View source for Seizure and Forfeiture of Firearms for Public Safety

{{LevelZero}}{{HeaderProperty}}
==General Principles==
Under s.117.04, an officer may seize a firearm from someone in lawful possession of it where the officer believes he may pose a danger to themselves or the public. A warrant is required unless there are exigent circumstances such that "by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant".(s. 117.04(2)) 

Under 117.04(2), an officer may search for and seize weapon-related items where it is in the "interests of the safety".

{{quotation2|
; Application for warrant to search and seize
117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
<br>
; Search and seizure without warrant
(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) {{AnnSec1|117.04(1)}} exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
<br>
; Return to justice
(3) A peace officer who executes a warrant referred to in subsection (1) {{AnnSec1|117.04(1)}} or who conducts a search without a warrant under subsection (2) {{AnnSec1|117.04(2)}} shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing
:(a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and
:(b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.
; Authorizations, etc., revoked
(4) Where a peace officer who seizes any thing under subsection (1) {{AnnSec1|117.04(1)}} or (2) {{AnnSec1|117.04(2)}} is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.
<br>
{{LegHistory90s|1995, c. 39}}, s. 139; 
{{LegHistory00s|2004, c. 12}}, s. 3.
{{Annotation}}
|[{{CCCSec|117.04}} CCC]
|{{NoteUp|117.04|1|2|3|4}}
}}


{{quotation2|
; Where no finding or application
117.06 (1) Any thing or document seized pursuant to subsection 117.04(1) {{AnnSec1|117.04(1)}} or (2) {{AnnSec1|117.04(2)}} shall be returned to the person from whom it was seized if
:(a) no application is made under subsection 117.05(1) {{AnnSec1|117.05(1)}} within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be; or
:(b) an application is made under subsection 117.05(1) {{AnnSec1|117.05(1)}} within the period referred to in paragraph (a), and the justice does not make a finding as described in subsection 117.05(4) {{AnnSec1|117.05(4)}}.
; Restoration of authorizations
(2) Where, pursuant to subsection (1) {{AnnSec1|117.06(1)}}, any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4) {{AnnSec1|117.04(4)}}, the justice referred to in paragraph (1)(b) {{AnnSec1|117.06(1)(b)}} may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.
<br>
{{LegHistory90s|1995, c. 39}}, s. 139.
{{Annotation}}
|[{{CCCSec|117.06}} CCC]
|{{NoteUp|117.06|1|2}}
}}

Under s.117.05, the officer may apply to forfeit the firearm after 30 days where it can be established that forfeiture is in the "interests of the safety of the person". (see [[Forfeiture Orders#interests of the safety|Forfeiture Orders]])

{{reflist|2}}