- A Family Law Act protection order can direct police to remove, accompany or seize items such as weapons.
- On a peace bond the court must consider a weapons prohibition and must add one if it is desirable for safety.
- Licence questions depend on the facts and the order's terms, so a lawyer can confirm how they apply to you.
Weapons are a major safety concern in family violence cases. If you are protected by an order, you may want to know whether firearms can be removed. If you are the subject of one, you may worry about your guns and your licence.
This article explains what British Columbia law says about weapons in protection orders and peace bonds. It does not cover every licensing rule, so get advice on your own situation.
This article covers the law of British Columbia.
Weapons as a factor in protection orders
A court deciding whether to make a Family Law Act protection order must consider, among other things, risk factors for the respondent, such as substance abuse, weapons and mental health. Weapons are therefore a relevant part of the court's assessment of risk.
A court may make a protection order against a family member if it decides that family violence is likely to occur and the other person is an at-risk family member.
What an order can say about firearms
A protection order may include terms directing police to remove, accompany or seize items such as weapons. It may also restrain contact and communication, restrict attendance at specified places, require reporting, and include other terms the court considers necessary.
The exact wording of your order decides what you must do. Read it closely, and if any term is unclear, ask a lawyer rather than guessing.
Peace bonds and weapons prohibitions
On a peace bond under Criminal Code s 810, the court must consider whether a firearms or weapons prohibition is desirable for safety, and if so must add it. A peace bond can last up to 12 months.
A defendant who refuses to enter the recognizance may be imprisoned for up to 12 months. Breaching a peace bond is an indictable offence with imprisonment up to four years, or a summary conviction offence.
Breaching an order and how police act
Disobeying a lawful court order without lawful excuse is an offence under Criminal Code s 127. It is either an indictable offence with imprisonment of not more than two years, or a summary conviction offence. The Supreme Court protection order form warns that enforcement may include arrest without warrant.
A police officer with reasonable and probable grounds to believe someone has contravened a term of a Part 9 order may take action to enforce it, whether or not there is proof the order was served, and may use reasonable force if necessary. Police can confirm an order through the Protection Order Registry at any time of day or night.
| Order | Weapons-related feature |
|---|---|
| Family Law Act protection order | May direct police to remove, accompany or seize weapons |
| Criminal Code s 810 peace bond | Court must consider a weapons prohibition and add it if desirable for safety |
What to do next
How an order affects a gun licence is a question that depends on the order's terms and the facts. It is worth confirming with a lawyer.
- Read every term of your order or peace bond.
- Do not move, hide or give away firearms without advice, because that could create problems.
- Ask a lawyer how the order affects your licence and your obligations.
- If you are protected by the order, keep a copy with you and tell police if terms are broken.
- If you are in danger, contact police.
Frequently asked questions
Can a protection order lead to firearms being seized?
A protection order may include terms directing police to remove, accompany or seize items such as weapons. Whether that applies depends on the terms the court sets.
Does a peace bond include a weapons ban?
The court must consider whether a firearms or weapons prohibition is desirable for safety, and if so must add it. It is not automatic in every case.
What if I break the weapons terms?
Disobeying a lawful court order without lawful excuse is an offence under Criminal Code s 127. Breaching a peace bond is a separate offence with higher maximum imprisonment on indictment.
Will my gun licence be affected?
That depends on the order and your circumstances, and it is best confirmed with a lawyer. Do not assume either way.
Sources
- Family Law Act, ss 182–183 (BC Laws) — bclaws.gov.bc.ca
- Criminal Code, s 127(1) — Justice Laws (federal)
- BC Government – Supreme Court Form F54 Protection Order — www2.gov.bc.ca
- Criminal Code, s 810 — Justice Laws (federal)
- Criminal Code, s 811 — Justice Laws (federal)
- BC Government – Protection Order Registry — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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