Firearms Offences/Illegal Firearm Possession

The Crown prosecutor takes firearms charges seriously, and there are severe consequences and penalties if you are convicted. However, firearms offences depend on the circumstances and other factors that may have occurred.

According to the Firearms Act of 1995 and the Criminal Code of Canada, possessing a firearm is a heavily regulated activity. It has become even stricter with the 2002 establishment of the gun registry.

In Canada, it is illegal to possess a weapon that may pose a danger to the public. Some of these prohibited firearms are handguns less than 105mm in length, rifles or shotguns less than 660mm in size or have a certain barrel length of less than 457mm, and automatic weapons that have been altered. Handguns that are designed to fire with .25 or .32 caliber ammunition are also prohibited.

Also, transporting firearms requires the authorization of your province's Chief Firearms Officer (CFO), and if you do not follow the regulations, you can be charged with a firearms offence.

Many firearm offences carry minimum prison sentences, which could affect your life drastically. Most offenders who are imprisoned will find that their relationships, careers, education, and future prospects will be greatly hindered.

At Brett Gladstone Law Corp., we will consider all possible defences and use our extensive knowledge of prohibited weapons, such as firearms, to acquit you. Please consult with our legal team to learn how we can help you remove this stain on your criminal record.

What Typically Happens to Those Convicted of Fraud?

Firearms and other weapons can be found in sections 86-95 in the Criminal Code of Canada. You can find out the many different types of charges that can be laid against individuals within the country regarding illegally possessed firearms and firearms offences.

However, our expert team knows all the inner workings of the laws associated with firearms, and has several defences that they can use to defend you and get you acquitted.

But first, there is a range of charges people can be convicted with.

If you are charged with the last two offences, these are automatically tried as indictable offences resulting in life imprisonment. When you are charged with carrying a concealed weapon, this, too, can be an indictable offence with a maximum prison sentence of up to five years. And if you are carrying a firearm in your vehicle illegally, this is considered unauthorized possession in a motor vehicle. This charge can also be laid as an indictable offence and can end up with a sentence of 10 years in federal prison.  

Assembly Offences

There is some ambiguity when it comes to making an automatic firearm through the alteration of the weapon. Basically, it all depends on how the Crown prosecution deals with the case and what stipulations or methodologies were used in altering the firearm. For the majority of those convicted, the sentencing can range from 1-10 years.

Import or Export of Firearms Offences

If you have imported or exported a firearm, knowing that it is unauthorized, the sentencing can be based on whether or not you were aware you were acting illegally. Despite this, a first offence for firearms importing and exporting can range between 3-20 years.

Possible Defence Strategies

When working with us at Brett Gladstone Law Corp., we will explore every avenue that will lead to a reduction or even an acquittal of the firearms charges. Some of these strategies include:

The Evidence Should be Excluded

Due to a breach of the Canadian Charter of Rights and Freedoms, it is possible to argue that the evidence was found during an illegal search, interrogation, or at an unjustified traffic stop by police officers. You have the right to be secure against unreasonable search or seizure. We can use this to potentially have the evidence thrown out of court.

Self-Defence

This defence can be tricky, as the circumstances of your charges, the intent behind the actions, and how harmed the attacker was can all play a role in how the Crown will prosecute the case. Ultimately it is up to the judge and your lawyer's defence on your behalf. When attempting a self-defence strategy in court, the ball can go either way.

Intoxication

Sometimes, intoxication may act in favour of the accused as it can negate the intent factor when committing a firearms offence. To convict a potential offender, they must be found guilty beyond reasonable doubt is needed. If a person is under the influence of drugs and alcohol, it can be said that the intoxicants influence the act.

Unpremeditated Use

If the firearm was legally obtained, even though it was later used as a weapon, doubt can be raised about what the firearm was used for, like gun clubs, ranges, or clay-pigeon shooting events. This can display that the gun was not meant to be used with illegal intent and can lead to reduced sentencing.