Gun Laws in Canada: Know The Law, Know Your Rights

Overview of Gun Laws in Canada

Gun laws in Canada are complex and cover a wide range of offences. In Canada, gun laws are controlled by both Part III of the Criminal Code and the Firearms Act. Both the Criminal Code and the Firearms Act should be read in conjunction with one another as both acts provide valuable information on gun laws and are an extension of each other in terms of the information provided.

The Criminal Code plays a key role in criminalizing certain offences related to firearms along with defining the main categories firearms, which are:

• Restricted;
• Prohibited; and
• Non-restricted firearms

The Firearms Act

Whereas the Criminal Code criminalizes certain firearm offences and defines the main categories of firearms, The Firearm Act serves to regulate the issuance of licensing and registering firearms. The Firearm Act applies to any individual who possesses, uses or acquires guns and is administered by the Canadian Firearms Program (“CFP”), which is overlooked by the Royal Canadian Mounted Police (“RCMP”).

The Firearms Act includes regulations and laws on the following:

• Authorized possession;
• Authorized transportation of firearms;
• Authorized transfers and lending;
• Authorized exportation and importation;
• License, registration certificates and authorizations;
• Commissioner of firearms
• Canadian firearms registration system; and so on.

Brief History of Gun Laws in Canada

Bill C-71

Bill C-71 came into effect on June 21, 2019. Bill C-71 mandated the following:

• Possession and Acquisition license (“PAL”) holders have required RCMP permission to buy, sell, or give away non-restricted firearms;
• All stores that sold guns were required to record the details of gun purchases, including personal information of the individual buying the gun, for at least 20 years; and
• Individuals could not hold firearm licenses if they had a history of:
  • Violent offences;
  • Criminal harassment charges;
  • Drug trafficking charges; or
  • Any mental illness associated with violence

May 1, 2020 – The Aftermath of the Nova Scotia Mass Killing

In April of 2020 there were multiple shootings and fires set at 16 locations in Nova Scotia. This incident killed 23 people and injured 3. Following this mass shooting, on May 1, 2020, Prime Minister Justin Trudeau announced an immediate ban on “military-grade assault-style” weapons such as the ones that were used in the attacks.

Some of these weapons included the following:

• 223- calibre Colt LE6940, semi-automatic;
• Ruger Mini- 14, semi-automatic rifle;
• .40-caliber Glock 23, Gen3 pistol;
• 9mm Ruger p89, pistol;
• 9mm smith & Wesson 5946, pistol;

The immediate ban introduced by the federal government made it illegal to buy, sell, import, transport, or even use around 1500 different assault-style weapons. This would include limiting magazine capacity and ban toys that look like guns. The government allowed those individuals who already owned a weapon that was banned under this law to comply with this law until October 30, 2023. For those businesses that were impacted by the law, the government also implemented a mandatory buyback program.

Bill C-21

As of May 2022, Prime Minister, Justin Trudeau, announced new legislation which is aimed to further strengthen control in Canada. Bill C-21 has been categorized as having put forward some of the strongest gun control measures in the last few decades.

Bill C-21 includes some of the following measures:

• Implementing a national freeze on handguns to restrict buying, selling, and transferring of handguns within the country and restricting handguns coming in.
• Revoking handgun license access to those involved in acts of domestic violence or criminal harassment;
• increasing criminal penalties and strengthening border security measures;
• Addressing intimate partner violence, gender-based violence, and self-harm involving firearms by creating a new “red flag” law that would enable courts to require that individuals considered a danger to themselves, or others surrender their firearms to law enforcement;
• long-gun magazines to be permanently altered to not hold more than five rounds and banning the sale and transfer of large capacity magazines under the Criminal Code.

Obtaining a Firearm License

It is important to note that in order to possess a firearm license you must still pass the Canada Firearms Safety Course (“CFSC”) and have a Possession and Acquisition License (PAL) to legally possess them. For non-restricted firearms, the CFSC is a one-day course available to anyone. Minors, between the ages of 2-17, also have the ability to apply for a minor license which would include passing the CFSC, filling out the application form and consent letter, and partaking in an interview if required. However, the minor’s license is only valid for non-restricted rifles and shotguns but can use a handgun under the direct and immediate supervision of individual licenses to have a handgun.

Relevant gun and weapons offences in Canada

Under s.2 of the Criminal Code a firearm is considered to be:

• a barrelled weapon;
• from which any shot, bullet, or another projectile can be discharged;
• that is capable of causing serious bodily injury or death to a person; and
• includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.

However, the following, unless used in a criminal or negligent matter, are generally not considered firearms:

• antique firearms;
• devices designed for:
  • signalling;
  • notifying distress;
  • firing blank cartridges;
  • firing stud cartridges;
  • explosive-driven rivets;
  • industrial projectiles
• shooting devices that exclusively:
  • slaughter domestic animals;
  • tranquillizes animals; or
  • discharges projectiles with lines attached to them.
• Air guns and other barreled weapons that:
  • Have a muzzle velocity of 152.4 m/sec; or
  • Have a muzzle energy of 5.7 joules or less.

In Canada, firearms are categorized into the following three legal categories: 

• Prohibited Firearms
• Restricted Firearms
• Non-Restricted Firearms

Prohibited Firearms

Prohibited firearms generally refer to small guns that can easily be concealed. The following would be included in the category of prohibited firearms:

• Handguns with:
  • barrels equal to or less than 105 mm in length
  • designed or adapted to discharge a 25 or 32-calibre cartridge
• Firearms adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration and that, as so adapted are:
  • less than 660 mm in length
  • 660 mm or greater in length and has a barrel less than 457 mm in length
• Automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger
• Any firearms prescribed to be prohibited firearms in the Regulations

However, there may still be a way for you to legally possess a prohibited firearm in Canada. If the prohibited firearm was grandfathered to you, under s.12 of the Firearms Act you can be entitled to legally possess a prohibited firearm.

This may only be possible if the following criteria apply to you:  

• The handgun was made before 1946;
• The handgun is currently registered under s.12(6.1) of the Firearms Act; and
• You are the child, grandchild, brother, sister, or spouse/common-law partner of the lawful owner.

Restricted Firearms

A restricted Firearm is any handgun that is not prohibited. The following would be  included in the class or restricted firearms:

• Firearms that Aare not prohibited firearms;
• Have a barrel less than 470mm in length; and
• Are capable of discharging centre-fire ammunition in a semi-automatic manner;
• A firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise; and
• Any other firearm prescribed to be a restricted firearm in the Regulations.

However, it is important to note that in certain situations you may be licensed to acquire or possess a restricted firearm.

These purposes would include the following:  

• Target practice or target shooting competitions;
• As part of a collection; or
• In limited circumstances, use in connection with one’s lawful profession or occupation, or to protect life.

If any of the above-aforementioned purposes apply to you, it is important to note that in order to possess and use a restricted firearm you need to partake in an approved Firearms Safety Course.

Non-restricted Firearms

The Criminal Code contains no definition for non-restricted firearms. As such, those firearms that do not meet the definition of restricted or prohibited firearms will be considered non-restricted firearms.

Some examples of non-restricted firearms may include:

• hunting rifles;
• shotguns; and
• long guns.

Part III of the Criminal Code deals with offences relating to guns.

Under the Criminal Code the following sections are relevant to gun and weapons offences.

Types of Weapons Offences

Use Offences

• Using Firearm in the commission of offence – s.85
• Careless use of firearm – s.86
• Pointing a firearm – s.87

Possession Offences

• Possession of a weapon for dangerous purpose – s.88
• Carrying weapon while attending public meeting – s.89
• Carrying concealed weapon – s.90
• Unauthorized possession of firearm – s.91
• Possession of firearm knowing its possession is unauthorized – s.92
• Possession at unauthorized place – s.93
• Unauthorized possession in motor vehicle – s.94
• Possession of prohibited or restricted firearm with ammunition – s.95
• Possession of weapon obtained by commission of offence – s.96
• Breaking and entering to steal a firearm – s.98

Trafficking Offences

• Weapons trafficking – s.99
• Possession for purpose of weapons trafficking – s.100
• Transfer without authority – s.101

Assembling Offences

• Making automatic firearm – s.102

Import/Export Offences

• Importing and exporting – s.103
• Unauthorized importing or exporting – s.104

Use Offences

Using Firearm in the commission of offence – s.85

Under s.85 of the Criminal Code:

Under s.85 of the Criminal Code the Crown can only proceed by indictment as these offences are straight indictable offences.

If you have been convicted of an offence under s.85 of the Criminal Code, you will be liable to the following penalties:

• First offence: a minimum jail sentence of 1 year and up to 14 years in jail
• Second or subsequent offence: a minimum jail sentence of three years in jail and up to 14 years in jail.

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter

Careless use of firearm – s.86

Under s.86 of the Criminal Code:

Careless use of firearm offences are hybrid offences. This means that the Crown, depending on the particular circumstances of your case, can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.86 of the Criminal Code, you will be liable to the following penalties:

• Indictment:
  • First offence: up to two years in jail
  • Second and subsequent offence: up to five years in jail.
• Summary: up to two years less a day and/or a $5000 fine

However, some defences that may be applicable are:

• Identity;
• Showcasing that you took reasonable precautions; and
• Any applicable Charter

Pointing a firearm – s.87

Under s.87 of the Criminal Code:

Pointing a firearm offence is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.87 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to 2 years less a day in jail and/or a $5,000.00 fine.
• Indictment: up to 10 years in jail.

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter

Possession Offences

Possession of a weapon for dangerous purpose – s.88

Under s. 88 of the Criminal Code:

Possession of a weapon for a dangerous purpose is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.88 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to two years less a day in jail and/or a $5,000.00 fine
• Indictment: up to ten years in jail.

However, some defences that may be applicable

• Lack of possession;
• Lack of intent;
• Self-defence; or
• Any applicable charter defences.

Carrying weapon while attending public meeting – s.89

Under s.89 of the Criminal Code:

Carrying a weapon while attending a public meeting offence is a summary offence. If you have been convicted of an offence under s.89 of the Criminal Code, you will be liable to the following penalties:

• Up to two years less a day and/or a $5,000.00 fine

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing that the weapon is not a prohibited device or prohibited ammunition; and
• Any applicable Charter

Carrying concealed weapon – s.90

Under s.90 of the Criminal Code:

Carrying a concealed weapon is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.90 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to 2 years less a day in jail and/or a $5,000.00 fine.
• Indictment: up to five years in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing that you didn’t know that the weapon was a prohibited device or ammunition;
• Showcasing the item was not concealed;
• Showcasing that the weapon is not a prohibited device or prohibited ammunition; and
• Any applicable Charter

Unauthorized possession of firearm – s.91

Under s.91 of the Criminal Code:

Unauthorized possession of firearm is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.91 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to 12 months in jail
• Indictment: up to five years in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing that the weapon is not a firearm; and
• Any applicable Charter

Possession of firearm knowing its possession is unauthorized – s.92

Under s.92 of the Criminal Code every person commits an offence who:

Under s.92 of the Criminal Code the Crown can only proceed by indictment as these offences are straight indictable offences.

If you have been convicted of an offence under s.92 of the Criminal Code, you will be liable to the following penalties:

• First offence: up to 10 years in jail
• Second offence: a minimum jail sentence of one year and up to 10 years in jail.
• Third or subsequent offence: a minimum jail sentence of two years less a day and up to 10 years in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing that you hold a licence under which a person may possess the object;
• Showcasing you were not willfully blind; and
• Any applicable Charter defences

Possession at unauthorized place – s.93

Under s.93 of the Criminal Code every person commits an offence:

Possession of an unauthorized place is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.91 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to two years less one day and/or a $5,000.00 fine.
• Indictment: up to five years in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession; and
• Any applicable Charter defence

Unauthorized possession in motor vehicle- s.94

Under s.94 of the Criminal Code every person commits and offence who:

Unauthorized possession in a motor vehicle offence is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.94 of the Criminal Code, you will be liable to the following penalties:

• Summary: up two years less one day and/or a $5,000.00 fine.
• Indictment: up to 10 years in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing a lack of knowledge; and
• Any applicable Charter

Possession of prohibited or restricted firearm with ammunition – s.95

Under s.95 of the Criminal Code every person commits an offence who:

Possession of a prohibited or restricted firearm with ammunition offence is a hybrid offence. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily.

If you have been convicted of an offence under s.95 of the Criminal Code, you will be liable to the following penalties:

• Summary: up two 12 months in jail
• Indictment: up to 10 years in jail.

Possession of weapon obtained by commission of offence – s.96

Under s.96 of the Criminal Code every person commits an offence who:

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Showcasing that lawfully disposed of the weapon within a reasonable period; and
• Any applicable Charter

Breaking and entering to steal a firearm – s.98

Under s.98 of the Criminal Code:

Offences under s.98 are straight indictable offences in which the Crown cannot elect to proceed summarily. If convicted of breaking and entering to steal a firearm you can receive up to life in jail.

However, some defences that may be applicable are:

• Identity;
• Lack of possession; and
• Any applicable Charter defences

Trafficking Offences

Weapons trafficking – s.99

Under s.99 of the Criminal Code:

Offences under s.99 of the Criminal Code are straight indictable offences. If convicted of an offence under s.99 of the Criminal Code you may receive up to 10 years in jail and a minimum of:

• 3 years in jail for a first offence; or
• 5 years in jail for a second or subsequent offence.

However, some defences that may be applicable are:

• Identity;
• Lack of intent; and
• Any applicable Charter

Possession for purpose of weapons trafficking – s.100

Under s.100 of the Criminal Code:

Offences under s.100 of the Criminal Code are straight indictable offences. If convicted of an offence under s.100 of the Criminal Code you may receive up to 10 years in jail and a minimum of:

• 3 years in jail for a first offence; or
• 5 years in jail for second or subsequent offences.

However, some defences that may be applicable are:

• Identity;
• Lack of possession;
• Lack of purpose to transfer; and
• Any applicable Charter

Assembling Offence

Transfer without authority – s.101

Under s.101 of the Criminal Code:

Offences under s.101 of the Criminal Code are hybrid offences in which the Crown can elect to proceed by indictment or summarily depending on your circumstances.

If you have been convicted of an offence under s.101 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to 1 year in jail.
• Indictment: up to five years in jail.

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter defences

Import/Export Offences

Making automatic firearm – s.102

Under s.102 of the Criminal Code:

Offences under s.101 of the Criminal Code are hybrid offences in which the Crown can elect to proceed by indictment or summarily depending on your circumstances.

If you have been convicted of an offence under s.101 of the Criminal Code, you will be liable to the following penalties:

• Summary: up to 1 year in jail.
• Indictment: up to 10 years in jail and a minimum of 1 year in jail

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter

Importing and exporting – s.103

Under s.103 of the Criminal Code:

Offences under s.103 of the Criminal Code are straight indictable offences.

If convicted of an offence under s.103 of the Criminal Code you may receive up to 10 year in jail and a minimum of:

• 3 years in jail for a first offence; or
• 5 years in jail for a second or subsequent offences

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter defence

Unauthorized importing or exporting – s.104

Under s.104 of the Criminal Code:

Offences under s.104 are hybrid offences where the Crown may elect to proceed by indictment or summarily. If you have been convicted of an offence under s.104 of the Criminal Code, you could receive up to five years in jail.

However, some defences that may be applicable are:

• Identity; and
• Any applicable Charter defences

Other Firearm Offences

Other firearm offences may include the following:

• Offences related to Lost, Destroyed or Defaced Weapons – s.105
• Destroying – s.106
• False Statements – s.107
• Tampering with serial number  – s.108
• Possession Contrary to Order – s.117.01

Frequently Asked Questions

Is owning a firearm legal in Canada?

Yes, it is legal to own a firearm in Canada. However, it is important to note that if you own a firearm it must be registered and you must have a valid license to do so.

What guns are still legal in Canada?

There are three legal classes of firearms in Canada:

• Non-restricted firearms;
• Restricted firearms; and
• Prohibited firearms

Are AK-47s allowed in Canada?

No, AK-47s are not allowed in Canada because the AK-47 falls under a prohibited weapon as per s.84 of the Criminal Code.

Can you carry a gun while hiking in Canada?

Yes, you can carry a gun if you are carrying it for wilderness protection or if you:

• Have a license to possess restricted firearms;
• Have a license to be a professional trapper; or
• Need protection from wild animals because of your job

Can you shoot guns on private property in Canada?

Yes, you can shoot guns on private property in Canada as generally there is no blanket restriction on using guns on private property. However, it is important to note that s.15 of the Firearms Act indicates that: “An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.” As such, it is always important o keep in mind any additional provincial and municipal bylaws that do restrict shooting on private property.

Can I own an antique gun in Canada?

Yes, you can own an antique gun in Canada. If the gun meets the definition of an antique, you do not need a firearms licence to have the gun, nor does it need to be registered.

Do firearms need to be registered in Canada?

Yes, firearms need to be registered in Canada. In order to have firearms legally you need to ensure that any restricted or prohibited firearms are registered. Additionally, any restricted or prohibited firearms that were registered before the enactment of the Firearms Act need to be re-registered. However, non-restricted firearms do not need to be registered. It is however important to note that for non-restricted firearms the seller needs to obtain information on the validity of the buyer’s firearm licence prior to the transfer of the non-restricted firearm,

Can I use a gun for self-defence in Canada?

The use of weapons for defence of self or property is a much-debated topic.

Regardless, a weapon may only be used in defending yourself from a threat, or a force of threat, that you reasonably believed will be used against you. This means that if you are in a situation where you reasonably believe there is a force, or a threat of force, that will be used against you, and you use a weapon to defend yourself from that force it may be acceptable. However, buying weapons for the purpose of using them in situations where you do not have a defensive purpose is not legal.

Specifically, in relation to firearms, the use firearms are generally prohibited for defence of self or property. With that being said, if you face firearms charges from an incident involving self-defence the success of this defence rests on showcasing to the court that your actions were reasonable given all the circumstances surrounding the event.

To learn more visit our article on self-defence laws in Canada.