When an emergency prohibition order is made against you
An emergency prohibition order prevents access to firearms and other items from someone who may be a danger to themselves or others. Anyone can apply for this order by contacting a local court.
There are a number of measures in place to protect the safety of those involved in applying for this order. Their identity is protected in the application process and you will only be notified of the order if the judge grants it.
If an emergency prohibition orderis made against you:
- Your firearms licence will be revoked for up to 30 days
- You'll either be ordered to surrender firearms and other items to police or they will be removed by police for as long as the order is in place
- This includes any item mentioned in the order, such as firearms, weapons or associated items, like ammunition, and crossbows
- You won't be able to purchase, use, or possess anything in the order while it's in place
- Once the order expires, you'll get your firearms, weapons, and other items back as soon as possible
If you follow the terms of the emergency order and do not break any laws, it won't create a criminal record.
If you don't believe you pose a safety risk to yourself or anyone else, you may apply to a court to cancel the order. If the judge cancels the order, you'll get your firearms, licence, and other items back as soon as possible.
Prohibition orders longer than 30 days
After making the emergency order, the judge can set a hearing date for a longer prohibition order. You'll be notified and you may be allowed to attend the hearing for the longer order.
The existing emergency order remains valid until the hearing takes place. Your firearms, licence, and other items won't be returned until a decision is made.
If the judge makes a longer prohibition order, your firearms, licence, and other items won't be returned, and you won't be able to possess firearms and other items for up to five years.
If the judge decides not to make a longer prohibition order, the existing emergency order will be cancelled if still in effect. Your firearms, licence, and other items will be returned as soon as possible.
Sustenance hunting and employment exceptions
You can apply to the court to have a prohibition order lifted under certain exceptions. This isn't automatic, and you'll have to show the court that you need firearms:
- to hunt or trap to sustain yourself or your family
- to remain employed in the only job available to you
The court will decide if the order should be lifted so you can continue using firearms for those reasons. If the order is lifted, rules may be set on your possession or use of firearms.
Property belonging to someone else
In some cases, firearms or other items surrendered or removed may belong to another legal owner. They can apply to have them returned, and will be paid the value of the items if a return isn't possible.
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