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Firearms Act

Version of section 5 from 2003-08-15 to 2015-06-17:


Marginal note:Public safety

  •  (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(1) or (2), 6(1) or (2) or 7(1) 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).

  • 1995, c. 39, ss. 5, 137
  • 1996, c. 19, s. 76.1
  • 2003, c. 8, s. 10

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