Can the court stop me from having a gun or weapon?
Question & AnswerCan the court stop me from having a gun or weapon?
1. Understand mandatory weapons prohibition orders
For some types of conviction, a must be part of the . Section 109 of the Criminal Code says which violent crimes must have a weapons order when a person is . These are called mandatory weapons prohibition orders.
You’ll be given a mandatory weapons prohibition if you’ve been convicted of:
- an involving threats or actual violence against a person that could result in you having to go to prison for 10 years or more
- a that involved firearms or weapons
- an involving producing or selling illegal drugs
- an indictable offence involving threats or actual violence against your current or former intimate partner, their child or parent, or any other person who lives with them
Your intimate partner may be a spouse, common-law partner, or someone you’re dating.
What the order means
When you’re given a mandatory weapons prohibition order, you’re not allowed to have any of the following for up to 10 years:
- restricted weapons
- explosive substances
Also, for the rest of your life, you’re not allowed to have any:
- prohibited firearm
- restricted firearm
- prohibited weapon
- prohibited device
- prohibited ammunition
Prohibited and restricted weapons are listed in the Criminal Code. Examples include tear gas, mace, brass knuckles, and switchblades.
If you have a weapons prohibition order and you’re caught with a weapon, you can be charged with the criminal offence of possession contrary to an order.