What Happens If You Carry A Gun in Canada?

What Happens If You Carry a Gun in Canada?

Carrying a gun in Canada without proper licensing or authorization is a serious criminal offence. Unlike the United States, Canada has strict firearm laws that govern possession, use, transportation, and storage. If you are found carrying a firearm without the necessary licence or documentation, you could face severe legal consequences, including fines, criminal charges, and imprisonment.

In this guide, we’ll walk through Canada’s firearm classification system, licensing requirements, and what happens if you carry a gun illegally in Ontario or elsewhere in Canada.

Understanding Firearm Classifications in Canada

Under the Criminal Code of Canada and the Firearms Act, guns are classified into three categories: non-restricted, restricted, and prohibited. Each category has its own rules around ownership, usage, and licensing.

1. Non-Restricted Firearms

These are the most common types of guns used for hunting and sport shooting. They include:

• Regular rifles

• Shotguns with standard barrel lengths

• Certain manually operated firearms

Non-restricted firearms are still subject to licensing, storage, and transportation regulations, even though they are not classified as high-risk.

2. Restricted Firearms

Restricted firearms include:

• Handguns that are not prohibited

• Semi-automatic firearms with barrels shorter than 470 mm

• Guns that can fire when folded or telescoped

• Firearms capable of firing centrefire ammunition (a bullet ignited by a primer in the center of its base)

To own a restricted firearm, you must complete safety training, obtain a Possession and Acquisition Licence (PAL), and receive approval from the Chief Firearms Officer (CFO) in your province or territory.

3. Prohibited Firearms

Prohibited firearms are illegal to acquire or possess, except under limited grandfathering provisions. These include:

• Automatic weapons

• Sawed-off shotguns or rifles under a specific length

• Handguns that fire .25 or .32 caliber bullets or have a barrel length under 105 mm

• Certain guns made before 1946 that were registered by December 1, 1998

Owning a prohibited firearm without proper authorization is a criminal offence, punishable by imprisonment and confiscation.

Do You Need a Licence to Carry or Possess a Gun?

Yes. In Canada, you must have a valid firearms licence to legally possess, acquire, or transport a gun—even if you’re not the owner or have never used it. This licence must be on your person whenever you’re in possession of a firearm, especially a restricted one.

If a police officer stops you and you cannot produce a valid firearms licence and registration certificate, they are authorized to seize the firearm immediately.

How to Get a Gun Licence in Canada

To legally own or possess a firearm, you must apply for a Possession and Acquisition Licence (PAL) through the Royal Canadian Mounted Police (RCMP). There are separate licences for restricted and non-restricted firearms.

Minimum Age Requirements

• You must be at least 18 years old to apply for a full PAL for restricted firearms.

• Youths aged 12 to 17 may apply for a Minor’s Licence for non-restricted firearms (e.g., hunting rifles or shotguns).

• Minors may use restricted firearms only under the direct and immediate supervision of a licensed adult.

Required Safety Training and Background Checks

To qualify for a PAL, you must complete the Canadian Firearms Safety Course (for non-restricted firearms) or the Canadian Restricted Firearms Safety Course (for restricted firearms). These courses cover:

• Safe handling and storage practices

• Basic firearm operation

• Legal responsibilities of ownership

• Transportation rules

• Proper use and firing techniques

After completing the course, you must pass written and practical exams.

Applicants are also subject to:

• Reference checks

• Background checks covering criminal, mental health, and domestic history

• Possible interviews with references or doctors

• A minimum 28-day waiting period for first-time applicants

Once approved, your licence is valid for five years and costs $80 to renew.

Carrying vs Transporting a Firearm in Canada

Even with a valid licence, you cannot openly carry a firearm in public in Canada. There is a legal distinction between carrying and transporting a firearm:

Carrying a Restricted Firearm

You may only carry a restricted firearm in public under very limited circumstances, such as:

• If it is required as part of your profession (e.g., armoured car security)

• If you can prove you need it for personal protection, which is rarely granted

• If you have received Authorization to Carry (ATC) from the Chief Firearms Officer

Without this authorization, carrying a firearm is illegal and can result in charges under section 91 or 92 of the Criminal Code.

Transporting a Restricted Firearm

Transporting a restricted firearm requires an Authorization to Transport (ATT) from your province or territory’s Chief Firearms Officer. Common examples of authorized transport include:

• Taking a firearm to or from a licensed shooting range

• Repairing the firearm at a licensed gunsmith

• Moving to a new residence

• Taking the firearm to a gun show

When transporting a restricted firearm, you must:

• Keep it unloaded

• Secure it in a locked container

• Use a trigger lock or cable lock

• Carry your licence and registration certificate at all times

Failure to comply with these regulations may result in criminal charges, license revocation, and firearm seizure.

What Happens If You Carry a Gun Without a Licence?

Carrying a firearm without a valid licence or authorization is a criminal offence under Canadian law. You may be charged with:

• Unauthorized possession of a firearm

• Possession of a prohibited or restricted weapon

• Careless storage or transport of a firearm

• Possession for a dangerous purpose

Penalties vary depending on the circumstances and the type of firearm involved, but they may include:

• Fines up to $5,000

• Imprisonment for up to 10 years

• Mandatory minimum sentences in certain cases

• Lifetime firearm prohibition orders

If you are caught with an unlicensed or unauthorized firearm in Toronto, York Region, or any part of Ontario, it’s essential to contact a criminal defence lawyer immediately.

Contact Kazandji Law for Firearm Offence Defence in Ontario

Facing firearms-related charges in Ontario is not something to take lightly. At Kazandji Law, we represent clients charged with unauthorized possession, illegal transportation, and other firearms offences across Toronto, Newmarket, Peel, Durham, and Oakville.

Our experienced team will:

• Analyze the circumstances of your arrest

• Challenge any unlawful search or seizure

• Advocate for the withdrawal or reduction of charges

• Help protect your future, your rights, and your freedom

Gun laws in Canada are complex and strictly enforced. If you carry a gun without a proper licence or transport one without authorization, you risk serious consequences. Whether you’re looking to obtain a firearms licence or need legal defence against a firearms charge, Kazandji Law is here to help. Contact us today for a confidential consultation and get the legal guidance you need.

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