Firearms Charges

Firearms Charges

Firearms are a highly regulated aspect of Canadian society. The Criminal Code contains various offences relating to firearms. Our office defends individuals against various firearms related offences. Use this page to learn more about our practice area including the key components of firearms offences in Canada; the different types of offences under this category; what to do if under investigation or charged with a firearm offence; firearms bail conditions; firearms penalties; and defences available to individuals facing firearms charges.

The Criminal Code defines a firearm 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”. This definition includes typical conceptions of firearms like rifles and pistols, but at times can also be expanded to include pellet guns, BB guns, and paintball guns too. However, it is possible to raise the defence that a pellet gun or BB gun is not a “real” firearm in court as a defence (see the Firearms Trial Defences section).

Firearms offences in Canada are any violation of the Criminal Code or the Firearms Act that relate to firearms. This includes, but is not limited to, possession of firearms, trafficking in firearms, unauthorized possession of firearms, careless storage of firearms, and use of firearms in the commission of a crime.

Some of the most common firearm offences under the Criminal Code of Canada include:

  • Careless storage of firearms (section 86)
  • Unauthorized possession of a firearm (section 91)
  • Possession of a prohibited weapon or device (section 95)
  • Possession of a restricted weapon or device (section 95)
  • Trafficking in firearms (section 99)
  • Using a firearm in the commission of an indictable offence (section 85)
  • Pointing a firearm (section 87)
  • Alteration of firearms’ serial numbers (section 108)

If you are under investigation or charged with firearms offences, it is essential to seek the advice of a criminal defence lawyer. A criminal defence lawyer can advise you of your rights, help you understand the charges against you, and provide guidance on the best course of action to take. They can also represent you in court and ensure that your rights are protected throughout the legal process.

Firearms Bail Conditions

If you are charged with firearms offences, you may be eligible for bail. However, depending on the nature of the charges, the Court may impose certain conditions that you must abide by while on bail. These conditions may include restrictions on firearms possession or use, reporting to a bail supervisor, and compliance with a curfew.

Firearms Penalties

The penalties for firearms offences in Canada vary depending on the nature of the offence and the circumstances surrounding it. Some of the possible penalties include imprisonment, fines, and a lifetime ban on firearms possession. In cases where a firearm was used in the commission of an indictable offence, the penalties may be more severe, including longer periods of imprisonment.

The sentence for firearms offences in Canada depends on the nature of the offence and the circumstances surrounding it. Sentencing may include imprisonment, fines, and a lifetime ban on firearms possession. In some cases, the judge may also impose conditions, such as restrictions on firearms possession or use and compliance with a curfew. Sentencing for firearms offences depends on the following categories:

  • Crown election
    • Should the Crown proceed by a summary trial, the penalty for an offence can be no greater than two years. For prosecutions by indictment, the imprisonment term can be higher.
  • The offence you were charged with
    • Careless storage of firearms (section 86)
      • Two years imprisonment for the first offence and up to five years imprisonment for subsequent offences.
    • Unauthorized possession of a firearm (section 91)
      • Up to five years imprisonment if prosecuted by indictment.
    • Possession of a prohibited weapon or device (section 95)
      • Up to ten years imprisonment if prosecuted by indictment.
    • Trafficking in firearms (section 99)
      • Up to three years for the first conviction and up to five years for subsequent convictions.
    • Using a firearm in the commission of an indictable offence (section 85)
      • Up to fourteen years imprisonment.
    • Pointing a firearm (section 87)
      • Up to five years imprisonment.
    • Alteration of firearms’ serial numbers (section 108)
      • Up to five years imprisonment

Also, with the advent of Bill C-5 , many mandatory minimum sentences for firearms have been removed. In addition, a recent Supreme Court of Canada case, R v Hills 2023 SCC 2 struck down the mandatory minimum sentence for the offence of recklessly discharging a firearm. For those convicted of firearms offences, this may be beneficial as it gives the sentencing judge much more latitude in considering the context and other mitigating factors when determining a sentence.

Defending Firearms Charges

If you are facing firearms charges, it is essential to have an experienced criminal defence lawyer on your side. Your lawyer can help you build a strong defence by gathering and reviewing evidence, interviewing witnesses, and negotiating with the prosecution. Some of the common defences used in firearms cases include self-defence, defence of property, and unlawful search and seizure.

With a possession of a firearm charge, one of the strongest defences you can invoke is the defence of innocent possession. Every crime has two elements: the actus reus, or bad act, and the mens rea, the guilty mind. The Crown must prove both that you did something bad, with a guilty mind, beyond a reasonable doubt. The defence of innocent possession states that you did not know the firearm was with you (it may have been placed with your belongings by somebody else), or that you possessed the firearm but for a lawful purpose, such as turning it in to the authorities. In both these scenarios, while you did possess the firearm, you did not do so with a guilty mind.

Another defence we can use is the defence that the object you were possessing was not a firearm. In previous cases we defended, we were able to show that based on the context, certain pellet guns and BB guns should not be classified as firearms, and consequently had the charges withdrawn.

Firearms Trial Defences

The defences available to individuals facing firearms charges vary depending on the circumstances of the case. However, some of the most common defences used in firearms trials include self-defence, defence of property, and unlawful search and seizure. In self-defence cases, the defendant must demonstrate that they believed that they were in immediate danger of harm and that the use of a firearm was necessary to protect their life.

It is possible to have your firearms returned to you after they are seized by the police. Section 117 of the Criminal Code allows for the return of property (including firearms) seized by the state. In previous cases we defended, we were able to negotiate the return of firearms with the Crown attorney.

At Lakin Afolabi Law, we are a team of multilingual, empathetic, and knowledgeable lawyers. We have over a decade of experience defending criminal cases and among them; we have successfully defended many people who have been charged with firearms offences. At our firm, we take a human approach to law. You help us strategize and express your interests. We know the law, and you know the facts. Call us today for a consultation.

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