Firearms Act

Marginal note:Public safety

• 5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition.

• Marginal note:Criteria

  (2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,

  • (a) has been convicted or discharged under section 730 of the Criminal Code of

    • (i) an offence in the commission of which violence against another person was used, threatened or attempted,

    • (ii) an offence under this Act or Part III of the Criminal Code,

    • (iii) an offence under section 264 of the Criminal Code (criminal harassment), or

    • (iv) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act;

  • (b) has been treated for a mental illness, whether in a hospital, mental institute, psychiatric clinic or otherwise and whether or not the person was confined to such a hospital, institute or clinic, that was associated with violence or threatened or attempted violence on the part of the person against any person; or

  • (c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

• Marginal note:Exception

  (3) Notwithstanding subsection (2), in determining whether a non-resident who is eighteen years old or older and by or on behalf of whom an application is made for a sixty-day licence authorizing the non-resident to possess firearms that are neither prohibited firearms nor restricted firearms is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge may but need not have regard to the criteria described in subsection (2).