Using an Illegal Firearm or Equipment in Ontario:

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Last Updated: September 13 2026

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Question: I’m in Ontario and received a hunting ticket for using an illegal firearm or equipment, what should I do before the court deadline?

Answer: DefendCharges.ca™ can help you respond to an Ontario Hunting act provincial offence notice by reviewing the exact charge wording, section number, prohibited firearm or equipment details, and your hunting facts (species, season, WMU, date/time, location, and how the item was used) so you know whether the set firearms, shotgun capacity, prohibited ammunition, calibre or gauge, or other restrictions actually apply.   Don’t panic or automatically pay without checking what the Conservation Officer must prove and what defences or evidence to preserve, including photos, videos, licence or authorization records, ammunition packaging, GPS data, and the item’s condition.   Call (647) 559-3377 to discuss next steps and document control today.

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Using an Illegal Firearm or Equipment in Ontario

Received a hunting ticket or summons for Using an Illegal Firearm or Equipment in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge concerns a firearm, ammunition, hunting equipment, substance, animal, or hunting method that the Conservation Officer says was not permitted for the hunting activity described on your ticket or summons.  On this page, equipment simply means hunting gear or devices used or carried during the hunt, such as a shotgun plug, firearm part, ammunition, or another hunting device.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  Being charged does not automatically mean you will be convicted.  A firearm, ammunition, or piece of equipment can be lawful to own or use generally but still be prohibited for a particular species, season, location, or hunting method.  This page covers several different offences, so the exact wording and section number on your documents are important.

This page explains charges involving set firearms, shotgun capacity, prohibited ammunition, prohibited firearm types, calibres, gauges or shot, poison and adhesives, hunting with a ferret, unauthorized birds of prey, and other prohibited hunting equipment or devices.  It also explains what must be proven, current fines, evidence, possible defences and legal issues, and what may happen next.  These charges are part of Hunting Method & Firearm Charges.

I Received an Illegal Firearm or Equipment Ticket or Summons.  What Should I Do?

A summons is a court document requiring you to attend court or respond as directed.  Read every document carefully and do not miss the response deadline or required court date.

Start with the exact offence wording and section number.  Identify exactly what the Conservation Officer says was prohibited and whether the charge concerns a firearm, ammunition, shotgun capacity, calibre, gauge, shot, poison, adhesive, ferret, bird of prey, or another hunting item or method.

Record what you were hunting, the date and time, the exact location and Wildlife Management Unit, commonly called a WMU, if relevant.  A Wildlife Management Unit is a numbered area Ontario uses to set hunting seasons and other hunting rules.  Also record who owned, possessed, carried, or used the item involved.  Possession generally means having or controlling an item and does not necessarily mean that you owned it.

Keep photographs, videos, hunting documents, firearm or equipment records, ammunition packaging, manuals, receipts, licence or authorization records, GPS information, messages, and witness information.  Preserve the firearm, ammunition, equipment, substance, or other disputed item in its existing condition where possible.  Do not alter, repair, clean, modify, discard, or otherwise change potentially important evidence in a way that could affect the case.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction, meaning a finding of guilt.  Before paying, identify the exact offence because the legal requirements and set fines differ depending on what firearm, ammunition, equipment, substance, animal, or hunting method is identified in the charge.

The amount printed on a ticket is also not necessarily the only possible consequence of a conviction.  Depending on the offence and circumstances, there may be issues involving hunting privileges, property taken during the investigation, or additional charges arising from the same incident.

What Is a Using an Illegal Firearm or Equipment Charge?

Using an Illegal Firearm or Equipment is a plain English page title covering several Ontario hunting offences involving firearms, ammunition, equipment, substances, animals, or hunting methods that were prohibited in the particular circumstances.  It is not one single statutory offence with one legal test or one set fine.

Some charges concern the firearm, ammunition, or equipment itself.  Others depend on what you were hunting, the season, the Wildlife Management Unit, the firearm permitted for that hunt, the calibre or gauge, or how an item was being used.

A firearm or piece of equipment can therefore be lawful to own generally and still be prohibited for a particular hunt.  A separate federal firearms or Criminal Code charge shown on your documents is legally different from the Ontario hunting offences discussed on this page and must be reviewed separately.

The exact wording and section number on your ticket or summons determine which prohibition the prosecutor must prove.  Other firearm, equipment, and hunting method offences are organized within Hunting Method & Firearm Charges.

What Firearms, Equipment, or Methods May Be Involved in the Charge?

Set or Unattended Firearms

A set firearm is a firearm used to hunt wildlife in a manner designed to allow it to discharge while it is not being physically held by the person.  The issue is how the firearm was arranged to operate, not simply whether someone temporarily stopped holding it.

A firearm resting in a rack, case, vehicle, camp, or hunting location is not automatically a set firearm.  If this is your charge, photographs, the firearm's position, supports, cords, trigger arrangements, electronic components, or other evidence showing how it was configured may be important.

Shotgun Capacity

Ontario prohibits hunting with a shotgun unless it has been permanently plugged or altered so that it cannot hold more than three shells in total in the chamber and magazine.  The magazine is the part of the shotgun that holds shells before they are moved into the chamber.  A shotgun plug is a device used to limit how many shells the magazine can hold.

If your charge concerns shotgun capacity, the important questions are how many shells the shotgun could hold, whether it had the required permanent plug or alteration, and whether the firearm examined by the Conservation Officer is the firearm connected to your charge.

Prohibited Ammunition

Prohibited ammunition means ammunition that Ontario hunting law does not allow you to possess, carry, or use in the particular hunting circumstances.  Ammunition means the cartridges or shotgun shells loaded into or used with a firearm.  The ammunition itself may be legal to own, but it can still be prohibited because of what you were hunting, where you were hunting, the season, the firearm being used, or the type or size of ammunition.

If your charge concerns prohibited ammunition, the important questions are what ammunition you had or used, whether it can be connected to you, where and when you were hunting, what wildlife you were hunting, and whether the particular Ontario restriction actually applied.

Ammunition that is lawful to possess or use in other circumstances is not necessarily lawful for every Ontario hunt.  The exact ammunition and the hunting circumstances therefore need to be matched to the particular offence on your ticket or summons.

Prohibited Firearm Types, Calibres, Gauges, or Shot

Ontario also restricts certain firearms and ammunition characteristics during particular hunts.  Calibre refers to the size designation associated with a rifle or cartridge.  Gauge refers to the bore size of a shotgun.  Shot means the pellets contained inside a shotgun shell, not the act of firing the firearm.

A firearm class is a category Ontario uses to say which types of hunting equipment are allowed during a particular deer, elk, or moose season.  Different seasons can permit different combinations of bows, muzzle-loading guns, shotguns, or rifles.

The important issue for your charge is not how the firearm or ammunition works internally.  The issue is whether the firearm, calibre, gauge, shot, or ammunition identified in the evidence was prohibited for the species, season, location, or hunting activity involved.

A firearm can therefore be completely lawful to own and still be prohibited for the particular hunt described on your ticket or summons.

Poison and Adhesives

Ontario prohibits using poison or adhesives to kill, injure, or capture wildlife unless a legal exception applies.  If your charge concerns poison or an adhesive, the substance involved, how it was being used, the wildlife involved, and any applicable exception may be important.

Hunting With a Ferret

Ontario prohibits hunting with a ferret.  The issue is not whether the ferret could lawfully be owned.  The charge concerns whether a ferret was being used for hunting.

Unauthorized Birds of Prey

A raptor is a bird of prey.  A specially protected raptor is a bird of prey that Ontario places in a specially protected legal category.  Ontario generally prohibits hunting with a specially protected raptor or another bird of prey unless the activity is authorized under Ontario's regulated falconry rules.

Falconry means hunting with an authorized bird of prey under the applicable regulatory system.  If your charge involves a bird of prey, the species of bird, who was using it, the wildlife being hunted, and the applicable falconry licence or authorization records may matter.

Other Prohibited Hunting Equipment or Devices

Other equipment charges can involve hunting gear, mechanisms, or devices restricted by a particular Ontario hunting rule.  This does not mean unusual hunting equipment is automatically illegal.  The important questions are what the item was, how it was being used or carried, and what specific rule is identified on your ticket or summons.

If the item does not fall within one of the categories described above, the starting point should still be the exact offence wording and section number rather than assuming that every equipment charge has the same requirements.

What Law Applies?

The principal rules are found in Ontario's Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 665/98, the Hunting Regulation.  The Act contains the prohibitions involving set firearms, shotgun capacity, birds of prey, ferrets, poison, and adhesives.

The Hunting Regulation contains additional firearm and ammunition restrictions that depend on the species, season, location, firearm class, calibre, gauge, shot, or type of hunting.  The exact provision on your ticket or summons determines which rule needs to be considered.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove every required part of the particular charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

Because this page covers several different offences, there is no single proof checklist.  Depending on the charge, the prosecutor may need to establish:

• Your identity as the person involved;
• The firearm, ammunition, equipment, substance, animal, or device identified in the charge;
• Whether you used, carried, possessed, or controlled the item in the manner prohibited by the particular provision;
• The wildlife species, date, location, Wildlife Management Unit, open season, firearm class, or other hunting circumstances that were legally relevant;
• The calibre, gauge, ammunition, shot, capacity, configuration, or other characteristic relied upon by the prosecution;
• That the particular prohibition actually applied to your hunting activity; and
• Any other requirement of the offence written on your ticket or summons.

For a set firearm charge, for example, the issue is whether the firearm was used to hunt wildlife in a manner designed to permit it to discharge while not physically held.  For firearm or ammunition charges, the issue may instead be whether the particular item was used, carried, or possessed during a hunt where the applicable rule prohibited it.

For a ferret, bird of prey, poison, or adhesive charge, the prosecutor must prove the conduct required by that particular offence.  Where a legal exception or regulated authorization is relied upon, its requirements and the evidence supporting it must also be considered.

Does This Charge Require an Animal to Have Been Killed?

No, not for several offences covered on this page.  A successful harvest is not necessarily required where the charge concerns prohibited equipment or a prohibited hunting method.  The exact offence wording still determines what the prosecutor must prove.

What Is the Fine?

There is no single set fine for Using an Illegal Firearm or Equipment because this page covers several different offences.  A set fine is the preset fine used when a particular offence is dealt with by ticket.

The exact offence wording and section number should therefore be matched to the current Ontario Court of Justice set fine schedule that applies to that provision.

Fish and Wildlife Conservation Act Charges

• Use set firearm to hunt: no set fine is assigned under section 18;
• Hunt with shotgun not permanently plugged: $100 under section 19;
• Unlawfully hunt with specially protected raptor: $300 under subsection 27(1);
• Unlawfully hunt with bird of prey: $300 under subsection 27(1);
• Hunt with ferret: $100 under section 28;
• Unlawfully use poison: $150 under subsection 29(1); and
• Unlawfully use adhesives: $150 under subsection 30(1).

Hunting Regulation Firearm and Ammunition Charges

• Unlawfully possess prohibited ammunition in WMU 7A: $150 under subsection 67(1);
• Unlawfully possess centre-fire rifle in WMU 7A: $150 under subsection 67(2);
• Use or carry prohibited firearm during a deer, elk, or moose hunt: $300 under section 70;
• Use rim-fire rifle, prohibited shotgun, or prohibited shot when hunting big game: $300 under section 75;
• Unlawfully possess or use centre-fire rifle or prohibited shells while small game hunting: $300 under subsection 77(1); and
• Carry or use a rifle greater than .275 calibre in specified areas while small game hunting: $200 under section 78.

The technical terms in this list reflect the particular offence wording.  What matters to your case is whether the firearm or ammunition identified by the charge falls within that prohibition, not learning the internal construction of the ammunition.

The set fine is not necessarily the total amount payable.  A victim fine surcharge is an additional amount Ontario adds to a fine after conviction.  Applicable court costs may also be added.

The Fish and Wildlife Conservation Act, 1997 also provides a general maximum penalty for an individual of a fine of up to $25,000, imprisonment for up to one year, or both.  Those are maximum penalties established by law and are not the automatic or usual result of an ordinary ticket for one of these offences.

Can This Charge Affect My Hunting Licence or Hunting Privileges?

A hunting licence cancellation or prohibition is not automatic simply because you have been charged with one of these offences.  A charge is not a conviction.

After conviction, Ontario law can permit a court to make certain discretionary orders affecting a licence or authorization related to the offence.  If such an order is made concerning a licence or authorization you already hold, cancellation can follow as required by the Act.

The possibility of a licence related order depends on the particular offence and circumstances and should be considered separately from the amount of any set fine.

What Evidence May Be Used?

The evidence depends on what firearm, ammunition, equipment, substance, animal, or hunting method is identified in your charge.  Relevant evidence may include:

• The firearm, shotgun, ammunition, substance, animal, device, or other equipment involved, including relevant markings, specifications, capacity, calibre, gauge, packaging, manuals, or receipts;
• Photographs or videos showing the item's condition, configuration, position, or use, including trigger arrangements, cords, supports, mounting equipment, or electronic components where relevant;
• Falconry licences, bird identification records, Small Game Licence records, hunting documents, or other licence and authorization records where relevant;
• The wildlife species, hunting activity, date, open season, firearm class, Wildlife Management Unit, maps, GPS information, and exact location;
• Conservation Officer notes, photographs, videos, recordings, observations, and other investigation records;
• Witness statements, trail camera images, messages, phone photographs, GPS tracks, and other electronic information; and
• Evidence showing who owned, possessed, carried, controlled, or used the disputed item, including statements attributed to you or other people involved.

Disclosure is the relevant information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  Disclosure should be obtained and reviewed before important decisions are made about a disputed charge.

What Possible Defences or Legal Issues May Apply?

The defence depends on the exact offence, item, wildlife, season, location, hunting activity, and available evidence.  Not every defence or legal issue applies to every charge covered on this page.

The Item Did Not Fall Within the Prohibition

The firearm, ammunition, shot, calibre, gauge, substance, animal, or device may not match what the particular provision prohibits.  Specifications, markings, measurements, photographs, and physical evidence may be important.

The Restriction Did Not Apply to Your Hunt

A firearm or ammunition restriction may depend on the species, open season, Wildlife Management Unit, firearm class, location, or other circumstances.  An item permitted during one hunt may be prohibited during another, so the correct rule must be matched to the hunting activity described in your charge.

You Did Not Use, Carry, or Possess the Item as Charged

Different offences prohibit different conduct.  Some concern use, others carrying or possession, and others a particular hunting method.  A shared vehicle, camp, blind, firearm, ammunition supply, or collection of equipment does not automatically establish that every person present committed the offence.

The Firearm Was Not a Set Firearm

A firearm that was resting, stored, supported, or temporarily unattended is not automatically a set firearm.  The evidence must establish that it was being used to hunt wildlife in a manner designed to permit it to discharge while it was not physically held.

A Legal Exception or Authorization Applied

Some prohibitions contain specific exceptions or regulated authorizations.  Falconry is one example because Ontario permits certain hunting with authorized birds when the applicable requirements are satisfied.

The poison and adhesive provisions can also have exceptions provided by law.  Any exception or authorization should be checked against the exact provision and evidence rather than assuming that a general hunting licence authorizes the activity.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  The Fish and Wildlife Conservation Act, 1997 recognizes this defence where its legal requirements are established.

Depending on the charge, relevant evidence may include steps you took to confirm the firearm class, calibre, gauge, ammunition, Wildlife Management Unit, season, equipment specifications, shotgun capacity, or applicable authorization.

Honest and Reasonable Mistake of Fact

An honest and reasonable mistake of fact means honestly and reasonably believing facts that, if true, would make the conduct innocent.  Ontario law recognizes this defence where its legal requirements are established.

The factual issue might concern the identity or specification of the item, who possessed it, the location, the applicable hunting circumstances, or another fact relevant to the charge.  A mistake about a fact is different from simply not knowing what the law requires.

Evidence, Search, or Statement Issues

Firearms, equipment examinations, Conservation Officer observations, photographs, electronic records, witness accounts, searches, and statements should be reviewed carefully.  Their accuracy, reliability, completeness, context, and lawful use may affect whether the particular charge is proven.

Could the Firearm or Other Property Be Seized?

Yes, where the legal requirements for seizure are met.  A seizure means property has been taken into official custody.  Firearms, ammunition, equipment, substances, electronic devices, vehicles, or other property connected with the investigation may be seized where Ontario law authorizes it.  Seizure does not itself establish that you are guilty.

Forfeiture means permanent loss of ownership and is different from temporary seizure.  Following a conviction, seized property may be subject to a forfeiture order where the legal requirements are satisfied.  If property was taken in your case, the seizure documents should be reviewed with the charge.

What Happens Next?

Your ticket or summons should identify the next procedural step and any response deadline or court date.  Do not miss that deadline while obtaining legal advice, requesting disclosure, or deciding how to respond.

After disclosure is obtained, the exact charge can be compared with the firearm, ammunition, equipment, wildlife, season, location, Conservation Officer observations, licence or authorization records, and any defence or exception supported by the evidence.

The prosecutor may withdraw the charge, meaning the charge is no longer being pursued, or the matter may be resolved by a guilty plea or another agreement, or proceed to trial.  The appropriate response depends on the exact offence, evidence, possible consequences, and legal issues in your case.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, and activity involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

Have Questions About Hunting Charges?

Whether you have been charged with one hunting offence or several, understanding your legal options is important.  DefendCharges.ca™ can review your case, explain the charges you are facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Using an Illegal Firearm or Equipment covers several different Ontario hunting offences rather than one single statutory charge;
• A firearm, ammunition, or piece of equipment can be lawful to own but prohibited for the particular species, season, location, or hunting method involved;
• The page covers set firearms, shotgun capacity, prohibited ammunition and firearm restrictions, poison and adhesives, ferrets, unauthorized birds of prey, and other prohibited hunting equipment;
• The exact offence wording and section number determine what the prosecutor must prove and which set fine, if any, applies;
• Firearm and ammunition restrictions can depend on the species, season, Wildlife Management Unit, firearm class, calibre, gauge, shot, capacity, or type of hunting;
• The set fines listed on this page range from $100 to $300, while the section 18 set firearm offence has no assigned set fine; and
• Firearms or other property may be seized where legally authorized, but seizure does not establish guilt.

Conclusion

Your Using an Illegal Firearm or Equipment charge should be reviewed using the exact firearm, ammunition, equipment, substance, animal, wildlife, season, location, and hunting method identified in the evidence.  The fact that an item was lawful to own or permitted during another type of hunt does not establish that it was permitted in the circumstances of your charge.

Before paying a ticket or entering a plea, review the exact offence wording, physical evidence, applicable equipment or hunting rule, season and location information, disclosure, possible exceptions or defences, property issues, and potential consequences.  Legal representation can help determine which specific offence must be addressed and whether the evidence proves it.