The possession and usage of firearms in Ontariois under strict regulation by the Canadian Firearms Act as well as Sections 84-117 of Canada’s Criminal Code.
The penalties for firearms violations under the law are quite serious . The Crown Prosecutor can try these cases as summary conviction cases without minimum sentencing or as indictable offences.
Have you been charged with a firearm-related crime? You will need an experienced barrister or solicitor to represent you. JURIGO is a network of over 800 lawyers with the expertise to handle all types of firearms offences. They will work hard to get weapons charges withdrawn, dismissed, reduced, or acquitted.You don’t need to face this difficult situation alone – find the right gun lawyer in Ontario by filling out the short online form on this page , free of charge!
The types of firearm-related charges in Ontario
Firearm charges in Ontario range from improper storage to the unauthorized use of a firearm to commit a crime.
Possession of a firearm is also an offence unless the owner has a valid firearms license . Anyone in Canada must have a valid Possession and Acquisition License (PAL) to buy, own, or use firearms and ammunition. The Ontario courts address these common firearms-related charges:
- Careless use of a firearm
- Unauthorized use of a firearm
- Improper storage of a firearm or ammunition
- Threatening people by pointing a firearm
- Possession of a firearm for a dangerous purpose
- Carrying a concealed firearm
- Trafficking weapons
- Aggravated assault with a firearm
- Committing robbery with a firearm
These offences can be tried under the less severe summary offence category or as indictable offences which are more severe. Indictable offence penalties have maximum penalties from 1 to 10 years for a first conviction.
The right of possession
Canada has strict rules and regulations related to firearms. Many people have infringed on these regulations of the Firearms Act which set guidelines as to who can possess a firearm and the attached conditions.
The right to own a firearm is provided by the firearm’s licensing scheme which grants a different license and authorization class depending on the firearm. The Act’s mandate also includes weapons sales, import/export, transport, and other activities.
Who can get a firearms license?
Below are the requirements for a Possession and Acquisition License (PAL).
- Over 18 years of age
- No criminal record offences with acts of violence and threats
- No criminal record offences for specific drug-related offences
- No court orders issued restricting communication with others or location-specific prohibitions
- No mental health problems
- Successfully complete the Canadian Firearms Safety Course
The PAL applies to non-restricted long-barrelled, limited-capacity firearms like shotguns and rifles for hunting or target shooting.
Additional authorization and licensing are needed for restricted firearms like short-barrelled, higher-capacity firearms, pistols, and assault rifles.
Prohibited firearms including some handgun calibers, short-barrelled handguns, and military weapons require additional authorization but only by previous owners when the legislation came into effect.
Transport of firearms
The PAL permits unloaded and non-restricted firearms to be transported in the province where it is legal. For prohibited and restricted firearms, an Authorization to Transport permit is required which specifies how and where the transports can take place.
Firearms storage is also regulated. Non-restricted weapons must be unloaded and stored in a secure container or trigger-locked. The ammunition must be stored separately in a safe location and secure container.
Penalties for Firearm-Related Offences
Possessing a firearm or ammunition without a PAL or an expired PAL is usually considered a summary conviction offence. Section 91 (1) and (2) of the Criminal Code provides a maximum penalty of up to 5 years for this offence. You can also be fined $5,000.
Other types of possession offences, except for robbery or breaking and entering to steal a firearm, may be tried as an indictable offence or summary offence.
Primary possession crimes beyond unauthorized possession are:
- Possession of a firearm for dangerous purposes
- Carrying a concealed firearm
- Unauthorized possession of a restricted or prohibited firearm
- Unauthorized possession in a motor vehicle
- Possession in an unauthorized place
- Breaking and entering to steal a firearm
- Robbery to steal a firearm
If the prosecutor tries the case as an indictable offence, maximum penalties of 5 to 10 years jail time may apply. A maximum sentence of life imprisonment may apply for breaking and entering or robbery to steal firearms.
Other Firearms Use Offences
Other offences for firearms use also include careless use of a firearm and careless storage of firearms or ammunition.
Using a firearm or a replica while committing another indictable offence may be tried as a summary offence with less serious penalties. It can, however, be tried as an indictable offence with maximum penalties of 2 years to 14 years of jail time for a first-time offender.
Other firearms offences also include:
- Trafficking
- Unauthorized import/export of firearms
- Making an automatic firearm
- Failure to report the finding or loss of a firearm to authorities
- Tampering with a firearms serial number
- Making false statements to a firearms officer
Many firearms-related offences carry maximum penalties of 1 to 10 years for first-time convictions. Any prison term, whether short or long, has serious consequences for your future.
Hire an experienced barrister or gun lawyer as soon as possible to defend your case!
Fill out the short form on this page to get connected to the right lawyer from the JuriGO network.
What to do when charged with a weapons offence
A weapon can be any object that is used to threaten, intimidate, and cause injury or even death. Common, everyday objects can be considered weapons such as baseball bats, knives, letter openers, etc.
To curb assaults with a weapon and gun violence, the minimum sentencing for these offences is substantial, especially for second or multiple convictions.
Convictions for any type of weapons offence carry serious consequences . Most of these offences have mandatory prison time and whether trivial or serious, there is always the risk of a permanent criminal record.
A criminal record will have life-changing consequences - it will be difficult for you to practice some professions, seek employment, or travel to other countries like the United States.
JuriGO is a strong network of over 500 experienced lawyers who can defend you in court against weapons charges. They can negotiate a withdrawal or dismissal of these charges before they get to court. If the case goes to trial, a good lawyer can use the law effectively to obtain a positive outcome for your defence.
If you are facing a firearms or weapons charge anywhere in Ontario, fill out the form on this page, free and no obligation, to connect with an expert criminal lawyer.
What is the sentence for weapons offences in Ontario?
Weapons offences in Ontario can have many possible sentences as each case is different.
An individual can get a conviction for using a firearm without intending to do harm to another person. Careless use or storage of a firearm includes ammunition . A gun does not have to be loaded to be charged with these offences. The penalty for careless use of a firearm is up to 2 years but using a firearm can have 1 to 14 years imprisonment for a first-time offender if considered as an indictable offence.
A person with a conviction for trafficking or a criminal record for other offences could serve 10 years in prison. The unique facts of the case will be taken into account by the court during sentencing.
An individual charged with possession of a knife with dangerous intent, if without a criminal record, could successfully get charges withdrawn with good lawyer representation.
Your best chance to get a good outcome is to have an experienced criminal defence lawyer by your side.
FAQs on Firearms-Related Charges in Ontario
To be charged with a firearms-related offence in Ontario can be a terrifying ordeal. We want to prepare you for what lies ahead and guide you in your next steps.
Please refer to the frequently asked questions about firearms-related charges to help you plan your defence.
What is the penalty for a gun-related offence in Ontario?
Depending on the seriousness of the offence, the Crown can prosecute the case as a summary conviction with 6 months to 1-year jail term or by indictment with a maximum term of 10 years. Some gun-related offences if with the commission of another indictable offence can result in a life imprisonment penalty.
What happens if you are caught with a firearm in Ontario?
You need a firearms license to possess a gun anywhere in Canada. Unauthorized possession in a motor vehicle can be considered an indictable offence with a maximum of 10 years or 5 years for carrying a concealed weapon.
Consult an experienced lawyer for any type of firearm-related offence as soon as possible.
What is considered a “weapon”?
Section 2 of the Criminal Code defines a weapon as any object designed to threaten, intimidate, or cause injury or death to another person. It is a broad definition that can include common objects such as a knife if used to cause bodily harm or to intimidate. Brass knuckles, guns (if without a permit), baseball bats, crossbows, and switchblades qualify as weapons. Whether an object is a weapon or
not is decided upon by the Court based on its intended use.
What is a common defence for a weapons charge?
The majority of weapons charges result from police questioning in traffic stops or areas with high crimes. Lawyers can question the legality of the search or police stop to exclude a weapon from evidence during a trial.
Other strategies can be successfully used by defence lawyers to reduce the sentence or get an acquittal. These include self-defence or unpremeditated use.
Is a weapon different from a firearm?
The Criminal Code distinguishes firearms from weapons. Prohibited weapons include knives and switchblades. It is illegal to carry weapons that could be dangerous to the public’s safety or peace.
Firearms, on the other hand, consist of all types of guns and automatic weapons, including firearms used for sports and competition.
What is the penalty for weapons possession?
Similar to other criminal offences, the penalty for weapons possession will vary depending on the discretion of the judge. In general, the possession of a weapon that poses a danger to public peace could carry a jail term of 6 months if by summary conviction. If by indictment, it could result in up to 10 years.
Can you appeal a firearms-related conviction?
If you were convicted of a criminal offence, a higher court can be requested to review your trial. This appeal can be for the conviction itself or the imposed sentence. You need to understand your rights and responsibilities in an appeal procedure. The best thing to do is to seek legal advice from a criminal lawyer.
What type of lawyer do you need for a firearms charge?
Defending a firearms or weapons charge needs a highly-skilled and experienced criminal defence lawyer. He will review the evidence against you and formulate the best strategy to get the charges dismissed or get an acquittal or a reduced sentence.
How can I get a good criminal defence lawyer in Ontario?
The best way to find a good criminal defence lawyer is to get in touch with a reputable legal network such as JuriGO. Fill out the form below, free of charge, and we will connect you to the best lawyers who can help you.
How much does a criminal defence lawyer cost in Ontario?
Legal fees charged by criminal defence lawyers in Ontario vary depending on the type of case and the lawyer’s experience and reputation. For cases that don’t go to trial, Ontario lawyers can charge a flat fee ranging from $2,000 to $10,000. If the case goes to trial, every lawyer is different, and legal fees may range from **$5,000 to $50,000.**Please note that not all lawyers who ask for very high fees are the best ones. Lawyer compensation is not regulated and they are free to set their prices. It is important to compare lawyers’ fees before you hire one and to look at their success rate. Add
Fight Firearms Offences in Ontario with the Best Criminal Lawyers
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