When Can the Police take my Guns?

In Canada, firearms are federally regulated by both the Criminal Code and the Firearms Act. The Criminal Code outlines various criminal offences related to firearms including misuse, possession, transportation, storage, and sale of firearms and the respective punishments. The Firearms Act regulates the acquisition, transfer, possession, storage, transportation, and licensing of firearms in Canada. The Act also lays out restrictions and prohibitions related to firearms and classifies firearms as either prohibited, restricted or non-restricted.

Criminal offences related to firearms are considered very serious and are prosecuted harshly by Crown attorneys throughout the country. Those who are convicted of firearm offences are regularly sentenced to prison.

In addition to criminal offences related to firearms, the Criminal Code also outlines various modes for law enforcement to seize firearms from individuals. The Code allows police to seize firearms from individuals who have committed a criminal offence with the firearm. The Code also authorizes seizure from those who are not authorized or adequately licensed to possess a firearm, or where there are public safety concerns related to an individual’s gun ownership.

In Canada, due to strict gun regulations, law enforcement officials have the right to seize firearms from Canadian’s in a variety of situations. Law enforcement may seize an individual’s firearm if there are reasonable grounds to believe the firearm has been used in the commission of an offence, where the owner of the firearm is unable to produce authorization and where there are public safety concerns related to an individual possessing a firearm.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

Guns Seized in Criminal Activity
Improper Licensing and Firearm Seizure
Can the Police Seize my Firearms if I have Mental Health Issues?
How to get my Guns back from the Police?
-Criminal Activity
-Invalid Licensing
-Public Safety Concerns

Related to Criminal Activity

Section 117.02(1) of the Criminal Code states that where an officer believes, on reasonable grounds, that

(a) a weapon or imitation weapon, any ammunition including prohibited ammunition, a prohibited device, or any explosive substance was used in the commission of an offence or

(b) that an offence is being committed or has been committed under any provision of the Criminal Code that involves, or the subject matter of which is, a firearm or imitation firearm, restricted weapon, prohibited weapon, crossbow, prohibited device, ammunition including prohibited ammunition or explosive substance and evidence of the offence is likely to be found on the person, in a vehicle or in any place or premises other than a dwelling-house, the police may, search without a warrant and seize any thing in relation to which the officer believes, on reasonable grounds, the offence has been committed or is being committed, where the conditions for obtaining a warrant exist but it would not be practical to obtain a warrant due to exigent circumstances.

This essentially gives police officers the right to search and seize any contraband items they discover if they believe, on reasonable grounds, that an offence related to a firearm has been committed.

Improper Licensing

In addition to seizing a firearm that has been used in the commission of an offence, law enforcement officials may also seize an individual’s firearm if they are unable to produce proper licensing and authorization to possess the firearm.

Section 117.03(1) of the Criminal Code states that a police officer who finds

(a) an individual in possession of a restricted firearm, prohibited firearm or non-restricted firearm who is unable, on demand, to produce a valid license or authorization, or in the case of a prohibited or restricted firearm, a registration certification, or

(b) an individual in possession of a restricted firearm, prohibited firearm, or non-restricted firearm, prohibited device, or any prohibited ammunition who is unable to produce a valid license or authorization may seize the restricted firearm, prohibited firearm, or non-restricted firearm, prohibited device, or any prohibited ammunition.

Can the Police Seize my Firearms if I have Mental Health Issues?

Yes. Police officers may seize an individual’s firearms and/or ammunition for public safety reasons. Where law enforcement believes, on reasonable grounds, that an individual lawfully in possession of a firearm or ammunition poses a safety risk to the public, they may seize the firearms.

Specifically, section 117.04(2) of the Criminal Code states that where a police officer has reasonable grounds to believe that it is undesirable and not in the interests of public safety or the safety of the individual in possession of the firearm to continue to possess the firearm, the police officer may seize the firearm without a warrant where grounds for obtaining a warrant exist but due to safety concerns it would not be practical to get a warrant.

In these circumstances the police have the right to seize an individual’s firearms, ammunition, explosive substance, as well as their license, registration certificate, or authorization.

How to get my Guns back from the Police?

Whether or not an individual can retrieve their firearms or ammunition after it has been seized by law enforcement will depend on the reason for the seizure. As outlined above, police may seize an individual’s firearms and/or ammunition where there is reason to believe the firearm or ammunition is linked to criminal activity, where the individual is unable to produce valid licensing, authorization, or certificate, or where the owner of a firearm poses a public safety risk.

Where Seizure is Related to Criminal Activity

Where an individual has had their firearms, ammunition, or explosive device(s) seized by police and it is determined by the court that the items were used in the commission of a criminal offence or where the owner has been arrested on charges involving a firearm, ammunition, explosive device, cross bow, etc., the items seized shall be forfeited to Her Majesty. If the firearms were stolen, they may be returned to their lawful owner.

This means that when firearms are seized because they have been tied to criminal activity, the individual from whom they were seized cannot get them back. The items will either be destroyed or returned to their lawful owner.

WWhere Seizure is Related to Invalid Licensing

Where an individual has had their firearm, explosive device(s), or ammunition seized because they were unable to produce valid licensing, authorization, or a registration certificate, they may apply within 14 days to have their firearm returned if they are able to produce valid licensing, authorization, or a registration certificate. The licensing must be presented for inspection by the officer who seized the item or any other officer having custody of the item.

If the owner of the firearm, explosive device(s) or ammunition does not claim it by presenting valid licensing, authorization, or a registration certificate within the 14-day period, the police officer may take the item before the court. The court will, after providing the owner an opportunity to claim the item, order that the item be forfeited to Her Majesty to be disposed of.

WWhere Seizure is Related to Public Safety Concerns

Where an individual has their firearms, explosive device(s), or ammunition seized because of public safety concerns, a hearing will be held to determine whether or not the items will be returned to the individual from whom they were seized.

At the hearing, the justice will hear all relevant evidence regarding the public safety concerns related to the individual’s possession to firearms. If, at the end of the hearing, the justice is of the opinion that it is in the interests of public safety for the individual not to possess the items, the justice may order that the items be forfeited to Her Majesty and destroyed. The justice may also issue an order prohibiting the individual from possessing weapons of any kind for a maximum of five years.