What Weapons Offences Charges Mean in Ontario
Weapons offences under the Criminal Code carry serious penalties, especially for firearms. Common charges include:
- Unauthorized Possession (s. 91-92) - Possessing a firearm without a valid licence
- Carrying Concealed Weapon (s. 90) - Carrying a weapon in a concealed manner
- Unsafe Storage (s. 86) - Failing to store firearms safely
- Possession of Prohibited/Restricted Weapon (s. 91-92) - Having prohibited devices or restricted firearms without authorization
- Pointing a Firearm (s. 87) - Pointing a firearm at another person
- Using Firearm in Commission of Offence (s. 85) - Using a firearm during another crime
Many weapons offences carry mandatory minimum sentences, which courts must impose upon conviction.
Potential Penalties & Consequences
Unauthorized Possession of Firearm:
- Non-restricted: Up to 5 years (indictable)
- Restricted/Prohibited: Mandatory minimum 3 years (first offence), 5 years (subsequent)
Carrying Concealed Weapon:
- Up to 5 years imprisonment
Unsafe Storage:
- Summary: Up to 2 years less a day
- Indictable: Up to 5 years
Using Firearm in Commission of Offence:
- First offence: Mandatory minimum 1 year consecutive to other sentence
- Subsequent: Mandatory minimum 3 years consecutive
All convictions: Result in firearms prohibition orders.
How We Defend Weapons Offences Cases
What Happens After an Arrest
Weapons charges often result from:
- Traffic Stops: Weapons discovered during vehicle searches
- Search Warrants: Police execute warrants on homes
- Other Investigations: Weapons found during other criminal investigations
- Tips or Reports: Police acting on information received
Bail: Weapons charges, especially involving firearms, often result in detention. A strong bail plan with a suitable surety is critical.
Defence Focus: Many weapons cases turn on the legality of the search that led to discovery. Charter challenges are common and often successful.
Frequently Asked Questions
What is "possession" for weapons charges?
Possession can be actual (on your person), constructive (in your home/car), or joint (shared with others). The Crown must prove knowledge and control. Finding a weapon in your vicinity doesn't automatically mean you possessed it.
Can I still hunt if I have a weapons charge?
A weapons conviction typically results in a firearms prohibition order, which would prevent hunting with firearms. The length varies from 10 years to life depending on the offence. Resolving charges without conviction is crucial for hunters.
What counts as unsafe storage?
Firearms must be unloaded, with a trigger lock or in a locked container, with ammunition stored separately. Specific requirements vary by firearm type. The prosecution must prove the storage was actually unsafe - not just imperfect.
I have a licence but was still charged. Why?
Even licensed firearm owners can face charges for carrying outside permitted purposes, improper storage, or violating licence conditions. Licence status doesn't prevent charges but may affect the defence strategy and sentencing.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.