Updated September 17, 2026
In Canada, the ownership, possession, and use of firearms is a privilege, not a right. The same is true in acquiring or holding a Possession and Acquisition Licence (PAL) or a Restricted Possession and Acquisition Licence (RPAL).
Section 2 of the Criminal Code defines a “firearm” as:
“a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death, and includes any frame or receiver of such a weapon and anything that can be adapted for use as a firearm.”
This broad definition captures not only conventional rifles, shotguns, and handguns, but also certain airsoft and BB guns, as well as specific firearm parts and devices.
When police become involved in an incident or investigation involving firearms, seizure of both your firearms and any PAL or RPAL is the almost inevitable result, regardless of whether a warrant is obtained. The same outcome commonly follows even when the underlying matter is unrelated to firearms, such as a domestic dispute or mental-health concerns.
Police powers of search and seizure are grounded in the Criminal Code and the common law, and are limited by section 8 of The Canadian Charter of Rights and Freedoms, which protects against unreasonable search or seizure. The law governing searches of the person, vehicles, and homes is complex. Anyone whose property or person has been searched should obtain prompt advice from experienced criminal counsel to determine whether their rights have been breached.
Even where no criminal charges are laid, the police may report the circumstances to the Chief Firearms Officer (CFO). The CFO may then issue a notice of revocation of your PAL or RPAL and direct the surrender of some or all of your firearms. Failure to comply with the CFO’s instruction can itself result in criminal charges. An application to challenge a CFO revocation must generally be brought within 30 days.
Furthermore, even if no criminal charges are laid, the police or Crown may still apply under the Criminal Code for an order that the seized firearms and PAL or RPAL not be returned to you. The Crown’s burden is low: it need only show that it is “not desirable in the interests of safety” for them to be returned. Success on these applications requires skilled advocacy and knowledgeable legal guidance.
If criminal charges are laid, the Crown retains the ability to seek forfeiture (i.e. permanent transfer of the firearms and PAL or RPAL to the State for destruction) even if the charges are later resolved or withdrawn.
Firearms offences frequently attract sentences of imprisonment, as well as the revocation of your firearm privileges and licenses. Early legal advice is therefore not only the best course of action, but also essential.
If you have been charged with a firearms offence, if your firearms or PAL/RPAL have been seized, or if an application has been brought for their forfeiture and disposal, please contact us at 1-833-784-7500 for a free consultation as soon as possible.
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