Can Domestic Assault Charges Affect Gun Ownership

Why Domestic Assault Charges and Gun Ownership Are Connected

In Canada, domestic assault charges are taken extremely seriously because they involve allegations of violence in intimate or family relationships. When it comes to firearms, the Criminal Code and the Firearms Act set out strict rules about who can own, possess, or obtain a licence for guns. As a result, domestic assault charges can directly affect both your current right to own firearms and your ability to obtain a licence in the future. Even if you have not been convicted, the presence of charges alone may trigger restrictions or reviews by authorities.

Immediate Consequences After Charges Are Laid

When someone is charged with domestic assault, police often seize firearms as part of the arrest process, especially if the accused lives in a home where guns are present. This seizure is common regardless of whether the firearm was involved in the alleged incident. Courts also typically impose bail conditions that prohibit the accused from possessing firearms for the duration of the proceedings. These conditions are intended to reduce risk and protect the complainant, and breaching them is itself a criminal offence.

Firearms Prohibitions Upon Conviction

If convicted of domestic assault, an accused may be subject to a firearms prohibition order under section 109 or 110 of the Criminal Code. These orders can prevent someone from owning or possessing any firearms, crossbows, ammunition, or explosives for a set period of time—or even for life in serious cases. A mandatory firearms prohibition is common when violence, threats, or weapons are part of the conviction. Even if the assault did not involve a firearm, the court still has the authority to impose a prohibition as part of sentencing.

The Effect on Firearms Licences (PAL and RPAL)

Anyone who wishes to own firearms in Canada must hold a Possession and Acquisition Licence (PAL). Domestic assault charges can jeopardize both new applications and renewals of these licences. The Chief Firearms Officer (CFO) reviews the background of applicants and has the discretion to deny or revoke a licence if there are public safety concerns. A domestic assault charge or conviction signals potential risk and will almost certainly be considered grounds for refusal or cancellation. This means that even if you legally owned guns before the charges, your licence may not be renewed.

Conditional Discharges and Their Impact

In some domestic assault cases, first-time offenders may receive a conditional discharge instead of a conviction. While this outcome avoids a criminal record, it does not guarantee the immediate return of firearms. Courts may still impose probation conditions that restrict gun ownership during the discharge period. Furthermore, the Chief Firearms Officer may review the circumstances of the discharge and impose restrictions independently. As a result, even without a conviction, a conditional discharge can have lasting effects on your ability to own firearms.

Peace Bonds and Firearm Restrictions

Another common resolution in domestic assault cases is a peace bond. Entering into a peace bond requires the accused to keep the peace and follow certain conditions for up to one year. These conditions often include restrictions on possessing firearms. Although a peace bond is not a criminal conviction, it can still impact gun ownership because it reflects concerns about potential violence. The existence of a peace bond may also influence future licence applications.

Long-Term Implications for Hunters and Firearm Owners

For individuals who use firearms for hunting, sport shooting, or as part of their profession, domestic assault charges can have major lifestyle and career implications. Losing the right to possess firearms may mean giving up recreational activities or even losing employment if a firearm is required for work. Even after probation or prohibition periods end, regaining a firearms licence is not guaranteed, as the Chief Firearms Officer will continue to consider the past charges in evaluating risk.

Why Legal Representation Is Essential

The question of whether domestic assault charges affect gun ownership cannot be separated from the broader criminal case. The outcome of the charges—whether conviction, discharge, or withdrawal—will determine how firearms rights are impacted. A skilled defence lawyer can negotiate for alternatives to conviction, argue against unnecessary firearms prohibitions, and present evidence that reduces the likelihood of long-term restrictions. Without representation, individuals risk losing their firearms rights indefinitely.

Balancing Public Safety and Individual Rights

Canadian law prioritizes public safety when it comes to firearms. This means that courts and firearms regulators err on the side of caution in cases involving domestic violence allegations. While this approach aims to protect complainants and the public, it can create significant challenges for individuals accused of domestic assault, especially if the allegations are exaggerated or unproven. Having a defence lawyer is crucial to ensure that your rights are balanced against these concerns.

Schedule a Free Consultation with De Boyrie Law

If you have been charged with domestic assault and are concerned about how it may affect your firearms rights, it is important to act quickly. Contact us now to schedule a free, confidential consultation. We will explain the potential consequences, outline your options, and work with you to protect both your legal rights and your future.