Firearms & Weapons

Frequently Asked Questions:

What firearms and weapons charges exist??
What is the punishment for possession of firearm?
What is the difference between a firearm and a weapon?

What firearms and weapons charges exist?

Firearms and weapons charges are some of the most serious charges in the Criminal Code:

• Using firearm in commission of offence

• Using imitation firearm in commission of offence

• Careless use of firearm, etc.

• Contravention of storage regulations, etc.

• Pointing a firearm

• Carrying concealed weapon

• Unauthorized possession of firearm

• Unauthorized possession of prohibited weapon or restricted weapon

• Possession of firearm knowing its possession is unauthorized

• Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

• Possession at unauthorized place

• Unauthorized possession in motor vehicle

• Possession of prohibited or restricted firearm with ammunition

• Breaking and entering to steal firearm

• Weapons trafficking

• Possession for purpose of weapons trafficking

• Making automatic firearm

• Importing or exporting knowing it is unauthorized

• Unauthorized importing or exporting

• Losing or finding

• Destroying

• False statements

• Tampering with serial number

What is the punishment for possession of firearm?

Until recently, the punishment for possessing prohibited or restricted firearms when the firearm is loaded or kept with readily accessible ammunition was three years minimum for a first offence and five years minimum for a second or subsequent offence. This was in the case that the Crown made an election by indictment. A summary election would have simply lead to a maximum of one year imprisonment. In a recent case, the Supreme Court of Canada struck down these minimums. However, both accused were sentenced to seven years and 40 months, respectively.

In a firearms charge, it is important to have your lawyer negotiate with the Crown and present such as evidence as necessary for the charge to fall within the maximum of one year imprisonment.

Note that, in addition to jail time, mandatory prohibition orders, probation, and other conditions will be imposed.

What is the difference between a firearm and a weapon?

Firearms and weapons is a complicated area of the law, with multiple Acts and regulations involved. For certainty, you should contact a lawyer

“Prohibited firearm” 

• • (i) has a barrel equal to or less than 105 mm in length, or

  • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

    (a) a handgun that

    but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

• (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

  • (i) is less than 660 mm in length, or

  • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

• (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

• (d) any firearm that is prescribed to be a prohibited firearm;

“Prohibited weapon”

• (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

• (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon