Defending Weapons Charges in Canada
A weapon is any tool that is can be used to cause damage or to inflict harm on another person. A weapon can be an item designed as a weapon (i.e. gun, knife) or fashioned from an item not originally intended as a weapon (i.e.: hammer, baseball bat)
The Canadian Criminal Code has many charges for weapons offences:
Pointing a firearm
87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction
Possession of weapon for dangerous purpose
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Carrying concealed weapon
90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Unauthorized possession of firearm
91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
(a) A licence under which the person may possess it; and
(b) A registration certificate for the firearm.
Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Are You Facing Weapons Charges?
Penalties for Weapons Offences in Toronto
Weapons charges are serious offences and are dealt with harshly. The charges typically range from 1 to 10 years based on the seriousness of the offence. The charges against you and the legal process can be very overwhelming and confusing. You need to hire a lawyer who is experienced in criminal charges and has your best interest at heart.
There are some cases that the accused can win their weapons case due to the evidence obtained by the police is thrown out or excluded due to the result of an illegal search or interrogation which lead to the discovery of the weapon. Someone with a minor record or a first time offender of weapons charges may be able to avoid jail time or a criminal record altogether with the right lawyer by their side.
If you have been arrested or charged with a weapons offence, the smarted move you can make right now is to hire a lawyer who has extensive experience in this area and understands the your charges. It is strongly recommended that you find a lawyer that has experience in criminal and assault cases.
Trust your future to Criminal Lawyers: Bruce Karten & Stephen Hebscher. We have over 60+ years of experience and a 95% success rate in dealing with weapons charges in Toronto. Call us today for a free confidential consultation.
Related Case Reviews
R. v. L.C. ( 2012 ), North York Court – 65 year old man charged with assault with a weapon and possession of a weapon dangerous to the public as a result of a work-place dispute. Defense Counsel, was able to show that the alleged victim in this case, provoked the hostile interaction that led to the charges being laid and uncovered material that suggested this same individual had a history of prior, similar behaviour and had lied about the circumstances involved. The Prosecution withdrew all charges without the need of the allegations proceeding to trial.
