STOP Saying Owning a Gun in Canada is a “RIGHT”

Rob Kivlichan Jun 24, 2022

Before reading this, I disagree with the handgun ban in Canada. I’ve said numerous times banning handguns will do nothing to curb gun violence in Canada. There is no data which suggests legal guns are the cause of gun-related homicides in Canada. By banning handguns, Prime Minister Trudeau is only pandering to his base and trying to profit from the horrible tragedy in Uvalde, TX. Trudeau is the walking embodiment of insincerity.

Earlier this week, I started a sh*t storm on Twitter when I responded to Joe Rogan’s comments about guns in Canada. I’m not going to lie; I enjoyed the confrontation. In fairness, I am a criminal defence lawyer and my job is adversarial in nature. Basically, I like to stir the pot.

I’m actually a pretty big fan of Joe Rogan. I listen to his podcast on a regular basis. Joe Rogan has compelling guests, asks insightful questions, and often makes astute observations about society, politics, religion, etc. He also has that “every man” appeal and has the special ability to make you feel like you are listening to a couple of buddies chew the proverbial fat while discussing some pithy subject matter.

That being said, Joe Rogan made the mistake of commenting about gun laws in Canada on his podcast when he had no clue what he was talking about. On Episode 1831 with guest Colion Noir, Joe Rogan criticized Prime Minister Trudeau’s comments about guns in Canada. While I am sympathetic with anyone who wants to criticize Canada’s Trust-Fund-Baby-in-Chief, Joe Rogan’s comments were without merit, basis, or truth.

The Difference between a Right and A Priviledge Is Clear

I encourage you to listen to the episode as it details some common misconceptions about firearms in Canada. For instance, the podcast mentions “gun rights” and the “right to bear arms” in Canada. There is no such thing here. Owning a firearm in Canada is a privilege, not a “right”. By definition, a “right” is derived from the Constitution and, in Canada, is based in the Canadian Charter of Rights and Freedoms.

Section 5 of the Firearms Act lists a number of ways a private citizen will be denied access to legal gun ownership in Canada. I will not list them here. I’m a lawyer and even I find legislation boring. However, in section 5(1) of the Firearms Act, there is a catch-all provision which says a private citizen can be denied a firearms license “if it is desirable, in the interests of safety…”.

In short, owning a gun in Canada is a privilege, not a right. There is no right to bear arms in Canada. The federal government is well-within its rights to ban any and all firearms in Canada. We are not a gun-owning culture or nation.

If anyone would like have an in-depth discussion about firearms legislation in Canada, just reach out. You know where to find me.


Rob Kivlichan

Rob Kivlichan is a criminal and constitutional lawyer specializing in cases of domestic violence, sexual assault, and violent crimes. Rob actively seeks out cases involving the wrongfully accused and where an individual's Charter rights have been violated. Never a stranger to controversy, Rob writes about criminal justice reform and protecting the rights of Canadians against an oppressive state. Rob can be reached toll free at 1 (866) 489-1710, (416) 560-7757, or [email protected]

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