Red Flag Firearms Laws
Red Flag Laws are part of Canada’s national legislation designed to enhance safety by allowing action to be taken when someone with access to firearms may pose a risk to themselves or others. These laws provide an additional layer of protection in situations involving gender-based or intimate partner violence, mental health crises, and cases of stalking or harassment.
Know the Signs. Use the Law. Stop the Violence.
If someone is in immediate danger, always📞 Call 911
“The safety and security of everyone in Canada is our government’s top priority, and it requires strong action to protect individuals from gun violence. These changes to the law, taken together with the recent reforms to the bail system to address repeat violent offenders, will help keep people safer. We will continue to crack down on firearms smuggling and trafficking, target violent crimes involving handguns and address the alarming role of guns in gender-based violence, including intimate partner violence.” - The Honourable Arif Virani, Minister of Justice and Attorney General of Canada-. – Legislation to Reduce gun violence receives Royal Assent- Public safety Canada
Red Flag Laws are not a substitute for emergency assistance.
Police and law enforcement continue to play a critical role in emergency response, particularly when there is an urgent threat of firearm violence.
Emergency Prohibition
vs
Limitation on Access
An Emergency Prohibition Order (EPO) is a legal measure issued by a judge to temporarily remove an individual's firearms for up to 30 days if are deemed a risk to themselves or others. While it does not in a criminal record, violating the order can lead to criminal charges. In more serious situations, a court hearing may be held to consider a long-term prohibition lasting up to five years. Additionally, an Emergency Limitations Access Order can be issued to restrict access to firearms by someone prohibited from possessing them, ensuring safer storage and use for up to 30 days.
Who Can Apply
Any individual concerned that someone may be a danger to themselves or others and has access to firearms can apply for an Emergency Prohibition Order This includes partners, family, friends, neighbours, coworkers, or anyone with valid safety concerns.
Additionally, anyone can apply for an Emergency Limitations Access Order which does not result in a criminal record unless the conditions violated. Once the order expires, restrictions are lifted, and any removed firearms are returned; if concerns remain, a new order can be requested.
How to Apply
To apply for an Emergency Prohibition (EPO):
1. Contact your local provincial court.
2. A lawyer is not required for the application. Support may be available through legal, victim services, or social service agencies.
3. The applicant must attend a court hearing and why the individual poses a risk and should not have access to firearms. Evidence can include personal notes, police records, statements from family or friends, and audio/video testimony of threats or violence. Applications are made ex parte, meaning the respondent is not informed. The judge may protect the applicant’s identity by sealing documents or holding a closed hearing.
4. If granted, the applicant will be notified via local police.
Background Information
Former Bill C-21 received Royal Assent on December 15, 2023, introducing measures to combat gun crime, including a national handgun freeze, bans on new firearm makes and models, and increased penalties for trafficking and smuggling. It also addresses the rise of ghost guns and incorporates new initiatives like “Red Flag Laws” for expanded license revocation and ineligibility to firearms-related self-harm and domestic violence. Additionally, the bill amended the criminal code to establish Emergency Prohibition Orders and Emergency Limitations on Access Orders enhancing protective measures against suicide risks and domestic violence offenders.