2. Understand discretionary weapons prohibitions
Question & Answer
Can the court stop me from having a gun or weapon?Section 110 of the Criminal Code says which violent offences don’t always require a weapons when a person is . These are called discretionary weapon prohibition orders. In these cases, the judge decides whether to include a with your .
The judge can give you a discretionary weapons prohibition if you’ve been convicted of:
- an other than those listed in section 109 of the Criminal Code
- an offence that involved threats or attempts of violence against a person
- an offence involving a weapon
What the order means
When you’re given a discretionary weapons prohibition order, you’re not allowed to have any of the weapons listed in the order for up to 10 years. This may include any:
- firearm
- crossbow
- prohibited weapon
- restricted weapon
- prohibited device
- ammunition
- prohibited ammunition
- explosive substance
The prohibition order can be extended for any period of time, including the rest of your life if you threatened, attempted, or used violence against:
- your current or former intimate partner,
- their child or parent, or
- any person who lives with them.
Your intimate partner may be a spouse, common-law partner, or someone you’re dating.
What the order means
If you have a weapons prohibition order and you’re caught with a weapon, you can be charged with the criminal offence of .
Ask the judge to not make an order against you
If a weapons prohibition order would affect your life significantly, explain it to the judge. Tell the judge how the order would affect you and why you should not be given one.
For example:
- Your occupation may require you to have a weapon.
- You may be a sports shooter or a hunter.
- You may be in the Armed Forces.
