligibility screening, meaning a change in circumstances (such as a criminal charge or restraining order) can affect your licence at any time.
Even technical non-compliance, such as improper storage, an expired licence, or an unauthorized transfer of ammunition, can result in criminal liability.
How Canadian Law Classifies Firearms
The Criminal Code divides all firearms into three categories. The classification determines what licence you need, how the firearm must be stored and transported, and what penalties apply if something goes wrong.
| Classification | Examples | Licence Required | Key Rules |
|---|---|---|---|
| Non-Restricted | Most hunting rifles and shotguns | PAL | Standard storage and transport rules apply |
| Restricted | Certain handguns (existing owners only); some semi-automatic rifles | RPAL + registration certificate | Authorization to Transport (ATT) required; must be stored in an approved safe |
| Prohibited | Over 2,000+ banned models (including most assault-style firearms); short-barrelled handguns; converted automatics | Cannot be acquired — amnesty for existing owners only | Can only be possessed under existing amnesty; no transfers permitted in most cases |
Common Firearm-Related Criminal Charges in Ontario
Firearm-related criminal charges in Ontario range from administrative non-compliance to serious violent offences. The most common charges include:
- Unauthorized possession (s.91, s.92 Criminal Code): possessing a firearm without a valid licence, or a restricted/prohibited firearm without both a licence and a registration certificate.
- Improper storage or transportation (Firearms Act regulations): one of the most frequent causes of charges for otherwise lawful gun owners. Even a minor storage failure can result in criminal liability.
- Possession while prohibited (s.117.01 Criminal Code): possessing a firearm when subject to a prohibition order, including red flag orders under Bill C-21.
- Firearm trafficking and smuggling (s.99–s.103 Criminal Code): manufacturing, transferring, or possessing firearms for the purpose of unauthorized transfer. These are straight indictable offences with mandatory minimums.
- Use of a firearm in an offence (s.85 Criminal Code): using a real or imitation firearm while committing an indictable offence. Carries a mandatory one-year consecutive sentence on a first offence.
- Possession of a prohibited or restricted firearm with ammunition (s.95): possessing a loaded restricted or prohibited firearm, or an unloaded one with readily accessible ammunition, without authorization.
Many of these offences are hybrid offences; the Crown may proceed summarily or by indictment, depending on the seriousness of the case.
How to Get a Firearms Licence in Canada (PAL and RPAL)
To legally possess or acquire a firearm in Canada, you must obtain a licence through the Canadian Firearms Program. There is no shortcut; possession without a valid licence is a criminal offence.
Step-by-Step Licensing Process
- Complete the Canadian Firearms Safety Course (CFSC) required for a PAL. For an RPAL, you must also complete the Canadian Restricted Firearms Safety Course (CRFSC).
- Pass the written and practical examination (minimum 80% required).
- Submit an application to the Canadian Firearms Program, including consent for background screening.
- Undergo a background and eligibility review: the RCMP checks criminal history, court records, mental health history, and domestic violence or stalking concerns.
- Observe the mandatory 28-day waiting period (this can be waived in limited circumstances).
- The licence issued is valid for five years and is subject to continuous eligibility screening after issuance.
| Licence Type | Covers | Additional Requirements |
|---|---|---|
| PAL (Possession and Acquisition Licence) | Non-restricted firearms (hunting rifles, shotguns) | CFSC completion; background check; 28-day wait |
| RPAL (Restricted PAL) | Restricted firearms — existing handguns; certain semi-automatic rifles | CFSC + CRFSC; background check; registration certificate required per firearm |
| Minor’s Licence (12–17 years) | Borrowing non-restricted firearms unsupervised; purchasing ammunition | Parental consent; safety course; no purchase of firearms permitted |
Important: The handgun freeze introduced in 2022 and codified by Bill C-21 means that even with a valid RPAL, most individuals cannot purchase or import a handgun. Existing registered handgun owners may continue to possess and use them, but cannot transfer them to another individual (with very limited exceptions for elite sport shooters and those with a carry authorization).
Firearm Storage, Transportation, and Carrying Laws
Failure to comply with storage and transportation requirements is one of the most common ways lawful gun owners end up facing criminal charges, even where no harm occurs and no violent intent exists.
Storage Requirements
- All firearms must be stored unloaded.
- Non-restricted firearms must be secured with a locking device (trigger lock or cable lock) or stored in a locked container.
- Ammunition must be stored separately from the firearm or locked away.
- Restricted and prohibited firearms must be stored in a locked vault, safe, or specially constructed room and must be secured with a trigger lock as well.
- The storage location itself must not be accessible to unauthorized persons.
Transportation Rules
- All firearms must be unloaded during transport.
- Non-restricted firearms must be in a locked container or secured with a locking device.
- Restricted firearms must be unloaded, in a locked container, rendered inoperable, and the transport must comply with an Authorization to Transport (ATT).
- An ATT is required to transport a restricted firearm anywhere other than its registered location — including to a gun range, gunsmith, or border crossing.
- As of October 1, 2024, decisions on Authorizations to Carry (ATC) for personal protection are centralized nationally through the CFP.
Carrying Firearms in Public
An Authorization to Carry (ATC) for personal protection is exceptionally rare. It is issued only in specific occupational circumstances, such as working in a remote wilderness area with documented risk from dangerous wildlife, or by certain licensed security personnel. ATCs are not issued for general personal protection.
Criminal Penalties for Firearm Offences in Canada
Firearm offences can result in severe penalties, even where no violence occurred and no one was harmed. Sentences range from fines to life imprisonment depending on the offence.
| Offence | Criminal Code Section | Procedure | Mandatory Minimum | Maximum |
|---|---|---|---|---|
| Unauthorized possession (non-restricted) | s.91 | Summary / Indictable | None | 2 yrs less a day (summary) / 5 yrs (indictable) |
| Unauthorized possession (restricted/prohibited) | s.92 | Summary / Indictable | None | 2 yrs less a day (summary) / 10 yrs (indictable) |
| Possession: loaded restricted/prohibited firearm | s.95 | Summary / Indictable | None (s.95 MMP struck down — R v. Nur, 2015 SCC 15) | 1 yr (summary) / 10 yrs (indictable) |
| Using a firearm in the commission of an offence | s.85 | Indictable only | 1 yr consecutive (first offence); 3 yrs (subsequent) | 14 years |
| Weapons trafficking/smuggling | s.99–s.103 | Indictable only | 3 yrs (first offence); 5 yrs (subsequent) | 14 years (increased by Bill C-21) |
| Robbery with a restricted/prohibited firearm | s.344 | Indictable only | 5 yrs (first); 7 yrs (subsequent — organized crime) | Life imprisonment |
| Improper storage (non-restricted) | Firearms Act | Summary / Indictable | None | 2 yrs less a day (summary) / 5 yrs (indictable) |
Note on mandatory minimums: Bill C-5 (2022) repealed mandatory minimums for 13 firearm offences, including simple unauthorized possession under s.91 and s.92. Serious offences involving trafficking, smuggling, use in an offence, and organized crime retain mandatory minimums. R v. Nur (2015 SCC 15) struck down the mandatory minimum for s.95 (loaded restricted firearm) as unconstitutional.
Additional Consequences of a Firearm Conviction
- Mandatory or discretionary lifetime firearms prohibition orders
- Criminal record affecting employment, housing, travel, and professional licensing
- DNA databanking orders
- Probation with strict conditions, including no-contact and reporting requirements
- Immigration consequences: conviction can trigger deportation proceedings for permanent residents and bars to citizenship
- Loss of existing PAL or RPAL and all registered firearms
Recent Changes in Canadian Gun Laws: 2022–2025
Canadian firearms law has changed significantly over the past three years. Anyone who owns a firearm or is facing charges needs to understand the current landscape.
| Date | Change | What It Means in Practice |
|---|---|---|
| October 2022 | National handgun freeze (Order in Council) | No new handgun purchases or transfers for most Canadians |
| December 15, 2023 | Bill C-21 receives Royal Assent | Handgun freeze codified into law; new prohibited models; red flag laws; trafficking max increased to 14 years; new ghost gun offences |
| December 15, 2023 | Magazine transfers restricted | Cartridge magazines may only be transferred to individuals with a valid firearms licence |
| September 1, 2024 | Ammunition, magazine, and firearm parts licensing | Ammunition, cartridge magazines, and firearm barrels/slides may only be transferred to individuals holding a valid PAL or RPAL |
| October 1, 2024 | ATC decisions centralized | Authorization to Carry decisions for personal protection are centralized through CFP nationally |
| December 1, 2024 | Over 300 additional models are prohibited | Total prohibited models now exceed 2,000; amnesty for existing owners extended to October 30, 2026 |
| March 7, 2025 | Yellow flag laws in force | Chief Firearms Officers can temporarily suspend a licence for up to 30 days where eligibility is in question |
| April 4, 2025 | Domestic violence licence restrictions in force | Licences refused or revoked for individuals convicted of violence against an intimate partner or subject to a protection order |
Ghost Guns: A New Offence Under Bill C-21
Bill C-21 created specific new offences targeting so-called ‘ghost guns’, untraceable firearms manufactured without serial numbers or proper licensing. It is now a criminal offence to possess or distribute computer data (including 3D-printing files) for the purpose of manufacturing a firearm, prohibited device, or prohibited weapon. It is also an offence to alter a cartridge magazine to exceed its lawful capacity.
Defending Firearm Charges in Ontario
Firearm cases are among the most technically complex in Canadian criminal law. The outcome often turns not on the firearm itself, but on procedural issues: whether the search was lawful, whether the accused had the required knowledge, and whether licensing or classification questions were properly assessed.
“Firearm cases are highly technical, and that works in your favour if you know where to look. A search conducted without a valid warrant, a classification dispute, or an expired versus suspended licence can all change the outcome completely. I approach every case with the same principle I bring to all my work: the presumption of innocence is not a courtesy; it is a right. My job is to make sure the Crown proves every element, lawfully.” — Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
Common Defence Strategies
| Defence | How It Works |
|---|---|
| Charter violations (s.8 — unreasonable search) | Most firearm evidence comes from searches of vehicles, homes, or persons. If the search was conducted without a valid warrant or reasonable grounds, evidence can be excluded under s.24(2) of the Charter — often ending the prosecution. |
| Lack of knowledge or control | The Crown must prove the accused knew about the firearm and had control over it. Shared vehicles, shared homes, or third-party access can raise a reasonable doubt on this element. |
| Licensing and classification disputes | A firearm’s legal classification can be disputed. A firearm incorrectly classified as prohibited or restricted, or one where the accused held a valid but overlooked exemption, may defeat the charge entirely. |
| Improper storage: technical breach, minimal risk | Where the breach was minor and unintentional, defence can argue the circumstances do not justify criminal sanction — particularly relevant since some mandatory minimums for simple possession were repealed by Bill C-5 (2022). |
| Amnesty and exemption provisions | Individuals in lawful possession of now-prohibited firearms under the ongoing amnesty may have a complete defence to certain possession charges. The current amnesty extends to October 30, 2026. |
| Red flag order challenges | Protection orders and licence revocations issued under Bill C-21 can be challenged if the procedural requirements were not properly followed or the grounds for the order did not exist. |
Why Early Legal Advice Matters in Firearm Cases
The consequences of a firearm conviction, even for a first-time, non-violent offence, are serious and lasting. Acting quickly can make a significant difference.
Prevent Self-Incriminating Statements
Statements made to police, even intended to be helpful, can be used to establish knowledge, control, or intent. Under s.10(b) of the Charter, you have the right to retain and instruct a lawyer before answering questions. This right applies from the moment of detention or arrest.
Challenge the Search
Most firearm charges begin with a search of a vehicle, home, or person. Whether the search was authorized by a valid warrant or the police had reasonable grounds to search without one is often the most important question in the case. A defence lawyer can assess the lawfulness of the search immediately, before the Crown consolidates critical evidence.
Assess Licensing, Classification, and Amnesty Status
Whether your licence was valid at the time, whether the firearm was correctly classified, and whether any exemption or amnesty provision applies are legal questions that require careful analysis. These issues can be decisive and are not always obvious at first glance.
Protect Your Firearms Licence and Long-Term Rights
A firearms prohibition order can affect your livelihood, particularly for hunters, competitive shooters, farmers, and licensed security professionals. Early legal involvement can preserve options that may not be available once a charge proceeds further in the court system.
Speak to a Firearms Defence Lawyer in Toronto and the GTA
If you are facing firearm-related charges in Toronto, Mississauga, Brampton, Barrie, Etobicoke, or anywhere in the Greater Toronto Area, the consequences can be severe and lasting, even for a first offence.
Vilkhov Law represents clients across the full range of firearm and weapons charges. Contact us for a confidential consultation, available 24/7 at (416) 807-4477.
Frequently Asked Questions
Are gun laws in Ontario different from the rest of Canada?
No. Firearms laws are federal and apply uniformly across all provinces and territories under the Firearms Act and the Criminal Code. Enforcement priorities and practices may vary slightly, but the legal framework is the same in Ontario as it is elsewhere in Canada.
Do I need a licence to own a firearm in Ontario?
Yes. A valid Possession and Acquisition Licence (PAL) is mandatory to possess or acquire any firearm. An RPAL is required for restricted firearms. Possession without a valid licence is a criminal offence under s.91 or s.92 of the Criminal Code.
Can I still legally own a handgun in Canada?
If you legally owned a registered handgun before the national freeze (October 21, 2022), you can continue to possess and use it with a valid RPAL. However, you cannot transfer it to another individual (with very limited exceptions). Most Canadians can no longer purchase or import a handgun. The freeze was codified into the Firearms Act by Bill C-21, which received Royal Assent on December 15, 2023.
What happens if I store or transport a firearm improperly?
Improper storage or transportation is a criminal offence under the Firearms Act and the Criminal Code, even where the firearm was not used, and no one was endangered. It can result in charges, fines, imprisonment, a criminal record, and a firearm prohibition order, including loss of your licence.
What are the penalties for firearm trafficking in Canada?
Firearm trafficking and smuggling are straight indictable offences with mandatory minimum sentences. Following Bill C-21, the maximum penalty was increased to 14 years. A first offence carries a mandatory minimum of 3 years; subsequent offences or those connected to organized crime carry higher minimums. There are no discharges, suspended sentences, or conditional sentences available for these offences.
What are ghost guns, and are they illegal in Canada?
A ghost gun is an untraceable firearm manufactured without a serial number, often using a 3D printer. Bill C-21 (in force as of December 2023) created new specific criminal offences for possessing or distributing computer data for the purpose of manufacturing firearms or prohibited devices, and for altering magazines beyond their lawful capacity. These are criminal offences regardless of whether the firearm is ever completed or used.
What does the yellow flag law mean for my firearms licence?
The yellow flag law (in force March 7, 2025) allows a Chief Firearms Officer to temporarily suspend a licence for up to 30 days where there are reasonable grounds to suspect the holder is no longer eligible, for example, where they are suspected of illegally reselling firearms. During suspension, the holder may keep their firearms but cannot use, acquire, or import them. The red flag law (already in force) allows anyone to apply to the court for an emergency weapons prohibition order where someone poses a risk to themselves or others.
Can firearm charges be defended?
Yes. Defence strategies commonly focus on: the lawfulness of the police search under the Charter; disputes over the accused’s knowledge or control of the firearm; licensing and classification issues; amnesty provisions for prohibited firearms; and technical compliance questions. Many firearm cases turn on procedural and constitutional issues rather than the underlying facts.
When should I contact a firearms defence lawyer?
As early as possible, ideally before making any statement to the police. Early legal advice protects your right to remain silent, preserves evidence, and allows a lawyer to assess licensing status, classification, and Charter issues before they are foreclosed.
