Access to firearms is a significant risk factor for intimate partner (IP) homicide
The Government of Canada has adopted measures to protect Canadians from gun violence and mitigate the rise of violent crimes, including violent crimes committed by a spouse or intimate partner.
The adoption of red flag laws enables anyone to apply to a court for an emergency weapons prohibition order to immediately remove firearms for up to 30 days when a person may be a danger to themselves or others.
Yellow flag laws are also in place where any member of the public can contact a Chief Firearms Officer with concerns about a licence holder. These mean that the Chief Firearms Officer can temporarily suspend an individual’s licence for up to 30 days when there is a reason to suspect a person is no longer eligible to hold a PAL.
About Emergency Prohibition Orders (also known as “Red Flag” laws)
An emergency prohibition order is a type of court order. A judge can issue this order if they believe an individual poses a safety risk to themselves or others. When an order is issued, the person’s firearms, firearm licence, other ownership documents, or other weapons may be removed for up to 30 days. The weapons may be seized by police or turned in by the owner.
The court can also set a hearing date to consider a longer-term prohibition order which can last up to five years. If a hearing date is set, the firearms and other items will not be returned until a decision is made on the longer-term order.
Anyone can apply for an emergency prohibition order:
- An emergency prohibition order does not result in a criminal record for the person subject to the order, except in the event of a breach of the order and conviction for that offence.
- If an emergency prohibition order expires, the person’s firearms licence and any other ownership documents, firearms and other items will be returned to the owner. If an order has expired and there are still safety concerns, anyone can apply for another emergency prohibition order.
- It is important to note that those subject to an emergency prohibition order can apply to have it cancelled or changed before it expires. If a judge decides to cancel the order, the person’s firearms, firearms licence and any other ownership document, and other items will be returned. The judge could also change the terms or length of the order.
- Even if an emergency prohibition order has been cancelled or has expired, a Chief Firearms Officer can still revoke the person’s firearms licence if they believe the person is no longer eligible for the licence.
For further information regarding “Red Flag” law, please visit:
Canadian Public Safety – “Red Flag” Laws and Preventing Firearm-related Harm