07 / 12 · Criminal Code, ss. 86 – 117
Weapons Offences
Weapons offences are technical, and small details matter. We examine how the item was found, who possessed it, and whether the search respected your Charter rights.
- Unauthorized possession of a firearm
- Careless storage of a firearm
- Prohibited or restricted weapons
- Carrying a concealed weapon
What is at stake
Why this charge needs a real defence.
Firearm offences are among the most heavily punished in the Criminal Code. Possessing a loaded prohibited or restricted firearm carries up to 10 years, and courts routinely impose penitentiary sentences. Bail is harder to obtain because many of these charges place the burden on the accused to justify release, and a conviction brings a mandatory weapons prohibition.
How it is done
How we build your defence.
- 1
Fight for bail
Because the onus is often reversed, a firearm bail hearing has to be prepared thoroughly: strong sureties, a strict supervision plan, and a clear answer to the court's public safety concerns.
- 2
Attack the search
Guns are usually found in car stops, searches of homes, or searches after arrest. We examine the warrant, the grounds for the stop, and each step police took. An unlawful search can result in the firearm being excluded.
- 3
Contest possession
The Crown must prove you knew the weapon was there and had control over it. In a shared car or residence, that is often the weakest part of the case.
- 4
Check the technical elements
Classification, operability, licensing, and storage rules are technical. We review the forensic reports and, where warranted, retain an independent expert.
What we look for
The issues that decide these cases.
- 01
Knowledge and control
A passenger in a car, or one of several people in a home, is not automatically in possession of what is found there.
- 02
Unreasonable search
Section 8 Charter breaches are the most common route to an acquittal in firearm cases.
- 03
Arbitrary detention and profiling
Stops that were not based on real grounds can lead to exclusion of the evidence.
- 04
Classification
Whether an item legally counts as a firearm or a prohibited weapon is a technical question the Crown has to prove.
Possible outcomes
What a good result can look like.
- Release on bail despite a reverse onus
- Exclusion of the weapon and acquittal
- Acquittal where possession cannot be proven
- Reduction to a less serious, non-mandatory-prohibition offence where the evidence allows
Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.
Questions
What people ask us first.
Not unless the Crown proves you knew it was there and had some measure of control over it. Being present in the vehicle is not enough on its own.
A licence does not cover everything. Charges often arise from how a firearm was stored or transported, or from possessing it somewhere your authorization does not extend to. These rules are technical and frequently misunderstood, including by police.
Next step
Talk to us about your weapons offences matter.
A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.
