Firearms Licence Applications & Revocations

Firearms Licensing Issues in Ontario

Firearms matters we handle:

• Section 74 Reference Hearings: challenging a CFO refusal or revocation in court
• Firearms Licence Revocations & Refusals: what to do when the notice arrives
• Seizure & Forfeiture Hearings: getting seized firearms back
• Section 111 Prohibition Applications: firearms bans sought without a conviction
• Compliance: Storage, Transport & Registration
• Prohibited Firearms, the Amnesty & the Buyback

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 — not a revocation, but the effect is similar: if your PAL expires and is not renewed, continued possession is unauthorized.

The Consequences of Revocation

When your licence is revoked:

• The CFO must give you written notice with reasons (Firearms Act, s. 72). The notice directs you to deliver your firearms and other regulated items to a peace officer or firearms officer within 24 hours, or within a longer period the CFO sets.
• Continuing to possess firearms without a valid licence can lead to unauthorized possession charges under sections 91 and 92 of the Criminal Code.
• Firearms not delivered may be seized by police.
• Firearms that are surrendered may eventually be forfeited or disposed of if the revocation stands and no lawful transfer is arranged.

Our Approach

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

1. File a reference to challenge the CFO’s decision in court 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 property — the notice requires delivery of your firearms within a short window (and bringing a reference does not suspend that), so we move quickly to ensure delivery is handled properly and, if the revocation stands, to have the firearms lawfully sold or transferred rather than forfeited
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

Police Seizures and Forfeiture Hearings (Section 117.05)

Police can seize firearms, ammunition, licences, and registration certificates under section 117.04 of the Criminal Code — with a warrant, or without one where waiting would be unsafe — when they believe it is not desirable in the interests of safety for a person to possess them. This often happens after a domestic call, a wellness check, or a complaint, and it can happen with no criminal charge at all. If police seize firearms but cannot also seize the licence or registration certificates, those documents are revoked by the seizure itself (s. 117.04(4)).

After a seizure, the police have 30 days to apply to a justice for an order dealing with what was taken (s. 117.05). At the hearing, if the justice finds it is not desirable in the interests of safety for you to possess firearms, the justice must order the items forfeited or otherwise disposed of, and may also prohibit you from possessing firearms for up to five years. If no application is made in time, or the justice does not make an order, the items are to be returned.

These hearings move quickly and are often decided on the police file. We gather the evidence that answers the safety concern — context for the incident, character and medical evidence, and proposed storage arrangements — and, where firearms belong to someone else in the household, we assert that owner’s claim to them.

Prohibition Applications Without a Conviction (Section 111)

A peace officer, firearms officer, or the Chief Firearms Officer can apply to a provincial court judge under section 111 of the Criminal Code for an order prohibiting a person from possessing firearms and other weapons — without any conviction. These applications commonly follow withdrawn domestic charges, peace bonds, or mental-health incidents. If the judge is satisfied the order is warranted for safety reasons, the prohibition can last up to five years.

A section 111 hearing is a real contest. The applicant must prove its case with evidence, and you are entitled to respond with your own. We challenge the reliability of the allegations, put the incident in context, and, where an order is made, argue for the shortest duration and narrowest scope the circumstances allow.

Firearms Prohibition Orders at Sentencing

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

Mandatory Prohibition (Section 109)

Imposed automatically on conviction (or discharge) for listed offences, including:

• Indictable offences involving violence against a person that carry a maximum of 10 years or more
• Indictable offences involving violence against an intimate partner or family member (s. 109(1)(a.1))
• Listed firearms and weapons offences, and criminal harassment (s. 264)
• Trafficking, importing, and production offences under the Controlled Drugs and Substances Act

On a first order, the prohibition covers non-restricted firearms, crossbows, and ammunition for at least 10 years after release, and prohibited and restricted firearms for life. A subsequent order is for life across the board.

Discretionary Prohibition (Section 110)

The court may impose a prohibition order on conviction for an offence involving violence or a weapon where a mandatory order does not apply, if it is desirable in the interests of safety. The order can last up to 10 years — or for life where the violence was against an intimate partner or family member (s. 110(2.1)) — and the judge sets its scope.

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 the CFO refuses to issue or revokes your licence or authorization — or the Registrar refuses or revokes a registration certificate — you can bring a Section 74 reference to a provincial court judge in the Ontario Court of Justice within 30 days of receiving notice of the decision.

Bringing a reference does not let you keep your firearms in the meantime: the Act requires them to be delivered to a peace officer while the reference is pending. If the decision is confirmed, the judge can order them returned for a limited time so you can lawfully sell or transfer them. 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 either confirms the decision, directs that the licence or certificate be issued, or cancels the revocation (s. 76)

The burden is on you to satisfy the judge that the refusal or revocation was not justified (s. 75(3)), with the public-safety eligibility factors in section 5 of the Act at the centre of the inquiry. Ontario courts have differed on how much deference the CFO’s decision receives and how much new evidence can be called, which makes preparation and the evidentiary record especially important. 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 can lead to a firearms prohibition, which can be mandatory where the threat was against an intimate partner or family member
• Criminal Harassment Defence — criminal harassment is a listed offence for a mandatory firearms prohibition order

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