Firearms offences are serious criminal matters that carry significant penalties, including potential imprisonment upon conviction. The possession, use, or trafficking of restricted or prohibited firearms, such as handguns, shotguns, and certain semi-automatic weapons, is subject to stringent regulations
under the Criminal Code of Canada and the Firearms Act.
The Criminal Code of Canada delineates a range of firearms-related offences, encompassing possession, use, and trafficking violations. Some firearms offences include the following:
- Sections 91(1) and 91(2) - Unauthorized Possession of a Firearm: Knowingly possessing a firearm without a valid licence or registration certificate.
- Section 92 - Possession of a Firearm Knowing It Is Unauthorized: Possessing a firearm while knowing it is not licensed or registered, with intent to evade legal requirements.
- Section 95(1) - Possession of a Prohibited or Restricted Firearm with Ammunition: Possessing a loaded prohibited or restricted firearm, or an unloaded firearm with readily accessible ammunition, without authorization.
- Section 88 - Possession of a Weapon for a Dangerous Purpose: Carrying or possessing a firearm or other weapon for a purpose dangerous to public peace or to commit an offence.
- Section 90 - Carrying a Concealed Weapon: Carrying a concealed firearm or prohibited weapon without lawful authorization.
- Section 85(2) - Using a Firearm in the Commission of an Offence: Using a firearm while committing or attempting to commit an indictable offence.
- Section 87(1) - Point Firearm: Pointing a firearm at another person, without lawful excuse, whether loaded or unloaded.
- Section 86(1) - Careless Use of a Firearm: Using, carrying, handling, shipping, or storing a firearm or ammunition in a careless manner or without reasonable precautions for safety.
- Section 96 - Possession of a Firearm Obtained by Crime: Possessing a firearm knowing it was obtained through the commission of an offence.
- Section 99 - Trafficking in Firearms: Manufacturing, transferring, or offering to sell a firearm, prohibited weapon, or ammunition without authority.
- Section 100 - Possession for the Purpose of Trafficking: Possessing a firearm, prohibited weapon, or ammunition with intent to transfer or sell it without authority.
- Section 101 - Transfer Without Authority: Transferring a firearm, prohibited weapon, or ammunition to a person not authorized to possess it.
- Section 102 - Making an Automatic Firearm: Altering a firearm to make it capable of automatic fire or possessing such a converted firearm.
- Section 103 - Importing or Exporting a Firearm Knowing it is Unauthorized: Knowingly importing or exporting a firearm or prohibited weapon without proper authorization.
- Section 104 - Unauthorized Importing or Exporting of a Firearm: Importing or exporting a firearm or prohibited weapon without lawful authority.
- Section 244(1) - Discharging a Firearm with Intent: Intentionally discharging a firearm at a person with intent to wound, maim, disfigure, or endanger life.
- Section 244.2 - Discharging a Firearm – Recklessness: Recklessly discharging a firearm into or at a place, knowing or being reckless as to whether a person is present.
- Section 94 - Possession of a Firearm in a Motor Vehicle: Possessing a firearm in a motor vehicle without lawful authorization or reasonable excuse.
- Section 108(1) - Altering, Defacing, or Removing Serial Numbers: Knowingly possessing, selling, or delivering a firearm with a defaced or removed serial number.
- Section 106 - False Statements Related to Firearms: Knowingly making a false statement to obtain a firearm licence, registration, or authorization.
- Section 107 - Tampering with a Firearm Licence: Altering, defacing, or falsifying a firearm licence, registration certificate, or authorization.
- Section 105 - Failure to Surrender Authorization: Failing to surrender a revoked firearm licence, registration certificate, or authorization when required.
Comprehending the precise elements of each firearms offence is critical for individuals facing such
charges. Obtaining professional legal counsel is imperative to effectively navigate these intricate legal
proceedings.
Defending Against Firearm Related Charges
When facing firearms or firearms related charges, several defences can be employed to challenge the
allegations against an individual. These may include, but are not limited to: Charter challenges – search
and seizure, knowledge and control defence, and the operational status of the firearm.
Penalties for Firearm and Firearms Related Offences
Sentencing for firearms offences under the Criminal Code of Canada is determined by the specific
circumstances of each case. Upon conviction imprisonment is a frequent outcome. The severity of the
sentence is influenced by factors such as the nature and gravity of the offence, the accused’s criminal
history, any weapons prohibitions the accused may be bound by, and the presence of aggravating or
mitigating factors.
If you require assistance on firearm and firearm related offences, please contact us now for a confidential
consultation.