All Weapons Offences Lawyer Toronto

The fact that someone has a criminal record is not an automatic bar to obtaining a firearms licence. However, the existence of a criminal record is something that individual will have to disclose and is a factor taken into consideration when one applies for their Possession and Acquisition (PAL) licence. Applicants can expect more scrutiny from the RCMP and may be asked follow up questions or to provide further information about the offence(s).

In Canada, you cannot carry a weapon for the purpose of self-defence. If someone uses a gun for the purpose of protecting himself or others and, as a result, is charged with an offence (i.e. aggravated assault or murder) he may raise self-defence so long as the three elements of self-defence can be demonstrated. However, in that scenario, self-defence only applies to the assault or murder offence. The accused would still be guilty of authorized possession of a firearm or possession of a prohibited firearm if he did not have a firearms licence, used a prohibited firearm, or if he was licenced but only allowed to use the firearm for a specific purpose. 

There are many possible ways to defend against a weapons offence. Our firm has represented hundreds of clients in weapons-related cases. We have successfully had charges dismissed based on some of the following factors:

• The weapon may have been discovered as a result of an illegal search or detention and could be excluded from evidence at trial.
• There may be a lawful reason for possessing the object, such as self-defence.
• An individual may be carrying a "weapon," such as a knife, for a legitimate purpose, like work.

Offences related to the possession of a firearm – such as possession of a firearm for a dangerous purpose, carrying a concealed firearm, or unauthorized possession of a restricted or prohibited firearm carry maximum penalties of 5-10 years imprisonment if the Crown proceeds by indictment.

In Canada, you need a valid firearms licence in order to own a gun. If you do not have a proper firearms licence and are found with a firearm on you, you can be charged with unauthorized possession of a firearm, possession of a prohibited or restricted firearm, or careless use of a firearm.

There are many different weapons offences contained within the Criminal Code. In Canada, it is illegal to carry a weapon for a dangerous purpose. Simply possessing a weapon in certain circumstances can be a criminal offence as well, such as carrying a concealed weapon in a public place.

The definition of a weapon is extremely broad and can include any object that is used to cause injury to a person. A weapon is any object that is used to either threaten or intimidate another individual. Many weapons are designated as restricted or prohibited by law. Being in unauthorized possession of a restricted or a prohibited weapon can significantly increase the possible penalties associated with an offence.

What are the Classes of Firearms in Canada?

In Canada, there are three classes of firearms:

• Non-restricted;
• Restricted; and
• Prohibited.

Non-Restricted Firearms: Any rifles or shotguns that are neither prohibited nor restricted.

Restricted Firearms: Include:

• Handguns that are not prohibited firearms.
• Firearms that:
  • Are not prohibited firearms,
  • Have a barrel less than 470 mm in length,
  • Are capable of discharging centre-fire ammunition in a semi-automatic manner.
• Firearms designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise.
• Firearms of any other kind prescribed to be restricted firearms in the Regulations.

Restricted Firearms can be used for the purposes of target practice or target shooting, as part of a collection, or in connection with one’s lawful occupation (in limited circumstances) or to protect life.

Prohibited Firearms: Include:

• Handguns with barrels equal to or less than 105 mm in length.
• Handguns designed or adapted to discharge a 25 or 32 calibre cartridge:
  • This does not include handguns for use in international sporting competitions governed by the rules of the International Shooting Union and where the handgun is prescribed to be restricted.
• Firearms adapted from a rifle or shotgun, whether by sawing, cutting, or any other alteration, and that, as so adapted, are:
  • Less than 660 mm in length,
  • 660 mm or greater in length and have a barrel less than 457 mm in length.
• Automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger.
• Firearms prescribed to be prohibited firearms in the Regulations.

The Criminal Code of Canada defines weapon as any thing used, designed to be used, intended to be used, or for the purpose of threatening or intimidating any person or causing death or injury to a person. One does not have to use a traditional weapon, such as a knife, to be charged with this offence. For example, a photo frame, if used in the manner described above, would be considered a weapon.

Assault with a weapon does not have a mandatory minimum sentence. Depending on the facts, the court can impose a lesser sentence, such as probation or even a peace bond. Generally speaking, the more aggravating factors that exist in a case and the greater the harm, the harsher the sentence.

• What are the Classes of Firearms in Canada?

In Canada, there are three classes of firearms:

• Non-restricted;
• Restricted; and
• Prohibited

Non-Restricted Firearms: any rifles or shotguns that are neither prohibited nor restricted.

Restricted Firearms include:

• Handguns that are not prohibited firearms
• Firearms that:
  • are not prohibited firearms
  • have a barrel less than 470 mm in length
  • are capable of discharging centre-fire ammunition in a semi-automatic manner
• Firearms designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise
• Firearms of any other kind prescribed to be restricted firearms in the Regulations

Restricted Firearms can be used for the purposes of target practice or target shooting, as part of a collection, or in connection with one's lawful occupation (in limited circumstances) or to protect life.

Prohibited Firearms include:

• Handguns with barrels equal to or less than 105 mm in length
• Handguns designed or adapted to discharge a 25 or 32 calibre cartridge
  • This does not include handguns for use in international sporting competitions governed by the rules of the International Shooting Union and where the handgun is prescribed to be restricted
• Firearms adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted are:
  • less than 660 mm in length
  • 660 mm or greater in length and has a barrel less than 457 mm in length
• Automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger
• Firearms prescribed to be prohibited firearms in the Regulations