Firearms licensing issues can have significant consequences for your legal rights, personal property, livelihood, and ability to participate in activities such as hunting, sport shooting, and collecting. Whether you are applying for a Possession and Acquisition Licence (PAL), challenging a licence refusal, responding to a revocation notice, or seeking the return of seized firearms, understanding the applicable legal process is essential.

In Ontario, firearms licensing is governed primarily by the Firearms Act and related provisions of the Criminal Code of Canada. Decisions involving firearms licences and authorizations are administered by the relevant firearms authorities, including the Chief Firearms Officer (CFO) of Ontario.

At Lex Magnus Law, we understand that firearms-related legal matters can affect more than your ability to possess a firearm. They can also affect your property, employment, recreational activities, and personal circumstances. Our approach focuses on understanding the decision or allegation, assessing the available legal remedies, and helping clients navigate the relevant administrative and court processes.

Our firearms law services may include assistance with the following matters, subject to the firm’s practice scope:

• Possession and Acquisition Licence (PAL) application refusals and delays.

• Firearms licence suspensions and revocations.

• Section 74 references challenging certain licensing decisions.

• Firearms seizures, forfeiture proceedings, and applications for the return of property.

• Firearms prohibition applications and existing prohibition orders.

• Firearms-related issues arising from criminal charges or court-imposed conditions.

• Legal questions involving firearms storage, transportation, and regulatory compliance.

• Firearms-related sentencing issues and applications for available exemptions.

Licence Refusals

A PAL application may be refused where the applicable legal requirements are not satisfied or the firearms authority determines that issuing the licence would not be desirable in the interests of the safety of the applicant or another person.

Factors considered in an individual case may include:

• Relevant criminal convictions or a history of violence.

• Information concerning domestic conflict, threats, or other safety concerns.

• Information obtained from references or other sources during the licensing process.

• Relevant mental-health or public-safety information.

• Inconsistencies, omissions, or other issues with the application.

The significance of any particular factor depends on the evidence and the applicable statutory criteria. A refusal should be assessed on its own facts rather than assumed to be inevitable because of one allegation or circumstance.

Delayed Applications

Delays in processing a firearms licence application can create uncertainty, particularly when the applicant has been asked to provide additional information or address a specific concern.

Where appropriate, legal assistance may involve reviewing the status of the application, responding to outstanding concerns, communicating with the relevant authority, and assessing whether any further procedural steps are available.

A firearms licence may be revoked when the applicable legal requirements for revocation are met. The circumstances may involve new criminal allegations, public-safety concerns, court-imposed restrictions, or other information relevant to continued eligibility.

Issues that may arise include:

• Criminal charges involving alleged violence, threats, harassment, or weapons.

• Complaints or reports concerning potentially unsafe conduct.

• Concerns raised during an investigation by the relevant firearms authority.

• Court orders or release conditions restricting possession of firearms.

• Expiry or non-renewal of a licence.

The legal consequences of these circumstances differ. For example, a licence revocation is not the same as a licence expiring, and the applicable procedures depend on the decision and its legal basis.

A revocation can affect your ability to lawfully possess firearms and may require you to take prompt steps concerning firearms and related documents.

The notice and applicable legislation should be reviewed carefully to determine:

• The reasons given for the decision.

• Any deadline for delivering or otherwise dealing with firearms.

• Whether a statutory reference or another legal remedy is available.

• What arrangements may lawfully be made for the firearms while the matter is pending.

• Whether a lawful sale or transfer may be possible if the decision remains in effect.

Under section 74 of the Firearms Act, a reference challenging a qualifying refusal or revocation generally must be brought within 30 days after notice of the decision, although a judge may allow additional time. Filing a reference does not automatically remove other obligations associated with the decision.

Lex Magnus Law can assess the decision, explain the applicable procedures, and help you consider the available options. Depending on the circumstances, these may include:

• Challenging the decision through an available court process.

• Preparing evidence addressing the safety concerns raised.

• Assessing lawful arrangements for the storage, transfer, or disposal of firearms.

• Coordinating the firearms matter with any related criminal proceedings.

If you receive a revocation notice, obtain legal advice promptly and follow the applicable legal requirements. Do not assume that a challenge automatically permits continued possession.

Police may seize firearms and related documents in circumstances authorized by law, including where statutory safety concerns justify a warrant or a warrantless seizure.

These matters can arise following a domestic incident, a safety-related investigation, a complaint, or other circumstances that raise concerns about possession. A seizure does not necessarily mean that the person has been charged with a criminal offence.

Section 117.04 of the Criminal Code addresses certain firearm and weapon seizures based on safety concerns. Section 117.05 establishes a process for seeking a court order concerning seized items. The applicable procedure, deadlines, and available remedies depend on the circumstances of the seizure.

Depending on the circumstances, relevant legal issues may include:

• Whether the seizure was authorized by law.

• Whether the statutory requirements for continued retention or forfeiture have been satisfied.

• Whether the evidence supporting the safety concerns is reliable and complete.

• Whether the firearms belong to someone other than the person under investigation.

• Whether relevant information about storage, ownership, or the circumstances of the incident has been considered.

Lex Magnus Law can review the available documentation, assess the applicable legal process, and help prepare a response where a challenge is legally available.

The objective is to determine whether the firearms can lawfully be returned or whether another resolution is available. The outcome depends on the evidence and the governing legislation.

A firearms prohibition order may be sought in certain circumstances even where the affected person has not been convicted of a criminal offence.

Section 111 of the Criminal Code provides for certain applications seeking a prohibition order based on safety concerns. Other provisions may apply in different circumstances, including emergency prohibition procedures. The applicable legal requirements and potential duration of an order depend on the provision invoked.

If an application is brought against you, it is important to understand the allegations, the evidence relied upon, and the legal test the court must apply.

Depending on the circumstances, a response may involve:

• Reviewing the applicant’s evidence and the basis for the requested order.

• Identifying inconsistencies or gaps in the supporting material.

• Providing relevant context concerning the incident.

• Presenting appropriate evidence relating to safety and the proposed circumstances of possession.

• Addressing the requested duration and scope of the prohibition.

Lex Magnus Law can assess the applicable procedure and help you understand how to respond to the application.

A criminal court may impose a firearms prohibition order in circumstances specified by the Criminal Code. The applicable provisions include sections 109 and 110.

Mandatory Prohibition Orders — Section 109

For certain specified convictions or discharges, the legislation requires a firearms prohibition order. The applicable restrictions and duration depend on the offence, the statutory provision, and other relevant circumstances.

Discretionary Prohibition Orders — Section 110

In certain cases, a court must consider whether a prohibition order is appropriate in the interests of safety. Whether an order is imposed and its scope depend on the applicable law and the circumstances of the offence.

Legal Representation Concerning Prohibition Orders

Where permitted by law, relevant issues may include the scope and duration of an order, the circumstances of the offence, and the available evidence concerning safety and rehabilitation.

Lex Magnus Law can assess the potential firearms consequences of criminal proceedings and help you understand the legal arguments that may be available at sentencing.

In limited circumstances, the Criminal Code provides a process for seeking authorization to possess firearms for specific sustenance or employment purposes despite a prohibition order.

Section 113 addresses certain applications involving the need to hunt or trap to sustain oneself or one’s family, or circumstances in which a prohibition would effectively prevent employment in the only vocation open to the applicant. Eligibility is subject to the applicable statutory requirements and consideration of relevant factors.

These applications may be particularly important where access to firearms is connected to a person’s livelihood or sustenance activities. The availability of an exemption depends on the applicable law and the individual’s circumstances.

Section 74 References to Court

Section 74 of the Firearms Act provides a mechanism for challenging certain decisions, including qualifying refusals or revocations involving firearms licences, registration certificates, and specified authorizations.

Depending on the decision, a section 74 reference may involve:

1. Reviewing the decision: Examining the notice, reasons, and applicable statutory requirements.

2. Meeting the deadline: A reference generally must be brought within 30 days of receiving notice, unless additional time is allowed by a judge.

3. Preparing the evidence: Identifying relevant records and evidence that address the concerns underlying the decision.

4. Attending the hearing: Presenting relevant evidence and legal arguments before the judge.

5. Obtaining the decision: The judge considers the evidence and determines the matter in accordance with the legislation.

At a section 74 hearing, the applicant or licence holder bears the burden of satisfying the judge that the refusal or revocation was not justified. The court considers the relevant evidence and statutory criteria.

We can assess whether a section 74 reference is available, identify the key issues in the decision, and help prepare the evidence and arguments relevant to the hearing.

Because the statutory time limit can be short, obtaining advice promptly after receiving a decision is important.

Firearms owners must comply with the applicable legal requirements governing possession, storage, transportation, and other regulated activities.

Depending on the firearm and the circumstances, the relevant rules may address:

• Safe storage and handling.

• Transportation and applicable authorization requirements.

• Licence validity and conditions.

• Restrictions affecting particular firearm classifications.

• Requirements associated with lawful possession and transfer.

The applicable requirements can vary according to the firearm, the activity, and the governing legislation and regulations. If you are uncertain about your obligations, obtaining advice specific to your circumstances can help you understand the rules that apply.

Canadian firearms laws and government measures concerning prohibited firearms can change. Classification, possession restrictions, applicable exemptions, and available government programs depend on the current legislation and the specific firearm.

Lex Magnus Law can help assess legal questions relating to firearms classification, restrictions, and the implications of applicable regulatory measures, subject to the firm’s practice scope.

If you possess a firearm that may be affected by a prohibition or government program, do not assume that previous authorization permits continued possession. Confirm the current legal requirements and any applicable deadlines before taking action.

Firearms licensing issues can arise alongside criminal proceedings. For example, a criminal investigation may lead to a separate review of firearms eligibility, a licence decision, or restrictions imposed by a court.

These proceedings may involve different legal tests, authorities, deadlines, and consequences. Information or decisions in one matter may also affect the other.

Where both matters arise, a coordinated approach can help identify:

• The relationship between the criminal allegations and the firearms decision.

• Any bail, release, probation, or other conditions affecting possession.

• The documents and evidence relevant to each proceeding.

• The legal options available in both matters.

• Any deadlines that must be addressed separately.

Lex Magnus Law can assess the interaction between the proceedings and help you understand the steps that may be available in your circumstances.

Firearms licensing disputes and prohibition proceedings can affect your property, personal interests, and future activities. Understanding the applicable legal process is an important first step.

At Lex Magnus Law, our approach emphasizes:

• Careful assessment: Reviewing the decision, allegations, and relevant legal requirements.

• Evidence-based preparation: Identifying documentation and information relevant to the issues in dispute.

• Procedural awareness: Recognizing applicable court processes and important deadlines.

• Coordinated legal strategy: Considering related criminal proceedings where relevant.

• Clear communication: Explaining the available options and the potential implications of each step.

No particular outcome can be guaranteed. The appropriate approach depends on the facts, the applicable legislation, and the evidence available.

If you are facing a firearms licence refusal or revocation, a seizure of firearms, a prohibition application, or another firearms-related legal issue in Toronto or elsewhere in Ontario, consider obtaining legal advice promptly.

Contact Lex Magnus Law to discuss your circumstances and understand the legal options that may be available to you.