What Are the Firearm Charges and Penalties in Canada?

It is illegal to possess a firearm in Canada unless authorised to do so by a valid firearms licence. Canada’s firearm laws are among the strictest in the world and are vigorously enforced by police, Crown prosecutors, and the courts.

Firearm offences are prosecuted under the Criminal Code, with related licensing and compliance rules set out in the Firearms Act and regulations. Firearm charges cover a wide range of conduct, from administrative non-compliance to serious violence, and sentencing can range from fines to life imprisonment. Some offences have mandatory minimum penalties. According to the 2024 RCMP Firearms Report, over 2.3 million Canadians hold valid firearm licences, yet many lawful gun owners face charges annually for alleged non-compliance with licensing, storage, transport, or paperwork rules.

What Are the Licensing Requirements in Canada?

In Canada, a licence is your authorisation to possess and, where permitted, acquire firearms. Registration is separate. Restricted and prohibited firearms generally require a registration certificate in addition to the appropriate licence. Your firearms licence must remain valid for as long as you possess your firearms. If your licence expires, federal law provides a limited grace period that can allow continued possession only, but you cannot use that period to acquire firearms or ammunition. If you possess firearms outside the scope of the grace period or other legal authority, you may face criminal charges.

Possession and Acquisition Licence (PAL)

Generally, Canadian residents aged 18 and older can obtain a PAL, which must be renewed every 5 years. Applicants must pass the Canadian Firearms Safety Course and undergo a thorough background check.

As of recent amendments under Bill C-21, individuals subject to a protection order or convicted of an offence involving violence (whether used, threatened, or attempted) against an intimate partner or family member are ineligible for a firearms licence. Licences are also automatically revoked if the holder becomes subject to a protection order.

Licensing for Non-Residents

Non-residents aged 18 and older can obtain authorised possession by submitting a non-resident firearms declaration, which is confirmed by a customs officer. This provides a temporary licence and, where applicable, a temporary registration certificate for up to 60 days. Non-residents who pass the Canadian Firearms Safety Course can apply for a five-year PAL if they meet the eligibility requirements under Canadian law.

Minor’s Possession Only Licence

Persons aged 12 to 17 can obtain a Minor’s Possession Licence to borrow non-restricted rifles or shotguns for approved purposes, such as hunting or target practice. Exceptions may be made for younger individuals who need to hunt to sustain themselves and their families. All minor applicants must pass the Canadian Firearms Safety Course, and the licence becomes void at age 18 when they must apply for a PAL.

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What Are the Categories of Firearms?

Understanding the different categories of firearms is essential because penalties vary significantly by weapon type.

Non-Restricted Firearms

Non-restricted firearms include most ordinary rifles and shotguns that do not fall into the restricted or prohibited categories. These require a valid PAL but do not require individual registration under federal law.

Restricted Firearms

Restricted firearms include:

• Handguns that are not prohibited firearms.
• Firearms with barrels less than 470 mm that discharge centre-fire ammunition in a semi-automatic manner.
• Firearms designed to be fired when reduced to less than 660 mm by folding or telescoping.
• Other firearms are prescribed as restricted by regulation.

Restricted firearms require both a Restricted Possession and Acquisition Licence (RPAL) and individual registration. As of October 2022, the federal government implemented a freeze on the sale and transfer of handguns in Canada.

Prohibited Firearms

Prohibited firearms include:

• Handguns with barrels 105 mm or less in length.
• Handguns designed for .25 or .32 calibre cartridges.
• Firearms that are not handguns, discharge centre-fire ammunition in a semi-automatic manner, and were originally designed with a detachable magazine capacity of six cartridges or more (if designed and manufactured after December 15, 2023).
• Firearms adapted from rifles or shotguns that are less than 660 mm in length or have barrels less than 457 mm.
• Automatic firearms, whether or not altered to fire only one shot per trigger pull.
• Firearms prescribed as prohibited by regulation.

On May 1, 2020, approximately 1,500 models of “military-grade assault-style weapons” were prohibited by order in council. This list was expanded in December 2024, adding more than 300 models. Existing owners received amnesty provisions, which have been extended until October 30, 2026, pending the full implementation of the federal buyback program.

What Are Unauthorised Possession Offences?

Possession offences are among the most common firearm-related charges in Canada.

Unauthorised Possession of a Firearm (Section 91)

Under Section 91 of the Criminal Code, it is an offence to possess a firearm without holding a valid licence and, in the case of prohibited or restricted firearms, a registration certificate.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Up to 2 years less a day imprisonment.

Exceptions apply if you are otherwise legally entitled to possess the firearm under the Firearms Act and regulations, or if you come into possession by operation of law (such as an executor of an estate) and, within a reasonable period, lawfully dispose of it or obtain the proper licence.

Possession of Firearm Knowing Possession is Unauthorised (Section 92)

It is an offence to possess a firearm knowing you lack the proper licence or registration certificate. This is always a straight indictable offence.

Penalties:

• Maximum: 10 years imprisonment.

Possession at Unauthorised Place (Section 93)

Having a firearm at a location not indicated on your authorization papers or not permitted under the Firearms Act is an offence. In practice, this charge often relates to restricted or prohibited firearms, where conditions on an Authorization to Transport (ATT) or Authorization to Carry limit where the firearm may be possessed.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Up to 2 years less a day imprisonment.

Unauthorised Possession in Motor Vehicle (Section 94)

It is illegal to be an occupant of a motor vehicle knowing there is a firearm inside unless the person carrying it is properly licensed and has the required registration certificate for prohibited or restricted firearms.

Penalties:

• Indictable offence: Up to 10 years imprisonment.
• Summary conviction: Up to 2 years less a day imprisonment

Exceptions exist for those who attempted to exit or actually left the vehicle upon becoming aware of the firearm.

 Possession of Prohibited or Restricted Firearm with Ammunition (Section 95)

Possessing a loaded prohibited or restricted firearm, or having readily accessible ammunition for such firearms, without proper authorisation, is a serious offence. Bill C-21 increased the maximum penalty for this offence.

Penalties:

• Maximum: 14 years imprisonment (increased from 10 years).
• The Supreme Court of Canada struck down the previous mandatory minimum penalties of 3-5 years.

Possession of Weapon Obtained by Commission of Offence (Section 96)

Possessing firearms, prohibited weapons, or ammunition knowing they were obtained through a crime is an offence. Bill C-21 also increased the maximum penalty for this offence.

Penalties:

• Maximum: 14 years imprisonment (increased from 10 years).

What Are Firearm Use Offences?

Using firearms improperly or dangerously carries severe penalties.

Using a Firearm in the Commission of an Offence (Section 85)

Using a firearm or imitation firearm while committing an indictable offence, or during flight after committing or attempting to commit such an offence, is a standalone criminal charge. This applies even if no one is harmed and regardless of whether bodily harm was intended.

Penalties:

• Maximum: 14 years imprisonment.
• Sentences must be served consecutively to any sentence for the underlying offence.
• Recent amendments (Bill C-5) repealed the mandatory minimum. penalties for this offence, giving judges greater discretion in sentencing.

Careless Use of a Firearm (Section 86)

Handling, using, carrying, shipping, transporting, or storing a firearm or ammunition carelessly or without regard for the safety of others is an offence. This also includes contravening storage regulations under the Firearms Act.

Penalties:

• First offence (indictable): Up to 2 years imprisonment.
• Second or subsequent offence (indictable): Up to 5 years imprisonment.
• Summary conviction: Up to 2 years less a day imprisonment and/or a $5,000 fine.

This offence does not require intent to harm. Careless handling alone is sufficient for conviction.

Pointing a Firearm (Section 87)

Pointing a firearm at another person without lawful excuse is an offence, even if the weapon is unloaded.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: A fine not exceeding $5,000, imprisonment for a term not exceeding two years less a day, or both.

Possession of Weapon for Dangerous Purpose (Section 88)

Carrying or possessing a weapon, imitation weapon, prohibited device, or ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence is prohibited.

Penalties:

• Indictable offence: Up to 10 years imprisonment.
• Summary conviction: A fine not exceeding $5,000, imprisonment for a term not exceeding two years less a day, or both.

Carrying a Weapon at a Public Meeting (Section 89)

Carrying a weapon while attending a public meeting is an offence punishable by summary conviction. As such, it is subject to the general penalties under s. 787(1) of the Code, which include a fine not exceeding $5,000, imprisonment for a term not exceeding two years less a day, or both.

Carrying a Concealed Weapon (Section 90)

Carrying a weapon, prohibited device, or prohibited ammunition concealed without authorisation under the Firearms Act is an offence.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Up to 2 years less a day imprisonment.

What Are the Storage and Transportation Requirements?

Failure to properly store or transport firearms can result in criminal charges under Section 86. The proper requirements for storage and transportation (to avoid charges under s. 86) are detailed in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209) under the Firearms Act.

Storage Requirements for Non-Restricted Firearms

Non-restricted firearms must be stored unloaded and by:

• Attaching a secure locking device (trigger lock or cable lock) so the firearm cannot be fired, OR
• Removing the bolt or bolt carrier so the firearm cannot be fired, OR
• Locking the firearm in a secure cabinet, container, or room that is constructed so that it cannot readily be broken open or into.

Storage Requirements for Restricted Firearms

Restricted firearms must be unloaded and have:

• A secure locking device attached so the firearm cannot fire, AND
• Be locked in a cabinet, container, or room that is constructed so that it cannot readily be broken open or into, OR
• Be stored in a vault, safe, or room built or modified specifically for firearm storage.

Storage Requirements for Prohibited and Automatic Firearms

For automatic firearms, bolts or bolt carriers (if removable) should be removed and locked in a separate secure room.

Transportation Requirements

• All firearms must be unloaded during transportation (except muzzle-loading firearms between hunting sites, where the firing cap or flint must be removed).
• Non-restricted firearms can be carried in an attended vehicle if unloaded. For unattended vehicles, they must be carried in the trunk or a lockable compartment.
• If no trunk is available, firearms should be placed out of sight and the vehicle locked.
• Transporting restricted firearms requires an ATT from the Chief Firearms Officer.

Exceptions apply for certain uses, such as peace officers on duty or transportation by post. Moreover, the firearms listed in all three scenarios above must not be readily accessible to ammunition unless the ammunition is stored, together with or separately from the firearm, in a container or receptacle that is securely locked and constructed so that it cannot readily be broken open or into.

What Are Weapons Trafficking and Smuggling Offences?

Trafficking and smuggling offences are among the most serious firearm crimes, carrying mandatory minimum sentences and maximum penalties second only to life imprisonment.

Weapons Trafficking (Section 99)

Manufacturing, transferring, or offering to transfer prohibited firearms, restricted firearms, non-restricted firearms, prohibited weapons, restricted weapons, prohibited devices, firearm parts, or ammunition knowing the transaction is not authorised is an offence. This is a straight indictable offence.

Penalties (as amended by Bill C-21):

• Maximum: 14 years imprisonment (increased from 10 years).
• Minimum: 3 years for first offence, 5 years for subsequent offences.

No discharges, suspended sentences, stand-alone fines, or conditional sentences are available.

Possession for the Purpose of Weapons Trafficking (Section 100)

Possessing firearms or weapons for the purpose of trafficking them is a straight indictable offence.

Penalties (as amended by Bill C-21):

• Maximum: 14 years imprisonment (increased from 10 years).
• Minimum: 3 years for first offence, 5 years for subsequent offences.

Transfer Without Authority (Section 101)

Transferring firearms or weapons otherwise than under the authority of the Firearms Act is an offence.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Lesser penalties.

Importing or Exporting Firearms Knowing it is Unauthorised (Section 103)

Illegally importing or exporting firearms, prohibited weapons, restricted weapons, prohibited devices, or prohibited ammunition is a straight indictable offence.

Penalties (as amended by Bill C-21):

• Maximum: 14 years imprisonment (increased from 10 years).
• Minimum: 3 years for first offence, 5 years for subsequent offences.

Unauthorised Importing or Exporting (Section 104)

Importing or exporting firearms without proper authorisation under the Firearms Act is an offence.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Lesser penalties.

What Are Other Serious Firearm Offences?

Breaking and Entering to Steal a Firearm (Section 98)

Breaking and entering a place with intent to steal a firearm located in it, breaking and entering a place and stealing a firearm located in it, or breaking out of a place after stealing (or entering with intent to steal) a firearm located in it, is one of the most serious property offences in Canada.

Penalties:

• Maximum: Life imprisonment.

Making an Automatic Firearm (Section 102)

Altering a firearm so that it is capable of, or manufacturing or assembling any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger, without lawful excuse.

Penalties:

• Maximum: 10 years imprisonment.
• Minimum: 1 year imprisonment.
• Summary conviction available with lesser penalties.

Possession or Distribution of Computer Data for 3D Printing Firearms (Section 102.1)

Bill C-21 created new offences for possessing or distributing computer data (such as 3D printing files) for the purpose of manufacturing or trafficking firearms or prohibited devices.

Altering a Cartridge Magazine (Section 104.1)

Bill C-21 created a new offence for altering a cartridge magazine to exceed its lawful capacity.

Losing or Finding a Firearm (Section 105)

Anyone who loses, or has stolen, any firearm, weapon, prohibited device, ammunition, or related document must report it to a peace or firearms officer with reasonable despatch. Found firearms must be delivered to a peace officer or firearms officer.

Penalties:

• Indictable offence: Up to 5 years imprisonment.
• Summary conviction: Lesser penalties.

What Recent Changes Did Bill C-21 Introduce?

Bill C-21 (An Act to amend certain Acts and to make certain consequential amendments (firearms)) received Royal Assent on December 15, 2023, introducing significant changes to Canada’s firearm laws:

• Codified the national handgun freeze into law.
• Increased maximum penalties for trafficking and smuggling from 10 to 14 years.
• Created “Red Flag” laws allowing emergency weapons prohibition orders
• Added new offences related to ‘ghost guns,’ including possessing or distributing computer data for 3D-printing firearms or prohibited devices, and altering cartridge magazines to exceed lawful capacity.
• Required firearms licences to purchase ammunition, cartridge magazines, and certain firearm parts (as of September 1, 2024).
• Made individuals subject to protection orders or convicted of an offence involving violence against an intimate partner or family member (or stalking/cyber-violence) ineligible for firearms licences (came into force April 4, 2025).
• Created automatic licence revocation for those subject to protection orders.

What Are the Consequences of a Firearm Conviction?

A conviction for a firearm offence has far-reaching consequences beyond imprisonment:

• A criminal record affecting employment, the ability to rent, travel, and immigration status.
• Mandatory weapons prohibition orders (often 10 years to lifetime).
• Forfeiture of firearms and ammunition.
• Difficulty travelling to the United States and other countries.
• Impact on custody and family law matters.
• Professional licensing consequences.

Have You Been Charged With a Firearm Offence?

Firearm charges are among the most serious in the Criminal Code, often carrying mandatory minimum sentences and the possibility of lengthy imprisonment. A skilled criminal defence lawyer can examine all aspects of the arrest to determine whether police violated your Charter rights, challenge the evidence, and present strong arguments for reduced sentencing.

Pyzer Criminal Lawyers has over two decades of experience defending clients facing weapons charges throughout Toronto and the GTA. We understand what’s at stake for your freedom and future. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.