Weapons/Firearms Charges

Most weapons and firearms charges concern possession, use and trafficking.

Unlawful Possession of a Firearm or Prohibited Weapon:

Sections 91(1) and 92(1) of the Criminal Code make it illegal to possess a non-restricted or restricted firearm without being the holder of a licence or a registration certificate under which one may lawfully possess it. The main difference between the two sections is knowledge, or lack thereof, that possession of the firearm in question was unauthorized.  Knowingly possessing an unauthorized firearm (s.92(1)) is a more serious offence.

Unlawful Possession Charges Sentencing

For Section 91 charges, if the Crown elects to proceed by indictment, an accused may be liable for a term of imprisonment not exceeding five years. Alternatively, the offence is punishable on summary conviction.  If convicted, a mandatory Weapons Prohibition Order is required regardless of the Crown’s election.

Section 92 charges are straight indictable. Upon a finding of guilt, in the case of a first offence, an accused may be liable for a term of imprisonment not exceeding ten years.  In the case of a second offence, to a term of imprisonment not exceeding ten years, and to a minimum punishment of one year of imprisonment.  In the case of a third or subsequent offences, to a term of imprisonment not exceeding ten years, and to a minimum punishment of two years less a day of imprisonment.  If convicted, a mandatory Weapons Prohibition Order is required.

Unlawful Use of a Firearm

Section 85 of the Criminal Code makes it illegal to use a firearm in the commission of an indictable offence, other than an offence under Section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharge firearm with intent), 244.2 (discharging firearm – recklessness), 272 (sexual assault with weapon), 273 (aggravated sexual assault), 279(1) (kidnapping), 279.1 (hostage taking), 344 (robbery) or 346 (extortion).

Unlawful Use of a Firearm Sentencing

Such charges are straight indictable. For a first offence, the accused may be liable to a term of imprisonment not exceeding 14 years and to a minimum punishment of imprisonment for one year.  For subsequent offences, the accused may be liable to a term of imprisonment not exceeding 14 years and to a minimum punishment of imprisonment for three years.

If convicted, a Weapons Prohibition Order is mandatory.

Trafficking, Exporting and Importing of a Firearm/Weapon

Such charges can include manufacturing a prohibited weapon, transferring a prohibited weapon, offering to manufacture and/or transfer a prohibited weapon, importing a prohibited weapon and exporting a prohibited weapon knowing that it was unauthorized to do so.

• • Section 99(1) of the Criminal Code makes it an offence to manufacture or transfer, whether for financial gain or not, or to offer to manufacture/transfer a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition knowing that the person is not authorized to do so.
  • Section 103(1) states that every person commits an offence who imports or exports a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or any component or part that is designed exclusively for use in the manufacturing of an automatic firearm.

Trafficking, Exporting and Importing of a Firearm/Weapon

Section 99 offences are straight indictable. If convicted, an accused may face a sentence for a term of imprisonment not exceeding 10 years, and to a minimum punishment of three years for a first offence and five years for each subsequent offence.

• • A Weapons Prohibition Order is mandatory in case of a conviction.

Section 103 offences are also always indictable. Anyone charged under this section may be liable to a term of imprisonment which does not exceed 10 years, and to a minimum punishment of three years in the case of a first offence and five years for each subsequent offence.

• • A Weapons Prohibition Order is mandatory in case of a conviction.