Supreme Court of Canada Reserves Decision on Federal Firearms Ban
The Supreme Court of Canada has reserved its decision after hearing two days of arguments over the federal government's authority to ban thousands of firearm varieties. The case, led by licensed owners and gun rights groups, challenges whether the cabinet can prohibit firearms under the Criminal Code. An amnesty period for disposing of banned weapons has been extended until 90 days after the court rules.
The Supreme Court of Canada has reserved its decision following two days of hearings in Ottawa on the legality of the federal government’s ban on specific firearms. A ruling is not expected for several months.
In 2020, following a mass killing in Nova Scotia, the Canadian government prohibited the use, sale, and importation of approximately 1,500 firearm varieties. That list has since expanded to 2,500 varieties, including models such as the AR-15 and the Ruger Mini-14.
The legal challenge is being led by licensed firearm owners, hunters, sport shooters, and the Canadian Coalition for Firearm Rights. The core question before the court is whether the Governor in Council had the authority under the Criminal Code to use regulations to outlaw firearms considered "reasonable for use in Canada for hunting or sporting purposes."
Both the Federal Court and the Federal Court of Appeal previously ruled in favor of the government, upholding the ban. Federal Court of Appeal Chief Justice Yves de Montigny stated that inherent danger and public safety concerns are valid considerations when determining if a firearm's use is reasonable for hunting or sport.
The appellants argue that the lower courts failed to consider whether the prohibited items were actually used for hunting or sport shooting, maintaining that the banned firearms were legitimately used by hunters and sport shooters.
Gun owners who declared prohibited firearms were asked to surrender them for compensation. Owners face criminal charges if they do not dispose of the weapons within the designated amnesty period. The original disposal deadline was Oct. 30, but the government has extended the amnesty period until 90 days after the Supreme Court delivers its decision.
The outcome of the case will determine the validity of the federal government's regulatory power to ban specific firearms.