Will police take your firearms after a domestic call in Ontario?

They can. If police have reasonable grounds to believe it is not desirable for safety that a person possess firearms, they can seize them with a warrant, or without one when getting a warrant is not practicable because of danger (Criminal Code s. 117.04). The seizure also revokes the person's licence, and within 30 days police can ask a justice to order the items forfeited and to prohibit possession for up to five years (s. 117.05).

Licensed owners are often surprised by how quickly this happens. A domestic call can start several separate processes at once: a seizure, a criminal charge with bail conditions, a licence revocation by the Chief Firearms Officer and, later, a prohibition order. Each has its own rules and its own deadline. This page sits where criminal law and family law in Ontario meet, and walks through them in order.

What happens, step by step?

1. The seizure

Section 117.04(1) lets a justice issue a warrant to search a building, receptacle or place for weapons, ammunition and related items, and to seize any authorization, licence or registration certificate, where there are reasonable grounds to believe the person has them and it is not desirable for the safety of that person or anyone else. Under section 117.04(2), an officer may search and seize without a warrant when the grounds for a warrant exist but danger makes it impractical to get one. Either way, the officer must report to a justice immediately (s. 117.04(3)).

If police cannot collect the licence at the time, the Code says every authorization, licence and registration certificate the person holds is revoked as of the moment of the seizure (s. 117.04(4)). Keeping a firearm the police missed is therefore a serious risk.

2. The 30-day window and the hearing

Within 30 days of the seizure, a peace officer can apply to a justice for an order about what happens to the seized items. The justice sets a hearing date and directs notice (s. 117.05(1)). The hearing can proceed without the owner in the same circumstances in which a summary trial can proceed without the defendant (s. 117.05(2)). If the justice finds it is not desirable for safety that the person possess these things, the justice must order them forfeited or otherwise disposed of, and may prohibit possession for up to five years (s. 117.05(4)). The owner can appeal that order to the Superior Court (s. 117.05(7)).

If no application is made within the 30 days, or the justice does not make that finding, the items must be returned, and the justice may reverse the licence revocation (s. 117.06).

3. Bail conditions

If a charge is laid and the accused is released at a bail hearing, the justice must add a condition prohibiting firearms, cross-bows, prohibited and restricted weapons, ammunition and similar items for any offence where violence was used, threatened or attempted, unless the condition is not required for safety (s. 515(4.1)(a)). The order must say how the items and the licences are to be surrendered or stored (s. 515(4.11)), and if the justice leaves the condition out, the reasons go on the record (s. 515(4.12)). This condition usually sits alongside a no-contact term; our page on changing a no-contact bail condition covers that side.

4. The licence

Since the 2023 amendments, the Firearms Act requires a Chief Firearms Officer who has reasonable grounds to suspect that a licence holder may have engaged in an act of domestic violence or stalking to revoke the licence within 24 hours (s. 70.1). "Domestic violence" there is defined broadly and need not be a criminal offence; it includes physical, sexual, psychological and financial abuse, threats and harassment. A person who becomes subject to a protection order has their licence revoked automatically and must deliver any firearm to a peace officer within 24 hours, or a longer period set by the Chief Firearms Officer (s. 70.2).

A notice of revocation must give reasons and tell the holder to deliver firearms and prohibited items within 24 hours (s. 72). The holder can refer the revocation to a provincial court judge in the area where they live within 30 days after receiving the notice, or within further time a judge allows (s. 74). The judge can confirm the decision or cancel the revocation (s. 76).

What changes the answer?

• Whether there is a conviction or discharge. A conviction or discharge for an indictable offence involving violence against an intimate partner, their child or parent, or someone living with them triggers a mandatory prohibition (s. 109(1)(a.1)). For a first such offence, ordinary firearms are prohibited for at least 10 years after release from imprisonment (or after the conviction or discharge if there is no jail), and prohibited and restricted firearms for life (s. 109(2)). A later offence brings a life prohibition (s. 109(3)).
• Other violence offences. For other offences involving violence, the court must consider a discretionary prohibition (s. 110(1)). Where the violence was against an intimate partner, a child or parent, or someone living with them, that order may be for life (s. 110(2.1)).
• A peace bond. Before making a peace bond, the court must consider a firearms condition and, if it decides one is desirable, add it (s. 810(3.1)). Ontario's Crown directive on intimate partner violence says firearms and weapons prohibitions must be considered whenever a peace bond resolves such a case. Our page on peace bonds, discharges and other outcomes explains how these resolutions work.
• Who else lives in the home. If a person living with you is prohibited, police can apply for an order limiting your own use and possession so that person cannot get access (s. 117.011).
• Eligibility later. When deciding whether someone may hold a licence, a Chief Firearms Officer looks at, among other things, violence or threatening conduct, and past orders not to communicate with a person or to stay away from a place (Firearms Act s. 5(2)(c) and (d)).
• Family court orders. A family court restraining order is a separate order from these firearms processes, made in a different court. Our page on restraining orders, peace bonds and bail conditions compares them.

For example: a sport shooter after a 9-1-1 call

This is a hypothetical, not a real client or a result. A licensed sport shooter in Vaughan keeps two non-restricted rifles in a locked safe. After an argument, a neighbour calls 9-1-1. Officers attend, no one is hurt, and no charge is laid that night, but officers conclude from what they hear that it is not desirable for safety that he keep the rifles. They take the rifles and his licence, and report the seizure to a justice.

Within 30 days, police apply under section 117.05. Separately, he receives a notice from the Chief Firearms Officer revoking his licence under section 70.1. He now has two tracks: the disposition hearing, where he can call evidence about the incident, his storage and his history, and a 30-day window to refer the revocation to a judge under section 74. If the justice makes no finding against him, the rifles must be returned and the justice may restore the licence (s. 117.06). If the justice makes the finding, forfeiture follows and a prohibition of up to five years may be ordered.

What mistakes do people make?

1. Missing the 30-day window. A licence revocation reference must be made within 30 days of the notice unless a judge extends the time (Firearms Act s. 74(2)).
2. Keeping items police did not find. The licence is revoked from the moment of the seizure (s. 117.04(4)), so remaining items are no longer covered by it.
3. Moving firearms to a relative's home. If the relative lives with a prohibited person, or the transfer breaks a bail condition, it can create new problems (s. 117.011, s. 515(4.1)).
4. Treating the hearing as a formality. The justice must hear all relevant evidence at a section 117.05 hearing (s. 117.05(3)); this is the chance to present it.
5. Agreeing to a peace bond without reading the firearms term. The court must consider adding one (s. 810(3.1)).
6. Talking about the incident with the other spouse. If there is a no-contact condition, that contact is a separate offence; see penalties for breaching conditions and orders.

What can you do this week?

1. Collect every paper you received: the seizure receipt, any warrant, any notice from the Chief Firearms Officer, the release order or undertaking.
2. Write down the date of the seizure and the date you received any revocation notice. Two separate 30-day periods may be running.
3. Make a list of every firearm, part and box of ammunition you own, and where each one is now.
4. If any item was not seized and you are now unlicensed or under a no-weapons condition, get advice right away about delivering it lawfully.
5. Gather proof of safe storage, training and licensing history for the hearing.
6. If you are more comfortable in Farsi, ask for an interpreter for any criminal court date; Ontario provides interpretation in any language required in criminal matters.
7. Speak with a lawyer before any hearing or reference.

Frequently asked questions

Do police need a charge to seize firearms?

No. Section 117.04 is a safety power. It turns on whether it is desirable for safety that the person possess these things, not on whether a criminal charge has been laid.

Can my spouse ask a court to stop me from having firearms?

Yes. Since 2023, any person may apply, without notice to you, to a provincial court judge for an emergency prohibition order lasting up to 30 days (s. 110.1). The hearing can be held in private, and the judge can order that information about the applicant be sealed (s. 110.2). A judge may then schedule a hearing for a longer order of up to five years (ss. 110.4, 111).

Will I get my firearms back if the charge is withdrawn?

Not automatically. The seizure, the licence and any prohibition application are separate from the charge. Whether items come back depends on the section 117.05 hearing, the licence decision and any order in the criminal case.

Is a prohibition order part of my criminal record?

A prohibition made on a conviction or discharge is part of the sentence or discharge. A section 111 or 117.05 order is a court order without a conviction. Our page on what police record checks show explains how court orders are disclosed in Ontario.

Can I hunt or shoot at a range while on bail?

Not if your release order prohibits possession of firearms. The condition applies until the case is over or a court varies it (s. 515(4.1)).

Who decides the reference about my licence?

A provincial court judge in the territorial division where you live (Firearms Act s. 74(1)). The judge can confirm the decision, direct that a licence be issued, or cancel the revocation (s. 76).

Getting help

Firearms cases after a domestic call move on several clocks at once, and the criminal case often decides the rest. Our weapon offences page covers the charges themselves, and our domestic violence charges page covers the process after an intimate partner charge. Gambriani Law PC acts in criminal and family matters, in English and Farsi, from Suite 1901, 5000 Yonge Street in North York.

This page is general information about Ontario and federal law, not legal advice about your situation. If you are in danger, call 9-1-1.