Seizure of Firearms
| This page was last substantively updated or reviewed March 2017. (Rev. # 95463) |
General Principles
Firearms can be seized by one of several methods:
- general warrantless seizure powers under s. 489;
- warrant seizure powers under s. 487;
- exigent seizure powers when firearm believed to be involved in an offence under s. 117.02;
- seizure from a person without documentation under s. 117.03; and
- seizure on belief of danger to self or public (no warrant if exigent) under s. 117.04.
Exigent Circumstances Under s. 117.02
Under s.117.02, an officer believes that a firearm or related item[1] "was used in the commission of an offence" or where there was, or is ongoing, an offence where the subject-matter is a firearm or related item[2] and the officer believes the item "is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house", then the officer may search the premises or person without a warrant, so long as it under exigent circumstances where it "would not be practicable to obtain a warrant."[3]
Section 117.02 can authorize the warrantless search of a bag that they are told contains a loaded handgun in exigent circumstances.[4]
Section 117.02 states:
- Search and seizure without warrant where offence committed
117.02 (1) Where a peace officer believes on reasonable grounds
- (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or
- (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,
and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.
- Disposition of seized things
(2) Any thing seized pursuant to subsection (1) [search and seizure for firearms without warrant – power] shall be dealt with in accordance with sections 490 [detention, access and disposal of things seized] and 491 [forfeiture or return of weapons and ammo].
1995, c. 39, s. 139.
- ↑ a prohibited device, any ammunition, any prohibited ammunition or an explosive substance
- ↑ firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance
- ↑ see also s 487, 487.11
- ↑
R v Narayan, 2007 BCCA 429 (CanLII), 245 BCAC 243, per Finch CJ
Seizure on Failure to Produce Authorization
- Seizure on failure to produce authorization
117.03 (1) Despite section 117.02 [search and seizure for firearms without warrant], a peace officer who finds
- (a) a person in possession of a prohibited firearm, a restricted firearm or a non-restricted firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or
- (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,
may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.
- Return of seized thing on production of authorization
(2) If a person from whom any thing is seized under subsection (1) [seizure on failure to produce authorization] claims the thing within 14 days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,
- (a) a licence under which the person is lawfully entitled to possess it, and
- (b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,
the thing shall without delay be returned to that person.
- Forfeiture of seized thing
(3) Where any thing seized pursuant to subsection (1) [seizure on failure to produce authorization] is not claimed and returned as and when provided by subsection (2) [return after seizure on failure to produce authorization], a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs.
1995, c. 39, s. 139; 2012, c. 6, s. 8; 2015, c. 27, s. 33.
Failure to Produce Authorization
Under s. 117.03, where a person is found in possession of a firearm or related items and cannot produce the appropriate documents authorizing them to possess it, an officer may seize the items. If the proper documentation is produced within 14 days, the officer must return the items seized. If 14 days pass without producing the authorization, the officer may apply to the court to have the firearm forfeited.