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Weapons offences, under the Criminal Code, generally pertain to the illegal possession or use of prohibited or restricted firearms and other weapons, including parts of weapons such as cartridge magazines and ammunition, designated under the Criminal Code of Canada. Firearms offences vary and can be grouped under a few general types of charges such as:
- Possession Offences
- Trafficking Offences
- Assembling Weapons Offences
- Import / Export Offences
Weapons charges carry quite severe penalties and you will need a criminal lawyer with experience in this arena to beat them. Call us today to find out how we can defend against these types of offences.
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Types of Weapon Offences
Using firearm in commission of offence
- 85(1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
- (a)while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
- (b)while attempting to commit an indictable offence; or
- (c)during flight after committing or attempting to commit an indictable offence.
- Using imitation firearm in commission of offence
(2) Every person commits an offence who uses an imitation firearm
- (a)while committing an indictable offence,
- (b)while attempting to commit an indictable offence, or
- (c)during flight after committing or attempting to commit an indictable offence,
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Possession Offences
Possession of weapon for dangerous purpose
- 88(1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
Defending Weapons & Firearms Charges
A strong defence requires careful review of all evidence, including:
- Police search procedures and warrant compliance
- The circumstances of possession, storage, and transport
- Whether the Crown can prove knowledge, intent, or usage of the weapon
Even seemingly straightforward cases may contain procedural errors or Charter breaches that can be leveraged to reduce or dismiss charges.
FAQs About Weapons & Firearms Charges
The charges differ based on the situation, but some common firearms possession-related are:
- Possession of a weapon for dangerous purpose
- Carrying a weapon while attending a public meeting
- Carrying a concealed weapon
- Unauthorized possession of a firearm
- Unauthorized possession of a prohibited or restricted weapon
The penalties will depend on the type of charge, but we can have a general idea of some of the penalties based on the charge. Below we've listed some possible charges along with penalties that may be a result of them.
- Possession: 5 years to maximum life imprisonment
- Trafficking: 3 to 10 years
- Assembling: 1 to 10 years
Contact us today for more information on your charge and how we can defend your case to avoid these sentences.
- A barrelled weapon that is capable of releasing a bullet, shot or projectile which can cause severe bodily injury or death.
- The term "firearm" includes all firearms, including those that are adapted to be used as guns.
- Air pistols may be classified firearms if they fire projectiles with high velocity and the potential to cause serious injuries or death.
A weapon is defined in Section 2 of the Criminal Code of Canada.
- The object is used, intended, or designed to be used.
- (a) To cause injury or death.
- Threatening or intimidating is a verb.
- For specific legal provisions this definition also includes objects that are used to restrain or bind a person without their consent.
A prohibited firearm is defined in Section 84(1).
- Handguns that have barrels less than 105 mm in diameter or are designed to fire.25-caliber or.32-caliber cartridges, except for use at specific international sporting events.
- Firearms that are modified from shotguns or rifles and have barrels less than 457mm or a total length of under 660mm.
- Even if they are modified to fire one shot per trigger press, automatic firearms will still be considered a weapon.
- Any firearm prohibited by law.
A replica firearm is defined in Section 84(1) as:
- Any object which imitates a gun, including replicas.
A restricted firearm is defined in section 84(1) as:
- Handguns that are not prohibited.
- Semi-automatic firearms with barrels under 470mm can fire center-fire ammunition.
- A firearm that is designed to fire when it's shortened below 660mm.
- All firearms that are restricted.
A prohibited weapon is defined in Section 84(1) as:
- Knives with automatic blade opening mechanisms, such as those that use centrifugal or gravity force, buttons, springs, etc.
- Other weapons prohibited by law
This offence is defined in Section 88 as:
- Carrying, possessing, or using a prohibited device or ammunition, an imitation weapon or a weapon in a way that is dangerous to the public peace, or to commit a crime.
- Penalties:
- Offences punishable by indictment: up to 10 years' imprisonment
- Summary conviction: Lesser penalty
