Canada has strict laws governing the possession, use, and storage of guns and firearms. The Criminal Code of Canada (the “Criminal Code“) outlines a complex framework for various gun and firearm offences, all carrying severe penalties. Weapons offences are taken seriously by the courts and are aggressively prosecuted. As such, if you are facing firearms charges, it is important to work with an experienced criminal defence lawyer who can ensure that your case is handled appropriately.
This blog post will provide an overview of the key firearm offences, the potential consequences and penalties, and the importance of seeking legal counsel if you face firearms charges.
Defining Firearms and Weapons Under the Criminal Code
Section 2 of the Criminal Code defines firearms as a “barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.”
The Criminal Code also broadly defines weapons as “any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person.” In other words, anything that may be used to cause injury, serious harm, or death or is used to threaten someone can be considered a weapon. Using such an object to commit an offence like assault, theft, or sexual assault will be considered an aggravating factor which can result in serious criminal consequences.
Types of Firearms and Their Regulation
Before delving into specific firearms offences, it is essential to understand the classification of firearms in Canada. There are three general classifications of firearms, specifically:
- Non-restricted firearms: These are firearms that are not prohibited or restricted, and their possession typically requires a Possession and Acquisition Licence (PAL) (ex. shotguns and rifles).
- Restricted firearms: These firearms have specific restrictions, such as requiring a Restricted Possession Licence (RPL) and secure storage requirements (ex. non-prohibited handguns).
- Prohibited firearms: These firearms are illegal to possess under any circumstances, with limited exceptions for law enforcement and collectors (ex. automatic firearms).
Common Firearms Offences
The Criminal Code outlines a range of firearm offences. These offences can be divided into several categories relating to:
- the use of firearms,
- unlawful possession of firearms, and
- trafficking, important and exporting firearms.
Many weapons and firearms offences are hybrid offences with a Crown election. Some of the most common weapons and firearms offences include:
Careless storage of a firearm
This offence occurs when a firearm is stored unsafely, potentially leading to its theft or misuse and is punishable by up to 2 years in prison.
Carrying a concealed weapon
If a person is charged with carrying a concealed weapon without proper authorization, they may face up to five years in prison if the Crown proceeds by indictment.
Unauthorized possession of a firearm
This offence applies to individuals who possess a firearm that is not registered to them or for which they do not have the necessary authorization. It is punishable by up to five years in prison.
Unauthorized possession in a vehicle
If you are charged with unauthorized possession of a firearm in a vehicle, this offence is punishable by a maximum penalty of 10 years in prison if the Crown proceeds by indictment.
Possession of a weapon for a dangerous purpose
This offence is typically charged when a firearm is used in a threatening or intimidating manner. If you are convicted of this offence, you may face up to 10 years in prison.
Using a firearm in the commission of an offence
When a firearm is used to commit another crime, such as robbery or assault, it can result in more severe penalties. If you are convicted of this offence, you may face up to 14 years in prison, regardless of whether you did, or intended to cause bodily harm. This sentence is in addition to the penalty for the accompanying offences.
Careless use of firearms
This offence includes carrying, using, storing, transporting, or handling firearms without “reasonable precautions” intended to protect the safety of others. It can result in a two-year sentence in prison for a first-time offender and up to five years in prison for subsequent offences.
The Importance of Working With Experienced Legal Counsel to Defend Against Your Firearms Charges
Due to the inherently dangerous nature of firearms, related criminal charges can result in serious, life-altering consequences; even a simple possession charge for a first-time offender may result in jail time and/or fines. Each criminal case is different and will be decided based on its specific facts and circumstances. Therefore, if you are facing firearms charges, it is crucial to seek legal advice from an experienced criminal defence lawyer as soon as possible.
An experienced criminal defence lawyer can assess the circumstances of your case, consider the strength of the Crown’s case against you, and ensure that your Charter rights were observed during your seizure and arrest. Your lawyer will help you navigate the legal system each step of the way, advise you on your options and available defence strategies, and vigorously advocate for your rights and interests during the process. Working with experienced legal counsel will increase your chances of securing a favourable outcome at trial.
Contact the Weapons Lawyers at Barrison Law for Representation Against Guns and Firearms Offences
The talented team of skilled criminal defence lawyers at Barrison Law in Oshawa regularly represent clients facing guns and weapons charges in Ontario. Criminal legal proceedings relating to weapons charges involve complex processes and require careful consideration. We work closely with each client to understand the circumstances of their case and develop tailored defence strategies.
Our office is located across the street from Durham Consolidated Courthouse and we offer a 24-hour phone service for individuals requiring immediate assistance. To speak with one of our criminal defence lawyers regarding your weapons charges, contact us by phone at 905-404-1947 or reach out to us online.