Purser Law Blog

What is a Weapons Prohibition?

When someone is found guilty of a criminal offence, a judge may impose an order prohibiting them from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. Depending on the circumstances, the decision to impose a weapons prohibition is either discretionary or mandatory.

What is the Difference between Mandatory Weapons Prohibition and Discretionary Weapons Prohibition?

 When a weapons prohibition is mandatory, a judge has no choice but to make the order. A weapon’s prohibition will be mandatory if the person was convicted or discharged of:

• An indictable criminal offence, involving violence, for which the person may be facing a prison sentence of more than 10 years;  
• An indictable offence where violence was used against (1) the accused’s intimate partner (2) a child or parent of the accused or their intimate partner; or (3) any person who resides with the accused or their intimate partner;
• The following offences under the Criminal Code:
  • 85(1) (Using firearm in commission of offence)
  • 85(2) (Using imitation firearm in commission of offence)
  • 95(1) (Possession of prohibited or restricted firearm with ammunition)
  • 99(1) (Weapons trafficking)
  • 100(1) (Possession for purpose of weapons trafficking)
  • 102(1) (Making automatic firearm)
  • 1(1) (Possession of computer data)
  • 1(2) (Distribution of computer data)
  • 103(1) (Importing or exporting knowing it is unauthorized)
  • 1(1) (Altering cartridge magazine)
  • section 264 (Criminal harassment);

• The following offences under the Controlled Drugs and Substances Act
  • 5(1) (Trafficking in substance)
  • 5(2) (Possession for the purpose of trafficking)
  • 6(1) (Importing and exporting)
  • 6(2) (possession for the purpose of exporting)
  • 7(1) (production of substance);
• The following offences under the Cannabis Act:
  • 9(1) Distribution
  • 9(2) Possession for purpose of distributing
  • 10(1) Selling
  • 10(2) Possession for the purpose of selling
  • 11(1) Importing and exporting
  • 11(2) Possession for purpose of exporting
  • 12(1) Production
  • 12 (4) (Cultivation, propagation and harvesting — 18 years of age or older)
  • 12(5) (Cultivation, propagation and harvesting — dwelling-house limit)
  • 12(6) (Cultivation, propagation and harvesting — 18 years of age or older — without authorization)
  • 12(7) (Cultivation, propagation and harvesting — young persons and organizations)
  • 13(1) (Possession, etc., for use in production or distribution of illicit cannabis)
  • 14(1) (Use of young person); or
• An offence that involved a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance, when the accused was already prohibited from possessing one of these items.

For a first offence, a mandatory weapons prohibition will apply to any firearm, other than a prohibited firearm or restricted firearm, or any crossbow, restricted weapon, ammunition or explosive substance, for 10 years. Essentially, this means that the individual will be prohibited from possessing long guns typically used for hunting for a period of ten years. For a subsequent offence, the prohibition will be imposed for life.

Regardless of whether it is a first or subsequent offence, the individual will be prohibited from possessing a prohibited firearm, restricted firearm, prohibited weapon, prohibited device or prohibited ammunition for life. This means that the individual will be prohibited from possessing handguns and related weapons for life.

In contrast, where a weapons prohibition is not mandatory, it is discretionary, and the judge can choose whether to make the order in the following circumstances:

• the offence involved violence against another person; or
• the offence involved a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance.

In these circumstances, the judge may impose a weapon’s prohibition if it’s in the interest of safety to the public or an individual person. However, since the prohibition is discretionary, the court does not have to impose it.

In most cases, a discretionary weapons prohibition can only last for 10 years. However, an order can be imposed for longer if violence was used against 1) the accused’s intimate partner (2) a child or parent of the accused or their intimate partner; or (3) any person who resides with the accused or their intimate partner.

Are There Exceptions to a Weapon’s Prohibition?

An accused person may be exempted from a weapons prohibition in two scenarios:

• Where they need a firearm or restricted weapon to hunt or trap in order to sustain themselves or their family; or
• Where a prohibition order would constitute a virtual prohibition against employment in the only vocation open to the accused.

In deciding whether to exempt the accused, the judge must consider the following factors:

• the criminal record, if any, of the accused;
• the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and
• the safety of the accused and of other persons.

To qualify for an exemption for sustenance purposes, accused persons don’t need to show they are completely dependent on hunting and trapping. Even if the accused person participates in the wage economy or relies in part on non-traditional food sources, they may still have the prohibition lifted if they rely on a firearm or restricted weapon for occasional sustenance activities. In the case of indigenous accused persons, courts have recognized that hunting and trapping are often integral to their cultural identities and involvement in the community. As such, they have interpreted the section non-restrictively.

Call Purser Law Now to Talk to an Experienced Criminal Lawyer in Edmonton About a Weapons Prohibition

If you think you may be facing a weapons prohibition, it is important to speak to an experienced criminal lawyer. A weapons prohibition can have a significant impact on you and may stay in place for your whole life. It is important to understand that exemptions can be sought, specifically for hunting and employment purposes. Call Purser Law now at (780) 851-7435 to speak to an Edmonton criminal lawyer about a weapons prohibition

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