May 1, 2020

What are your options if your firearm has been prohibited and slated to be seized

information & education | Regulations

If you receive notice of a firearms certificate revocation during a gun ban, there is a legal process available to you where you can file an appeal under Section 47 of the firearms act.  
 
The law for revocation of a firearms registration certificate is contained at S 72 of the Firearms Act. 
 
 
72 (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

(1.1) Notice under subsection (1) need not be given in any of the following circumstances:
(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or
(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

(3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

(4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.
 
 
Typically 30 days is the amount of time that revocation seizure notices indicate, because 30 days is your window of time to file for a judicial review, per S 74 of the firearms act
 
Amnesties are often put in place, typically 2 years, but most times the window to file your appeal will not be extended.  If you choose to file as section 74 review, it is imperative that you act immediately. 
 
(2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

For Ontario, the relevant forms are:
 
Form 68A http://ontariocourtforms.on.ca/en/ru…ocedure-forms/
 
For BC, 
 
https://www2.gov.bc.ca/assets/gov/la…nal/pcr886.pdf
 
For Alberta, https://www.alberta.ca/assets/docume…ation-form.pdf

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