1. Understand mandatory weapons prohibition orders

For some types of conviction, a weapons prohibition order must be part of the sentence. Section 109 of the Criminal Code says which violent crimes must have a weapons prohibition order when a person is convicted. These are called mandatory weapons prohibition orders.

You’ll be given a mandatory weapons prohibition if you’ve been convicted of:

• an indictable offence involving threats or actual violence against a person that could result in you having to go to prison for 10 years or more
• a charge that involved firearms or weapons
• criminal harassment
• an offence involving producing or selling illegal drugs
• an indictable offence involving threats or actual violence against your current or former intimate partner, their child or parent, or any other person who lives with them

Your intimate partner may be a spouse, common-law partner, or someone you’re dating.

What the order means

When you’re given a mandatory weapons prohibition order, you’re not allowed to have any of the following for up to 10 years:

• firearms
• crossbows
• restricted weapons
• ammunition
• explosive substances

Also, for the rest of your life, you’re not allowed to have any:

• prohibited firearm
• restricted firearm
• prohibited weapon
• prohibited device
• prohibited ammunition

Prohibited and restricted weapons are listed in the Criminal Code. Examples include tear gas, mace, brass knuckles, and switchblades.

If you have a weapons prohibition order and you’re caught with a weapon, you can be charged with the criminal offence of possession contrary to an order.