Weapons Prohibition Order
A weapons prohibition order is a court order, imposed at sentencing, prohibiting the offender from possessing firearms, ammunition, explosives, prohibited weapons, and other specified items for a defined period. Weapons prohibitions are governed by sections 109 (mandatory) and 110 (discretionary) of the Criminal Code. They are among the most common ancillary sentencing orders in Canadian practice.
Mandatory orders (section 109)
Section 109 imposes mandatory prohibition orders on conviction (or discharge) for: indictable offences punishable by 10+ years and involving the use, threatened use, or attempted use of violence; specified weapons offences; certain criminal harassment offences; specified drug offences; intimate-partner violence offences in some configurations; and many others. The court has no discretion to refuse the order, though it can specify a longer or shorter duration in some configurations.
Discretionary orders (section 110)
Section 110 allows the court to impose a prohibition order on conviction (or discharge) for offences not captured by section 109, where the court considers it desirable in the interests of the safety of the offender or any other person. The decision is discretionary and case-specific. Where the offence involved violence or threats, even where section 109 does not apply, a section 110 order is common.
Duration
Section 109 orders typically run for: first conviction — 10 years for ordinary firearms, life for prohibited and restricted firearms and ammunition; second or subsequent conviction — life for all categories. Section 110 orders are for a duration the court determines, up to 10 years for first offences. Lifetime orders under section 109 begin on release from imprisonment if a custodial sentence was imposed.
What's prohibited
Prohibition orders bar possession of: firearms (all classes); cross-bows; restricted weapons (such as switchblades, certain knives); ammunition; explosive substances; and prohibited weapons. The order applies to active possession, joint possession, and constructive possession (control over weapons in a residence or vehicle, even if owned by another). Possession of a firearm during a prohibition order is itself a criminal offence under section 117.01, punishable by up to 10 years on indictment.
Section 113 exemptions
Section 113 allows the court to lift a prohibition order in limited circumstances — typically to permit possession of a firearm for sustenance hunting or for employment requiring firearm access. The threshold is high; exemptions are not commonly granted. Where the offender requires firearm access for legitimate reasons, careful application is required.
Strategic implications
Weapons prohibitions affect employment (police, military, security work), recreation (hunting, target shooting), and family life (where firearms are kept in the home). Avoiding a weapons prohibition is often a meaningful sentencing goal, achievable in some configurations through resolution to charges that do not trigger section 109. Mass Tsang's criminal lawyers consider weapons prohibition exposure as part of every sentencing analysis.
Related glossary terms
