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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Wills & Estate Planning Ontario » Probate & Trust Administration Ontario » Transferring Ownership of a Restricted Handgun in Ontario Probate

Transferring Ownership of a Restricted Handgun in Ontario Probate

29 Jun 2026 5 min read No comments Probate & Trust Administration Ontario
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Transferring a restricted handgun from a deceased person’s estate in Ontario is incredibly difficult due to the federal handgun freeze. Generally, the executor must surrender the firearm to the police for destruction, or pay a licensed gunsmith to permanently deactivate it. Legal and deactivation fees often total between $500 and $2,000 CAD.

Acting as an executor is a heavy responsibility, but discovering restricted firearms among the deceased’s belongings introduces a serious layer of federal legal compliance. In Ontario, handling a restricted weapon-such as a handgun or a short-barrelled rifle-requires strict adherence to the Firearms Act and the rules set by the Chief Firearms Officer (CFO). A single misstep, such as putting the handgun in your car to drive it to a family member’s house, can result in severe criminal charges.

As of 2026, Canada’s national handgun freeze is firmly in effect. 🚫 This means that you cannot simply leave a handgun to a grandson in a will. Even if the beneficiary has a Restricted Possession and Acquisition Licence (RPAL), transferring ownership of a handgun is generally prohibited unless the heir meets extremely narrow exemptions (such as being an elite Olympic sport shooter). For most families in Toronto, Brampton, or Ottawa, the only legal options are surrendering the weapon for destruction or paying to have it permanently deactivated. Consulting a local law firm that understands estate and firearms law is highly recommended.

Step-by-Step Process for Handling Estate Firearms in Ontario

As the Estate Trustee, you have a temporary grace period to secure the weapons while you manage the estate, but you must act strictly by the book. Here is the legal process for managing restricted handguns.

Step 1: Do Not Move the Firearm

If you find a handgun in the home, do not touch it or attempt to transport it unless you are certain it is unloaded and safely locked. If you do not have a firearms licence yourself, do not take the gun to your own house. You must leave it securely locked in the deceased’s residence (preferably in their gun safe) while you contact the authorities.

Step 2: Locate the Licence and Registration Certificates

Search the deceased’s paperwork for their Possession and Acquisition Licence (PAL or RPAL). 📄 For restricted firearms, there must also be a specific paper Registration Certificate for each individual handgun. Having these documents on hand proves that the deceased owned the weapons legally, which makes the estate administration process much smoother.

Step 3: Contact the Chief Firearms Officer (CFO) of Ontario

You must notify the RCMP and the Ontario CFO that the firearm owner has passed away. As the executor, you will need to provide them with a copy of the death certificate, the deceased’s firearms licence number, and your own identification. The CFO will grant you temporary legal authority to act on behalf of the estate regarding the firearms for a reasonable period.

Step 4: Decide the Firearm’s Fate (Deactivate or Surrender)

Because the federal handgun freeze prevents transferring the handgun to a standard beneficiary, you generally have two choices. 🔍 You can surrender the handgun to your local Ontario police service for free destruction, or you can have the handgun permanently deactivated by an approved gunsmith. Once a handgun is permanently welded and deactivated to RCMP standards, it is no longer legally considered a firearm and can be kept as a family heirloom.

Step 5: Apply for an Authorization to Transport (ATT)

You cannot simply put a restricted handgun in your trunk to drive it to the police station or the gunsmith. You must call the CFO and apply for a short-term Authorization to Transport (ATT). This document gives you strict legal permission to transport the unloaded, trigger-locked handgun in a locked opaque case along a direct route to the specific destination.

How Much Does it Cost in Ontario?

Dealing with restricted firearms in an estate involves specific administrative and physical costs, depending on what you choose to do with the weapon.

  • Police Surrender: $0 CAD. Local police detachments in Ontario will accept and destroy estate firearms completely free of charge.
  • Gunsmith Deactivation: If the family wants to keep the handgun as a deactivated heirloom, a certified gunsmith usually charges between $150 and $350 CAD per firearm to weld and drill it to legal standards.
  • Law Firm Guidance: If you hire an estate lawyer to handle the CFO paperwork and ATT applications, expect to pay $500 to $1,500 CAD in legal fees for this specific service.
Surrendering Handgun to Local Police$0 CAD (Free)
Permanent Gunsmith Deactivation$150 – $350 CAD
Estate Lawyer Fees (Firearm Transfers)$500 – $1,500 CAD

How Long Does the Process Take?

Do not rush to move the firearm on day one. ⏱️ Gathering the death certificate and probate documents to prove you are the legal executor can take 4 to 8 weeks. Once you submit your paperwork to the Ontario CFO, obtaining the Authorization to Transport (ATT) usually takes 1 to 3 weeks. If you choose deactivation, the gunsmith may need an additional 2 to 4 weeks to complete the work and issue the deactivation certificate.

Frequently Asked Questions (FAQ)

Can I just keep the handgun if I don’t tell anyone?

No. This is a severe criminal offence. The RCMP has a federal registry of all restricted firearms. When the government is notified of the death, they will eventually check their database and demand to know the location of the registered handguns.

Can the estate sell the handgun to a gun store?

Generally, no. Under the federal handgun freeze, the commercial buying, selling, and transferring of handguns is heavily restricted. Unless the store has a specific exemption, they cannot legally purchase the restricted handgun from the estate.

What if I cannot find the Registration Certificate?

If the paperwork is lost, do not panic. Call the Canadian Firearms Program (1-800-731-4000) and identify yourself as the executor. They can look up the deceased’s profile and provide you with the necessary registration numbers to proceed legally.

Do non-restricted hunting rifles have the same rules?

No. Non-restricted firearms (like standard shotguns and hunting rifles) are not subject to the handgun freeze. As long as the beneficiary has a valid standard PAL, you can legally transfer ownership of a non-restricted hunting rifle to them without an ATT.

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