Firearm & Weapon Offence

In Canada, gun charges are investigated by dedicated ‘Guns and Gangs’ teams on a mission to combat firearm-related crime and keep Canadians safe. It takes the most experienced firearms lawyers to contest these charges, given the attention they receive from the police, the Crown and the courts.

Weapons offences are taken seriously and aggressively prosecuted. If you are being charged with unlawful Firearm & Weapon Offence, then you should consider retaining a lawyer as soon as possible to defend your rights.

What Is Firearm & Weapon Offence?

It is a criminal offence to unlawfully possess a firearm, to possess a weapon knowing that its possession is unauthorized, or to possess a weapon (such as firearms) for a dangerous purpose.

Unlawful Firearm & Weapon Offence:
Under section 91(1) of the Criminal Code, it is an offence to possess a prohibited firearm, a restricted firearm, or a non-restricted firearm without being the holder of:
- A license under which the person may possess it; and
- In the case of a prohibited or a restricted firearm, a registration certificate for it.
Possession of a weapon knowing that its possession is unauthorized:
Under section 92(1) of the Criminal Code, it is an offence to possess a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of
- A licence under which the person may possess it; and
- In the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
Possession of weapon for a dangerous purpose:
Under section 88(1) of the Criminal Code, it is an offence to carry or possess a weapon, an imitation of a weapon, a prohibited device, or any ammunition for a purpose that is dangerous to the public peace or for the purpose of committing an offence.

What Is a Weapon

Section 2 of the Criminal Code of Canada defines weapons as anything that can be used, designed to be used, or intended to be used:

To cause death or injury of another person, or
For the purpose of threatening or intimidating another person

This definition of a weapon is broad. It includes anything from a pocketknife to firearms.

What Is a Firearm

Section 2 of the Criminal Code of Canada also defines firearms. A firearm is any barrelled weapon from which any shot or bullet can be discharged and that is capable of causing either serious bodily injury or death to a person. It includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm. Essentially, any gun or weapon that can fire bullets or projectiles can constitute a firearm.

Firearm Offences in Toronto

The Canadian Criminal Code has multiple offences related to firearms. These offences can be divided into several groups, with the first one related to the use of firearms, the second one related to unlawful possession and the third to trafficking, importing and exporting.

The “use” offences range from careless use, transportation, handling and storage to pointing a gun at someone or using a firearm to commit an offence. Meanwhile, there are 11 possession offences under Canadian law, with the most common ones involving possession for a dangerous purpose, carrying a concealed weapon, unauthorized possession, possession in an improper place or a vehicle, as well as stealing a firearm.

Trafficking offences include manufacturing, transferring, or offering firearms without authorization under the Firearms Act, involving possession for the purpose of trafficking and transfer without authority.

Punishment for Gun Charges in Ontario?

Many firearm charges in the Greater Toronto Area are hybrid offences, allowing the Crown to proceed either summarily or by indictment depending on the seriousness of the criminal case, the presence of other aggravating factors and other circumstances. The penalties for the most frequent offences include:

Possession offences:

Offense	Description
Possession for a dangerous purpose	If someone is convicted of possessing a weapon or its imitation for a dangerous purpose, they can face up to ten years in prison.
Carrying a weapon when at a public meeting	Having a weapon during a public meeting or on the way to such meeting without holding relevant authorization can lead to summary conviction with a maximum penalty of 2 years in prison less a day and/or a $5,000 fine.
Carrying a concealed weapon	When someone carries a concealed weapon without proper authorization, they can face a maximum sentence of five years if the Crown chooses to proceed by indictment.
Unauthorized possession of a firearm, prohibited or restricted weapons	The offence of unlawful possession is punishable by a maximum sentence of 5 years in prison for indictable conviction.
Possession of guns, weapons or prohibited devices or ammunition knowing that possession is unauthorized	If someone knowingly and unlawfully possesses firearms, prohibited or restricted weapons, devices or ammunition, the maximum sentence increases up to 10 years in prison.
Possession at an unauthorized place	When someone fails to store a firearm, ammunition or prohibited weapon at a proper place as defined by the licence or other applicable regulations, they can face a maximum penalty of five years in jail.
Unauthorized possession in a vehicle	Similarly, an unauthorized possession of guns and restricted or prohibited weapons in a vehicle is punishable by a maximum penalty of 10 years in prison if the Crown proceeds by indictment.
Possession of loaded guns or guns together with ammunition	Penalties for unauthorized possession of a loaded gun or even unloaded firearms with ammunition that can be readily accessed can amount to 14 years in jail.
Possession of a weapon obtained by committing an offence	When a firearm or other restricted weapon or prohibited device is obtained by committing an offence in Canada, the offender faces up to 14 years in confinement.

Use offences:

Offense	Description
Using a firearm to commit an offence	If someone uses a firearm or an imitation to commit an offence, they can face up to 14 years in prison, irrespective of whether they cause or intend to cause bodily harm, in addition to the penalty for accompanying offences.
Careless use of firearms	When someone carries, uses, transports, handles or stores firearms, restricted or prohibited weapons or ammunition without “reasonable precautions” for the safety of others, the maximum penalty can amount to two years in prison for the first offence or five years for subsequent offences.
Pointing a firearm at another person	Pointing a loaded or unloaded firearm at someone is punishable by a maximum sentence of five years for an indictable conviction or two years less a day and/or a fine of $5,000 in a summary conviction.

Defending Firearm Charges in Toronto and the GTA

When facing gun charges in Ontario, you need a firearm offences lawyer to help you navigate the Canadian justice system and avoid hurting your chances for a positive outcome through mistakes. A seasoned legal professional with extensive practice in firearm charges will provide robust defence on all stages of the criminal process, including arrest and bail, pre-trial appearances and trial.

Why Is It Vital to Hire an Experienced Weapons Lawyer?

Facing gun charges in Canada can be a stressful and daunting experience. You do not have to face the criminal justice system on your own. A skillful Toronto all weapons offences lawyer can:

Ensure that your Charter rights were observed during seizure and arrest,
Help you navigate the legal system,
Advise you on your options and available defence strategies,
Negotiate your release on bail,
Obtain full disclosure of evidence against you,
Help make the election of the court,
Vigorously advocate for you during the trial.

All criminal cases are fact-specific and complex. Hiring a firearms and weapons offences lawyer is your best defence in your criminal matter, significantly increasing your chances of obtaining the most favourable possible outcome. Please do not hesitate to contact JSM Law.

Weapons offences are very serious and aggressively prosecuted. Even more serious than a charge for possession of a firearm, is a charge for trafficking firearms. A conviction carries hefty mandatory minimum sentences. If you are being charged with the trafficking of a firearm, then you should consider contacting a lawyer as soon as possible to protect your rights.

What is trafficking of a firearm?

Under the Criminal Code of Canada, it is a criminal offence to transfer weapons, including firearms. The Criminal Code includes a number of different offences, any of which can constitute a weapons trafficking charge:

Weapons trafficking

Under section 99(1) of the Criminal Code, it is a criminal offence for a person to:

Manufacture or transfer, whether or not for consideration, a prohibited weapon/firearm, a restricted weapon/firearm, a non-restricted weapon/firearm, or any ammunition knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament; or
Offer to do anything in respect of a prohibited weapon/firearm, a restricted weapon/firearm, a non-restricted weapon/firearm, or any ammunition knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament.

Possession for the purpose of weapons trafficking

Under section 100(1) of the Criminal Code, it is a criminal offence for a person to possess a prohibited weapon/firearm, a restricted weapon/firearm, a non-restricted weapon/firearm, or any ammunition for the purpose of:

Transferring it, whether or not for consideration, knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament; or
Offering to transfer it knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament.

Transfer without authority

Under section 101(1) of the Criminal Code, it is a criminal offence for a person to transfer a prohibited weapon/firearm, a restricted weapon/firearm, a non-restricted weapon/firearm, or any ammunition to any person otherwise than under the authority of the Firearms Act or any regulations made under any Act of Parliament.

Importing and exporting

Under section 103(1), it is a criminal offence for a person to import or export:

A prohibited firearm/weapon, a restricted firearm/weapon, a non-restricted firearm, a prohibited device, or any prohibited ammunition, knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament; or
Any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, knowing that the person is not authorized to do so under the Firearms Act or any regulations made under any Act of Parliament.

It is important to note that for a charge for trafficking and/or transferring of a firearm to be made out, it is not necessary that you were paid or provided any benefit for it.

Consequences if found guilty:

Due to the dangerous nature of firearms, weapons trafficking offences are prosecuted vigorously and, in many cases, carry mandatory incarceration sentences. You could also face a maximum sentence of ten years for most of the trafficking offences. Only transferring without authority is a hybrid offence that carries a maximum sentence of five years in prison if proceeding by indictment and a maximum sentence of two years less a day and/or a fine of up to $5,000 if proceeding summarily. A lawyer can help you understand the consequences of these offences and work to secure the best possible outcome in the circumstances.

It’s vital to hire a lawyer

Being charged with a criminal offence, such as weapons trafficking, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.

A lawyer can also do much more. They can:

Work to secure your release with the most favourable conditions;
Help you navigate the criminal justice system;
Ensure that the Crown meets its disclosure obligations;
Identify systematic or administrative errors in the criminal process, including Charter rights violations;
Speak to the Crown on your behalf, negotiate, and advise you of your options;
Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
Gather further evidence to support your version of the events;
Obtain a more lenient sentence in the event a guilty plea or conviction is entered.

All criminal cases are complex and fact specific. We have provided general information about how weapons trafficking offences are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.