Firearms Licence Applications & Revocations

Firearms Licensing Issues in Ontario

Firearms licensing in Canada is governed by the Firearms Act and administered by the Chief Firearms Officer (CFO) of Ontario. Whether you are applying for a new licence, facing a revocation, or dealing with a prohibition order, the process involves significant legal complexity and can have serious consequences for your livelihood, your property, and your personal interests.

Many Canadians — hunters, sport shooters, collectors, farmers, and others — depend on their firearms for recreation, work, or heritage. Losing your licence means losing your firearms, and in many cases, losing a significant part of your way of life. We take these matters seriously.

Possession and Acquisition Licence (PAL) Applications

Refused Applications

The CFO may refuse to issue a PAL if they determine that it is not desirable in the interests of the safety of the applicant or any other person. Common reasons for refusal include:

• Prior criminal history — particularly convictions for violence, domestic offences, or weapons-related charges
• Mental health history — a current or recent history of mental illness that has been flagged during the application process, including responses on the application form or reports from references
• Domestic violence allegations — even without a conviction, allegations of domestic violence or the existence of a restraining order or peace bond can trigger a refusal
• Problematic references — negative information provided by personal references, conjugal partners, or former partners
• Incomplete or inconsistent application — discrepancies or omissions on the application form

Delayed Applications

Applications can languish in administrative limbo for months or years, particularly where the CFO has flagged an issue but has not made a final decision. We intervene to demand a decision and, if necessary, escalate the matter.

Our Approach

We prepare detailed written submissions to the CFO addressing the concerns that led to the refusal or delay. We gather supporting evidence — character references, medical documentation, proof of completion of safety courses, and context for any prior criminal history — to demonstrate that issuing the licence is safe and appropriate.

If the CFO maintains the refusal, we take the matter to court through a Section 74 reference (see below).

Licence Revocations

The CFO has the authority to revoke an existing firearms licence at any time if they determine that the holder is no longer eligible or that continued licensing is not desirable in the interests of safety. Common triggers for revocation include:

• New criminal charges — particularly domestic assault, uttering threats, criminal harassment, or weapons-related offences. A charge alone — not a conviction — can trigger revocation.
• A complaint from a spouse, partner, or former partner — the CFO investigates complaints about unsafe behaviour, threats, or concerns about self-harm.
• Mental health concerns — a report from a physician, a hospitalization, or other mental health events.
• Unsafe storage complaints — reports of firearms being stored improperly.
• Court-imposed conditions — bail conditions or probation terms that prohibit firearms possession.
• Expiry of the licence — if your PAL expires and is not renewed, you are in unauthorized possession.

The Consequences of Revocation

When your licence is revoked:

• You must surrender all firearms and ammunition immediately — typically to the police or a licensed third party.
• Failure to surrender firearms after revocation is a criminal offence under Section 117.01 of the Criminal Code.
• Any firearms not surrendered may be seized by police.
• Firearms surrendered may eventually be forfeited to the Crown if the revocation stands and no transfer is arranged.

Our Approach

Time is critical when a revocation notice is received. We act quickly to:

1. Request a review of the CFO’s decision under Section 74 of the Firearms Act
2. Negotiate with the CFO to restore the licence or to impose conditions (such as third-party storage) as an alternative to revocation
3. Protect your firearms by arranging for a lawful transfer or storage with a licensed holder while the matter is resolved
4. Address the underlying issue — if the revocation was triggered by criminal charges, we coordinate the firearms matter with the criminal defence to ensure a consistent strategy

Firearms Prohibition Orders

Criminal courts can impose firearms prohibition orders as part of sentencing or as a condition of certain dispositions:

Mandatory Prohibition (Section 109)

Imposed automatically upon conviction for certain offences, including:

• Indictable offences involving violence or the threat of violence
• Weapons-related offences
• Criminal harassment and uttering threats
• Drug trafficking offences

The prohibition is 10 years (first offence) or life (subsequent offences) and applies to all firearms, crossbows, restricted weapons, ammunition, and explosive substances.

Discretionary Prohibition (Section 110)

The court may impose a prohibition order upon conviction for any offence committed with a weapon or involving violence. The prohibition is up to 10 years and the scope is set by the judge.

Challenging Prohibition Orders

We advocate aggressively at sentencing to:

• Minimize the scope of the prohibition — for example, preserving the ability to possess non-restricted firearms for hunting
• Minimize the duration of the prohibition where the legislation permits discretion
• Oppose prohibition entirely where it is discretionary and the circumstances do not warrant it

Lifting Existing Prohibition Orders

Under Section 113 of the Criminal Code, a person subject to a prohibition order can apply to the court for an exemption to possess firearms for sustenance (hunting for food) or employment purposes. We bring these applications where our clients’ livelihoods depend on access to firearms — including Indigenous clients exercising their treaty and Aboriginal rights.

Section 74 References to Court

If you disagree with a decision of the CFO — whether a refusal to issue a licence, a revocation, or conditions imposed on your licence — you have the right to bring a Section 74 reference to the Ontario Court of Justice within 30 days of receiving the decision.

A Section 74 reference is a full hearing before a judge, not merely a paper review. The process involves:

1. Filing the reference within the 30-day time limit (extensions are possible but not guaranteed)
2. Disclosure — the CFO must provide the materials they relied upon in making the decision
3. Hearing — both sides present evidence and argument. You may call witnesses, including character witnesses and medical professionals. The CFO typically calls the investigating officer or firearms officer.
4. Decision — the judge decides whether the CFO’s decision should be upheld, varied, or overturned

The standard is whether it is “desirable in the interests of the safety of the applicant or any other person” for the licence to be issued or maintained. We present evidence that directly addresses the CFO’s specific concerns and demonstrates that you are a safe and responsible firearms owner.

Coordination with Criminal Matters

Firearms licensing issues often arise alongside criminal charges — particularly domestic charges, where the arrest triggers both a criminal prosecution and a parallel licensing investigation by the CFO. We coordinate both matters to ensure that:

• Actions taken in the criminal case do not inadvertently harm your licensing position
• The resolution of the criminal matter (ideally a withdrawal or acquittal) supports the restoration of your firearms privileges
• Bail conditions are crafted with an eye toward their impact on your licensing status

Related Resources

• Firearms Offences Defence — criminal charges related to firearms possession, use, and trafficking
• Domestic Assault Defence — domestic charges are one of the most common triggers for licence revocation
• Uttering Threats Defence — a threats conviction triggers a mandatory firearms prohibition
• Criminal Harassment Defence — criminal harassment convictions also result in firearms prohibition orders

Dealing with a firearms licensing issue? Contact us for a consultation. Time limits may be running.