Being charged with a firearms offence in Canada is a matter of significant legal concern. These serious criminal allegations can result in mandatory incarceration, prohibitions on future firearm possession, and a lasting criminal record that may impact employment, travel, and civil liberties.
Whether the charge involves unauthorized possession, unsafe storage, or the alleged use of a firearm in the commission of another offence, immediate legal guidance is essential. Your rights, freedom, and reputation are on the line.
In this article, we outline the key components of firearms-related charges in Canada, discuss common legal defences, and explain how the experienced criminal defence lawyers at BW Law can advocate for your best possible outcome.
Table of Contents
- What Is a Firearms Offence in Canada?
- Common Firearms Charges
- Mandatory Minimum Sentences
- Possession vs. Use: What the Law Says
- Common Defences Against Firearms Charges
- What to Do If You’ve Been Charged
What Is a Firearms Offence in Canada?
Under the Criminal Code of Canada, a firearms offence can range from minor infractions to indictable offences. Even seemingly small violations, such as failing to store your firearm properly, can result in significant legal consequences. More serious cases, like using a gun while committing another crime, carry mandatory minimum prison sentences.
Firearms are categorized as:
- Non-restricted (e.g., ordinary rifles)
- Restricted (e.g., handguns)
- Prohibited (e.g., automatic weapons)
Each category comes with its licensing, storage, and usage regulations. Violating any of these can result in charges.
Common firearm-related charges
- Unauthorized possession of a firearm
- Possession of a prohibited or restricted weapon
- Careless use or storage of a firearm
- Possession of a weapon for a dangerous purpose
- Trafficking or unauthorized transfer of a firearm
- Using a firearm in the commission of a crime
Each of these charges carries significant penalties, including possible jail time, mandatory minimum sentences in certain cases, and a permanent criminal record.
Mandatory Minimum Sentences: What You Should Know
Certain firearm offences come with mandatory minimum penalties, especially when a restricted or prohibited firearm is used in connection with another criminal act. For example, using a firearm while committing a robbery can lead to a minimum of four years in prison, even for a first offence. The stakes are high.
Possession vs. Use: What The Law Says
It’s important to understand that you don’t have to fire a weapon to be charged. Simply possessing a firearm without proper authorization or carrying it in a public place can result in charges. The courts treat firearm possession very seriously, especially if there are concerns about safety, gang activity, or prior criminal history.
Common Defences Against Firearm Charges
Every case is unique, but some common legal defences to firearms charges include:
- Lack of knowledge or intent: You didn’t know the firearm was present or that it was prohibited.
- Charter violations: Your rights under the Charter of Rights and Freedoms were breached (e.g., unlawful search or seizure).
- Licensing and authorization: You had a valid Possession and Acquisition Licence (PAL) or were otherwise authorized.
- Improper handling by police: Mishandling of evidence, faulty warrants, or other procedural issues.
A skilled criminal defence lawyer will analyze every detail of the case, including how the weapon was found, whether it was lawfully obtained, and whether your Charter rights were violated in the process.
What To Do If You’re Charged with a Firearms Offence
If you’re facing firearms-related charges, the most important thing you can do is remain silent and contact a defence lawyer immediately. Anything you say can, and likely will, be used against you. Do not speak to police until you’ve received legal advice.
At BW Law, we understand how high the stakes are. A firearms conviction can impact your career, your ability to travel, and your reputation. Our defence lawyers will help you understand your options, build a strong case, and fight to protect your future.
Why Clients Trust BW Law with Firearms Defence
Firearms charges demand skilled, experienced legal representation. At BW Law, our team has built a strong reputation for defending individuals against a wide range of firearms and weapons offences.
What we offer:
- Proven courtroom experience in firearms and weapons cases
- Strategic legal advice tailored to your situation
- Focused on protecting your rights and minimizing consequences
- Transparent communication every step of the way
We’ve successfully defended clients across a range of firearm offences, from unsafe storage to serious indictable charges. Our goal is always to protect your future, whether that means getting charges reduced, withdrawn, or preparing a strong trial defence.
Schedule your consultation with BW Law and start building your defence.