Firearms offences in Canada are treated with exceptional seriousness, and charges related to gun ownership, use, or possession can lead to severe penalties—including jail time and lifetime bans. For anyone facing firearms-related allegations, working with an experienced firearms lawyer in Toronto is essential. A skilled lawyer can assess the specifics of your case, protect your Charter rights, and build a strategic defence aimed at minimizing or eliminating the charges.
Understanding Firearms Offences in Canada
Canadian firearms laws are governed primarily by the Criminal Code of Canada and the Firearms Act. These laws set out strict requirements for obtaining, possessing, and using firearms. Even a minor mistake—such as an expired licence or improper storage—can lead to serious criminal charges.
Firearms offences are categorized into several key areas:
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Possession offences: including unauthorized possession of a firearm or possession without a valid licence or registration certificate.
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Use-related offences: such as using a firearm in the commission of an offence, careless use, or pointing a firearm.
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Trafficking offences: involving the sale or distribution of firearms without authorization.
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Importation or smuggling: bringing firearms into Canada unlawfully.
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Storage and transportation violations: improper or unsafe storage of restricted or prohibited firearms.
Each charge carries different penalties, and even seemingly minor offences can have long-term consequences for your criminal record and ability to possess firearms in the future.
Penalties for Firearms Offences
Penalties for gun-related offences vary depending on the type of firearm involved (non-restricted, restricted, or prohibited), the nature of the conduct, and whether there are aggravating factors such as violence or gang involvement.
For example:
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Unauthorized possession of a firearm can result in up to five years in prison.
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Careless use of a firearm may carry a maximum penalty of two years less a day (summary conviction) or up to five years (indictable).
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Using a firearm in the commission of an offence often triggers mandatory minimum sentences ranging from one to five years, depending on prior convictions.
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Trafficking or smuggling firearms are among the most serious gun offences and can result in up to ten years in prison.
The presence of mandatory minimum sentences for certain firearm offences means that even first-time offenders can face significant jail time if convicted.
The Role of a Firearms Lawyer in Toronto
A dedicated firearms lawyer in Toronto understands both the technical aspects of firearms law and the nuances of how these cases are prosecuted in Ontario courts. Their role is not only to defend the accused but also to ensure the legal process is fair, constitutional, and based on reliable evidence.
An effective firearms defence lawyer will:
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Review the legality of searches, seizures, and arrests to identify potential Charter violations.
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Challenge the admissibility of evidence obtained through unlawful police conduct.
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Examine whether the firearm in question was properly classified or even functional.
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Negotiate with the Crown for reduced or withdrawn charges when possible.
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Develop a defence strategy tailored to your unique circumstances—whether it involves mistaken identity, lack of intent, or technical non-compliance with licensing rules.
Common Defences to Firearms Charges
Several defences may be available depending on the facts of the case.
Charter violations: If police conducted an illegal search or seizure without a valid warrant or reasonable grounds, evidence obtained may be excluded from trial.
Lack of knowledge or intent: The Crown must prove that the accused knowingly possessed or used the firearm. If the accused was unaware of its presence or lacked control over it, this can form the basis for an acquittal.
Improper classification: Some cases hinge on whether the weapon meets the legal definition of a “firearm.” A lawyer can challenge technical findings or forensic reports.
Safe storage compliance: If the firearm was stored according to the regulations, charges of careless storage or use may be successfully contested.
Identity or possession issues: In cases involving multiple individuals or shared spaces, it may be unclear who actually possessed or controlled the firearm.
Each defence depends on the quality of evidence and the circumstances surrounding the arrest. A knowledgeable Toronto firearms lawyer can identify which strategies are most effective in your case.
Search and Seizure in Firearms Cases
Many firearms charges stem from police searches of homes, vehicles, or persons. However, the Canadian Charter of Rights and Freedoms protects individuals against unreasonable search and seizure. If police did not have a valid warrant or exceeded the scope of their authority, any firearms or related evidence they found may be ruled inadmissible.
This aspect of the law is often critical in firearm cases. A lawyer experienced in Charter litigation can file applications to exclude evidence or even have charges dismissed entirely if your constitutional rights were violated.
Restricted and Prohibited Firearms
Canada’s firearms classification system plays an important role in determining how a charge is treated.
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Non-restricted firearms: typically hunting rifles and shotguns.
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Restricted firearms: include most handguns and certain semi-automatic rifles.
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Prohibited firearms: include fully automatic weapons, sawed-off shotguns, and other banned designs.
Owning or transporting a restricted or prohibited firearm without proper authorization can lead to significantly harsher penalties. Even simple possession without a valid licence can result in a criminal conviction and permanent prohibition from owning firearms.
Firearms Prohibition Orders
A conviction for a firearms offence often results in a firearms prohibition order. This prevents the individual from possessing, owning, or acquiring any firearm, ammunition, or explosive for a set period—or, in some cases, for life.
Prohibition orders can have lasting impacts beyond criminal penalties. They may affect employment in security, law enforcement, or military service, and can restrict participation in hunting or sport shooting. A firearms lawyer may be able to argue against the imposition of such an order or seek to have one lifted after a certain period.
The Importance of Early Legal Representation
If you are under investigation or have been charged with a firearms offence, obtaining legal representation immediately is critical. Attempting to explain your situation to police without counsel can inadvertently harm your defence. A lawyer can engage with investigators on your behalf, preserve your rights, and start building your case before formal charges proceed.
Early intervention may also lead to resolution options that avoid trial, such as peace bonds, diversion programs, or negotiated pleas where appropriate.
Contact De Boyrie Law
Firearms charges in Toronto require a strong, experienced defence. De Boyrie Law has extensive experience representing clients facing firearms allegations, including unauthorized possession, unsafe storage, and use offences. We understand the technical and legal complexities of these cases and are dedicated to protecting your rights at every stage of the process.
If you are facing a firearms-related charge, contact us today to schedule a free, confidential consultation. Early legal advice can make the difference between a conviction and a successful defence.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
