A federal record suspension seals your underlying criminal conviction, but it does NOT automatically lift a court-ordered weapons ban. To regain your right to own a firearm, you generally must file a separate legal motion in court to revoke the Section 109 or Section 110 prohibition, even after paying the $50 CAD pardon fee.
Hunting and sport shooting are deeply ingrained in Canadian culture, particularly in provinces like Alberta, Saskatchewan, and rural Ontario. However, if you are convicted of an indictable offence involving violence, or drug trafficking, the presiding judge is often mandated by the Criminal Code of Canada to impose a Section 109 firearms prohibition. This ban can last for 10 years, or even be a lifetime prohibition.
Many Canadians mistakenly believe that once they receive a record suspension (pardon) from the Parole Board of Canada, their firearms prohibition simply vanishes. This is entirely incorrect. A record suspension only seals your criminal record in the RCMP’s database; it does not override a specific, standalone court order. To get your Possession and Acquisition Licence (PAL) back, you must navigate two entirely separate legal systems: the federal parole system and the provincial court system.
Step-by-Step Process to Regain Firearms Rights in Canada
Lifting a weapons prohibition requires a strategic legal approach. Whether your original conviction occurred in the Court of King’s Bench in Manitoba or a local provincial courthouse in British Columbia, the steps generally remain the same.
Step 1: Securing Your Record Suspension First
Before any judge will entertain lifting a weapons ban, you must prove that you are completely rehabilitated. This begins by completing your sentence, waiting the required 5 or 10 years, and applying for a federal record suspension. Once the Parole Board of Canada grants this, your criminal record is officially sealed. This is the strongest piece of evidence you can bring to a judge.
Step 2: Reviewing the Prohibition Order (Section 109 vs 110)
Your lawyer must obtain the exact sentencing transcripts and court orders from your original trial. They will identify if you are subject to a mandatory prohibition (Section 109) or a discretionary prohibition (Section 110). Section 109 lifetime bans are incredibly difficult to lift and often require proving that the prohibition severely impacts your ability to earn a living (e.g., you are an Indigenous trapper or an armed security guard).
Step 3: Filing a Motion to Revoke the Order
Your law firm will draft a formal legal motion and file it at the specific provincial courthouse where the original prohibition was ordered. The application must include a sworn affidavit explaining why you need a firearm, how your life has changed since the conviction, and include a copy of your granted record suspension. You must also notify the Crown Prosecutor’s office.
Step 4: Attending the Court Hearing
You and your lawyer will attend a court hearing before a judge. The Crown may oppose your application, arguing that public safety outweighs your desire to hunt or sport shoot. Your lawyer will argue that because your record is pardoned and you have lived a crime-free life for years, the prohibition is no longer necessary. The judge has the final say.
Step 5: Applying for the PAL from the RCMP
If the judge agrees and signs an order revoking the prohibition, your journey is still not over. You must now apply for a Possession and Acquisition Licence (PAL) through the RCMP’s Canadian Firearms Program. You will include the new court order showing the ban is lifted. The Chief Firearms Officer (CFO) of your province will review the application and make the final decision to issue the licence.
How Much Does it Cost in Canada?
Because you are dealing with two separate legal processes, regaining your firearms rights is an expensive endeavour. All costs are estimated in Canadian dollars (CAD).
| Legal Process / Fee | Estimated Cost (CAD) | Details |
|---|---|---|
| Parole Board Fee (Pardon) | $50 | Federal fee to seal the underlying criminal conviction. |
| Court Filing Fees | $100 – $300 | Varies by provincial courthouse for filing the motion. |
| Lawyer Fees (Court Motion) | $2,500 – $6,000 | Drafting affidavits and arguing the revocation in court. |
| PAL Application Fee | $64 – $85 | Standard federal fee for the firearms licence. |
Attempting to represent yourself in court for a prohibition revocation is highly discouraged, as the legal tests the judge uses are incredibly strict and complex.
How Long Does the Process Take?
This is a multi-year commitment. First, obtaining the record suspension from the Parole Board typically takes 12 months. Once the pardon is in hand, drafting the motion and getting a court date for the revocation hearing usually takes another 4 to 8 months. Finally, applying for and receiving the PAL from the RCMP takes an additional 2 to 4 months. You must be prepared for a long journey.
Frequently Asked Questions (FAQ)
Does the Chief Firearms Officer see my pardoned record?
Yes. The Firearms Act grants the Chief Firearms Officer (CFO) extensive background check powers. They can often access police contact records and sealed convictions to assess public safety risk before issuing a PAL.
Can I just buy a crossbow if I have a firearms prohibition?
It depends entirely on the wording of your specific court order. Many Section 109 orders explicitly prohibit the possession of crossbows, restricted weapons, ammunition, and explosive substances as well as traditional firearms.
Is a judge guaranteed to lift the ban if I have a pardon?
No. A pardon is excellent evidence of rehabilitation, but the judge still has complete discretion. If the original crime was severely violent, the judge may refuse to lift a lifetime ban regardless of the pardon.
Can I apply to lift the ban without getting a pardon first?
While legally possible, it is incredibly difficult to convince a judge to lift a weapons prohibition if your underlying criminal record is still active and visible on CPIC. A pardon proves you are officially rehabilitated.
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