A bail order that requires you to not possess firearms, explosives, or ammunition usually gives a reasonable time to dispose of the items. The items do not have to be surrendered to the police unless the order specifically says so. When you place the items into storage of a person who is legally entitled to possess the firearms, explosives, and ammunition they are still your property. You can sell them but you cannot possess them. The person storing them cannot sell them.
If you consent to the bail order there is no ability to challenge it. If you do not consent and it is decided at a bail hearing called a show cause hearing, you can apply for a review of the decision.
The order will remain until the main criminal charge is dealt with. When this is written it will be about 6 to 8 months.
These orders are always a term of release if there is any firearms offense, including unsafe storage.
The fact that you may later be found innocent of the criminal charge is not important at the time of the interim release hearing. What is important is to ensure the safety of the public during the time you are released and until trial. To a person who feels wrongfully charged this will be a great frustration.
This great immediate consequence is the best reason to be very sure of compliance with safe storage, safe transport and safe use of firearms, explosives and ammunition. It is better to be overly safe than to be on the border line where a judge will determine if your behaviour is criminal because while you wait months for a judge to exonerate you, you will likely not be able to shoot.
EDWARD L. BURLEW, LL.B.
Barrister and Solicitor
16 John Street
Thornhill, Ontario L3T 1X8
1-888-GUN-LOSS
MY COMMITMENT IS TO VIGOROUSLY ADVOCATE YOUR LEGAL RIGHT TO BEAR ARMS, TO PROTECT YOUR HERITAGE RIGHTS, TO HOLD TRUE TO THE TRADITIONS OF SPORTSMEN
Information in this advisory is general in nature and should not be acted upon without specific professional advice.
