Firearms and Weapons Offences

Question: What are the basic requirements for legally owning a firearm in Canada?

Answer: In Canada, legal firearm ownership requires the appropriate licensing, which includes a Firearms Licence and potentially additional authorizations depending on the firearm category, such as unrestricted, restricted, or prohibited. Ensuring compliance with these regulations is crucial to avoid severe legal consequences. For tailored legal advice and assistance, contact Lo Greco Law at (416) 488-4110.

Understanding Firearms Regulations

The legal landscape surrounding firearms in Canada's Criminal Code is intricate and stringent.  To lawfully own or possess a firearm, individuals must hold the appropriate license.  Firearms are categorized into three distinct types: unrestricted, restricted, and prohibited, each with its own set of regulations and potential penalties for non-compliance.

Unrestricted Firearms

Long-barreled firearms, such as hunting rifles and shotguns, typically fall under the unrestricted category.  However, even to possess an unrestricted firearm, one must first secure a Firearms Licence.  This process is designed to ensure that only responsible and qualified individuals have access to such weapons.

Restricted Firearms

Handguns and certain semi-automatic firearms are deemed restricted.  Owning these types of firearms requires not only a standard license but also additional authorizations and the registration of the specific firearm.  This added layer of scrutiny is a testament to the increased risk these weapons pose.

Prohibited Firearms

Fully automatic guns, sawed-off guns, and many other models detailed by Regulation are classified as prohibited.  Ownership of these is generally reserved for individuals in specific roles, such as law enforcement or military personnel.  Civilians are typically barred from possessing these types of weapons.

Consequences of Non-Compliance

The repercussions of violating the Criminal Code's firearms regulations are severe and far-reaching.  For instance, being found with a loaded, unregistered, or illegal handgun often leads to a prison sentence of three to four years for a first offense.  Moreover, many charges in the Criminal Code carry enhanced mandatory sentences when firearms are involved.  For example, a Robbery with Firearm conviction carries a mandatory four-year sentence, in addition to the punishment for the robbery itself.  Similar enhanced penalties apply to other substantive offenses involving firearms.