Toronto Criminal Lawyer

A weapons prohibition order is a court order that prohibits a person from possessing firearms, ammunition, explosives, and other regulated weapons for a specified period. These orders are a common feature of criminal sentencing in Ontario, and in some cases they are mandatory. For individuals who hunt, engage in sport shooting, or work in industries where firearms are part of daily life — such as farming, guiding, or security — a weapons prohibition can have far-reaching practical consequences beyond the criminal sentence itself.

Understanding when weapons prohibition orders are imposed, how long they last, and what they cover is important for anyone facing criminal charges in Ontario, particularly charges involving violence, threats, or weapons.

Mandatory Weapons Prohibition Orders

Section 109 of the Criminal Code sets out the circumstances in which a weapons prohibition order is mandatory. When a person is convicted or discharged of certain offences, the court must impose a prohibition order — there is no judicial discretion to decline.

A mandatory prohibition order under section 109 applies upon conviction or discharge for:

• An indictable offence in the commission of which violence against a person was used, threatened, or attempted
• An indictable offence involving a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance
• Specific offences listed in section 109, including trafficking in firearms, certain drug offences, and criminal harassment where a firearm was used or its use was threatened
• An offence relating to contravention of a previous weapons prohibition order (section 117.01)

For a first offence, the mandatory prohibition period is 10 years from the date of release from imprisonment, or 10 years from the date of conviction or discharge if no prison sentence is imposed. For a second or subsequent offence in the above categories, the prohibition is for life.

The scope of a mandatory prohibition order under section 109 is broad. It prohibits the person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, and explosive substance. This includes all categories of firearms — non-restricted, restricted, and prohibited.

Discretionary Weapons Prohibition Orders

Section 110 of the Criminal Code gives the court discretion to impose a weapons prohibition order in cases where a mandatory order under section 109 does not apply. Specifically, section 110 applies when a person is convicted or discharged of an offence committed with or in relation to a weapon, but the offence does not fall within the mandatory categories.

Under section 110, the prohibition period cannot exceed 10 years for a first offence. For a second or subsequent offence, the court may impose a lifetime prohibition. The scope of the order may also be narrower than under section 109 — the court can limit the prohibition to specific types of weapons rather than imposing a blanket prohibition on all firearms and weapons.

Courts exercise their discretion under section 110 by considering the circumstances of the offence, the offender's background and character, and any submissions from the Crown and defence. In some cases, defence counsel may argue that a prohibition is not warranted or should be limited in scope — for example, where a hunting rifle was not involved in the offence but the offender relies on hunting for sustenance or livelihood.

Stand-Alone Prohibition Orders Under Section 111

Section 111 of the Criminal Code allows a peace officer, firearms officer, or chief firearms officer to apply to a provincial court judge for a weapons prohibition order against a person even where no criminal charge has been laid. This provision is designed to address situations where a person's possession of weapons poses a safety risk, even in the absence of a criminal conviction.

To obtain an order under section 111, the applicant must establish on a balance of probabilities that it is "desirable, in the interests of the safety of the person against whom the order is sought or of any other person, that the person against whom the order is sought should not possess" the specified weapons. The order can last up to five years and can be renewed.

Section 111 applications are commonly brought in domestic situations where concerns have been raised about a partner's access to firearms, or where police have responded to incidents that do not result in criminal charges but nevertheless raise safety concerns. These proceedings are civil in nature and carry a lower burden of proof than criminal proceedings.

Practical Impact of a Weapons Prohibition

The practical consequences of a weapons prohibition order extend beyond the legal restriction itself. Individuals subject to these orders must:

• Surrender all firearms and weapons — Upon the imposition of the order, the person must surrender all firearms, ammunition, and other prohibited items to the police or a designated person. Failure to do so is a criminal offence.
• Revocation of firearms licences — Any Possession and Acquisition Licence (PAL) held by the individual will be revoked. The person cannot apply for a new licence during the prohibition period.
• Employment restrictions — Individuals who work in security, law enforcement, the military, or other fields requiring access to firearms may be unable to continue in their positions. Hunters, outfitters, and guides may lose their livelihood.
• Recreational impact — Sport shooters, hunters, and collectors lose the ability to participate in these activities for the duration of the prohibition.
• Aboriginal and treaty rights — For Indigenous persons who rely on hunting for food, a weapons prohibition raises significant issues related to section 35 of the Constitution Act, 1982 and treaty rights. Courts must consider these rights when imposing and crafting prohibition orders. In some cases, a "constitutional exemption" or a limited order that preserves the right to hunt has been sought.

Breaching a Weapons Prohibition Order

Possession of a firearm or other prohibited weapon while subject to a prohibition order is a serious criminal offence under section 117.01 of the Criminal Code. The offence is a hybrid offence, and when prosecuted by indictment, it carries a maximum penalty of 10 years imprisonment. For certain prohibited or restricted firearms, there is a mandatory minimum sentence of three years for a first offence and five years for a second or subsequent offence.

Courts treat breaches of weapons prohibition orders with particular severity. A breach demonstrates contempt for a court order and raises immediate safety concerns. A conviction for breach also triggers a mandatory lifetime prohibition under section 109, ensuring the person can never legally possess firearms or weapons again.

If you are subject to a weapons prohibition order, strict compliance is essential. Even temporary or incidental possession — such as handling a family member's hunting rifle or being found in a location where firearms are stored — can result in charges. For more on the consequences of breaching court orders, see our page on probation and bail breaches.

Challenging or Varying a Weapons Prohibition

In limited circumstances, it may be possible to challenge or seek variation of a weapons prohibition order. Under section 113 of the Criminal Code, a person subject to a prohibition order can apply to a competent authority (typically a provincial court judge) for an order permitting them to possess a firearm or other restricted weapon for sustenance or employment purposes, if the person can establish that they need the weapon for that purpose and that possession would not be contrary to the public interest.

This provision is most commonly used by Indigenous persons who hunt for food, or by individuals whose employment requires them to carry firearms. Applications under section 113 require the applicant to demonstrate genuine need and to satisfy the court that public safety will not be compromised. These applications are not routine and should be prepared with the assistance of experienced counsel familiar with weapons-related law in Ontario.

Weapons prohibition orders are a significant component of criminal sentencing and carry real consequences for the people subject to them. If you are facing charges that may result in a prohibition order, or if you are currently subject to one and have questions about compliance or variation, seeking legal advice is important. For more on how the sentencing process works, review our detailed guide. To discuss your specific situation, contact our office for a confidential consultation.