Firearms & Weapons Offence Lawyer Toronto

If you’ve been charged with firearm or weapons offences in Toronto, you need dedicated legal advocacy and support to go through the criminal justice system and protect your rights and interests. Don’t leave the outcome of your charges or your future to chance. Contact Posner Craig Stein LLP today for an initial case evaluation with a knowledgeable weapons offence lawyer in Toronto.

When charges of weapons offences put your rights, freedom, and future on the line, your choice of legal representation can make a difference in the outcome of your criminal case. Turn to the legal team at Posner Craig Stein LLP to help you pursue a favourable resolution to your firearms or weapons charges because:

• We commit ourselves to defending your rights and interests from the initial police investigation and arrest through the end of your case, even when you choose to go to trial to fight your charges.
• Our firm will obtain the evidence and resources to pursue a fair outcome in your case. Our lawyers work tirelessly to identify and build compelling defence strategies to argue in your favour.
• We will offer honest, realistic, straightforward advice about your rights and options at each stage of your case. Our criminal defence lawyers will keep close contact with you throughout the prosecution to keep you updated, answer your questions, and provide the information you need to make decisions in your best interests.

Our firm strives to take the stress of facing criminal prosecution off your shoulders to support you during this trying time.

Firearms and weapons offences under the Criminal Code of Canada include crimes involving the use, possession, trafficking, assembling, importing, or exporting of firearms and weapons. You may commit a weapons offence when you use a firearm or weapon for an unlawful purpose, unlawfully possess a weapon due to a legal prohibition on possession or a lack of a licence, traffic weapons, or fail to follow laws or regulations governing the possession of weapons.

Penalties imposed for committing a weapons offence in Toronto will depend on the charges a defendant faces. Sentences for common weapons offences include:

• Use of a Firearm or Imitation Firearm in an Offence – Up to 14 years of imprisonment.
• Careless Use of a Firearm or Violation of Storage or Handling Regulations – Up to two years, or up to five years for a second or subsequent offence; up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Pointing a Firearm – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Possession of a Weapon for a Dangerous Purpose – Up to 10 years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Carrying a Weapon While Attending a Public Meeting – Up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Carrying a Concealed Weapon – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Unauthorized Possession of a Firearm or a Prohibited or Restricted Weapon – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Knowing Unauthorized Possession of a Firearm, Prohibited Weapon, or Ammunition – Up to 10 years of imprisonment.
• Possession of a Weapon at an Unauthorized Place – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Unauthorized Possession of a Firearm or Weapon in a Vehicle – Up to 10 years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Possession of a Prohibited or Restricted Firearm with Ammunition – Up to 14 years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Possession of a Weapon Obtained Through a Criminal Offence – Up to 14 years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Breaking and Entering or Robbery to Steal a Firearm – Life sentence.
• Firearms Trafficking – Three to 14 years for a first offence or five to 14 years for a second or subsequent offence.
• Non-Firearm Weapons Trafficking – Up to 14 years.
• Unlawfully Transferring a Weapon – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Making an Automatic Firearm – One to 10 years of imprisonment, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Possessing, Accessing, or Distribution of Computer Data for 3D Printing or Machine Milling Weapons – One to 10 years of imprisonment, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Knowingly Unauthorized Importing or Exporting of Firearms – Three to 14 years for a first offence or five to 14 years for a second or subsequent offence.
• Knowingly Unauthorized Importing or Exporting of Non-Firearm Weapons – Up to 14 years.
• Unauthorized Importing or Exporting of Weapons – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Altering a Cartridge Magazine – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Failure to Report a Lost, Found, or Destroyed Weapon – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.
• Making a False Report of a Lost, Found, or Destroyed Weapon – Up to five years, or up to two years less one day of incarceration, a fine of up to $5,000, or both incarceration and a fine for a summary conviction.

Defendants convicted of weapons offences may also face other penalties and consequences. For example, the court may issue a weapons prohibition order prohibiting the defendant from possessing firearms, weapons, or explosives after conviction. A criminal conviction for a weapons offence can also result in a long-lasting stigma that can make it challenging for an individual to pursue employment, housing, professional licensure, financial, or educational opportunities, as a criminal record can reflect poorly on their application.

Someone facing prosecution for firearms and weapons offences in Toronto may pursue various defence strategies to avoid conviction. Common defence strategies used in firearms and weapons cases include:

• Lack of Intent – A defendant may assert that they lacked the intention to commit a crime, which is a key element in proving guilt for many criminal offences. If intent cannot be established, the defendant may not be held legally responsible for the alleged crime.
• Lack of Possession – A defendant may assert that the Crown prosecution lacks sufficient evidence to prove they possessed the firearm or weapon. An individual may possess a firearm or weapon by having it on their person, in a bag or container they carry, or in an area they can access and control, such as a vehicle, bedroom, or shed.
• Lawful Possession – Defendants may present evidence showing that they lawfully possessed the firearm or weapon, including by holding the appropriate licence or registration certificate or possessing a firearm or weapon under a legal exception to licensure requirements, such as inheriting the firearm or weapon or temporarily borrowing a non-restricted firearm for approved purposes under a licenced individual’s supervision.
• Legal Device – A defendant may argue that the device they possessed does not qualify as a regulated firearm, weapon, or prohibited device, or that a firearm qualifies as an antique firearm and that they followed the regulations for using and displaying antique firearms.
• Mistake of Fact – A defendant might assert a mistake of fact defence if they reasonably believed they were not committing a weapons offence, such as purchasing a restricted firearm when they reasonably believed they were purchasing a non-restricted firearm.
• Necessity – In a necessity defence, a defendant argues that they committed a firearm or weapons offence to prevent a more significant harm, such as grabbing a weapon to defend themselves from an assault or an animal attack.

A defendant may also pursue a defence strategy highlighting violations of their rights under the Canadian Charter of Rights and Freedoms during the criminal investigation. For example, they may apply to exclude evidence from the prosecution’s case by arguing that law enforcement investigators obtained the evidence through an illegal search. They may also present evidence that the police’s interrogation violated their Charter rights.

The Criminal Code of Canada categorizes firearms and weapons offences as use offences, possession offences, trafficking offences, assembling offences, computer data offences, exporting or importing offences, offences relating to the altering of cartridge magazines, and offences relating to lost, found, destroyed, or defaced weapons.

Common use offences include:

• Using a Firearm in the Commission of an Offence – A person commits a crime when they use a firearm or imitation firearm, regardless of whether they intend to injure someone else with it, while committing or attempting to commit an indictable offence or while fleeing afterwards.
• Careless Use of a Firearm – Careless use occurs when a person, without lawful reason or excuse, uses, carries, handles, ships, transports, or stores a weapon or firearm carelessly or without reasonable precautions for others’ safety.
• Violation of Storage Regulations – A person commits an offence if they contravene the regulations of the Firearms Act governing the storage, handling, transportation, shipping, display, or advertising of firearms and restricted weapons.
• Pointing a Firearm – The Criminal Code outlaws pointing a firearm at another person without lawful reason or excuse, regardless of whether or not the firearm has ammunition.

The Criminal Code of Canada defines weapons or firearms tracking as manufacturing or transferring (or offering to do so) a prohibited or restricted firearm, weapon, device, or ammunition while knowing one lacks authorization to do so under the Firearms Act or any other law. Other firearms or weapons trafficking offences include:

• Possession for the Purpose of Trafficking – A person commits a crime when they possess a firearm, weapon, or ammunition for the purpose of transferring or offering to transfer it without authorization to do so under Canadian law.
• Transfer Without Authority – A person commits an offence if they transfer a firearm, weapon, prohibited device, or ammunition to any person other than under the authority of Canadian laws or regulations.

Other weapons offences under the Criminal Code include:

• Making an Automatic Firearm – A person commits a crime by altering a firearm, without lawful authority or excuse, to make it capable of rapidly discharging projectiles with one press of the trigger.
• Possession or Distribution of Computer Data – The law prohibits accessing, possessing, or distributing computer data or files about firearms or prohibited devices for use by a 3D printer, metal milling machine, or other similar device to manufacture or traffic a firearm or prohibited device, except under the authority of Canadian law.
• Unauthorized Importing or Exporting – A person commits an offence if they import or export a firearm, weapon, prohibited device, prohibited ammunition, or any component or part exclusively used to manufacture or assemble an automatic firearm.
• Altering a Cartridge Magazine – A person cannot alter a cartridge magazine that does not qualify as a prohibited device to make it into a prohibited device.
• Failing to Report a Lost, Found, or Destroyed Firearm, Weapon, Prohibited Device, or Prohibited Ammunition – A person commits an offence by failing to report a lost, abandoned, or destroyed firearm or weapon to a peace officer or firearms officer.
• Making a False Statement – A person commits a crime by knowingly making a false statement to a peace or firearms officer regarding a lost, stolen, or destroyed firearm, weapon, authorization, licence, or registration certificate.
• Tampering with a Serial Number – The law prohibits altering, defacing, or removing a serial number from a firearm or possessing it while knowing its serial number was altered, defaced, or removed.

Under Canadian law, a person must have a licence to lawfully possess a firearm, which authorizes an individual to possess specific firearms classes. Individuals may also need authorization or a registration certificate to possess restricted or prohibited weapons. Possessing a firearm or weapon without the required licence, registration, or authorization may constitute various criminal offences. Offences constituting the unauthorized possession of weapons or firearms under the Criminal Code of Canada include:

• Possession of a Weapon for a Dangerous Purpose – A person commits a crime when they carry or possess a weapon, an imitation weapon, a prohibited device, or ammunition for a dangerous purpose or the purpose of committing a criminal offence.
• Carrying a Weapon While Attending a Public Meeting – The law prohibits carrying a weapon, an imitation weapon, a prohibited device, or ammunition without lawful excuse at or while travelling to a public meeting.
• Unauthorized Possession of a Firearm – A person may not possess a prohibited, restricted, or non-restricted firearm unless they have a licence that authorizes them to do so and, for a prohibited or restricted firearm, a registration certificate for the firearm.
• Knowing Possession of a Firearm Without a Licence – A person commits a crime when they knowingly possess a firearm without a licence and, for a restricted or prohibited firearm, a registration certificate. Furthermore, a person commits a crime if they knowingly possess a prohibited device (other than a replica firearm) or prohibited ammunition without a licence.
• Possession at an Unauthorized Place – The law prohibits a person holding a licence to possess firearms, restricted or prohibited weapons, devices, or ammunition at a place where their licence prohibits them from possessing, at a place other than indicated on their licence, or at a place where the Firearms Act does not permit them to possess it.
• Unauthorized Possession in a Motor Vehicle – A person commits a crime when they occupy a vehicle they know contains a firearm, weapon, or prohibited ammunition unless they are properly licenced and authorized or reasonably believe that another occupant is.
• Possession of a Prohibited or Restricted Firearm with Ammunition – The Criminal Code outlaws possessing a loaded prohibited or restricted firearm or an unloaded prohibited or restricted firearm with readily accessible ammunition when the person does not hold an authorization or licence to possess and a registration certificate.
• Possession of a Weapon Obtained by the Commission of an Offence – A person cannot possess a firearm, weapon, or prohibited ammunition knowing they or another person obtained it through the commission of an offence in Canada, or through an equivalent act elsewhere.
• Breaking and Entering or Robbery to Steal a Firearm – A person may not break and enter a place with the intent to steal a firearm located in it, break and enter a place and steal a firearm, or break out of a place after doing either of the above.

A person also commits an offence if they carry a weapon, device, or ammunition in a concealed manner, unless authorized by the Firearms Act. They must obtain authorization to carry that specifically permits them to carry a concealed firearm. Firearm officers may approve concealed carry as a provision of an authorization to carry for an individual in imminent danger when police protection will not sufficiently protect them, or for an individual who needs to conceal carry as part of their occupation, such as armoured car personnel or wildlife protection workers.

Law enforcement authorities and Crown prosecutors treat firearms and weapons offences seriously due to the potential for injuries and fatalities arising from their misuse. As a result, prosecutors will use the government’s substantial resources to pursue convictions in firearms or weapons offence cases. You need a weapons offence lawyer to level the playing field and help you stand up for your rights and interests. Having legal representation can help you pursue a positive outcome to your weapons charges, as your lawyer can advocate on your behalf by:

• Thoroughly investigating your firearm or weapons charges to obtain all available evidence in your case
• Evaluating your legal options for fighting your charges, including identifying potentially effective defence strategies
• Helping you understand the elements of your charges and the potential outcomes in your case to help you make decisions about your rights and interests at each stage
• Challenging the prosecution’s case by filing applications to exclude evidence unlawfully obtained by police or to dismiss your charges for lack of evidence.

Vigorously pursuing every avenue to get you the best possible results under the circumstances, even if that means going to trial to fight the Crown prosecution’s case.

Following an arrest on firearms or weapons offences in Toronto, you need an experienced, dedicated legal representative to protect your rights, reputation, and future from the potential consequences of a conviction. Contact Posner Craig Stein LLP today for a confidential consultation with a firearms and weapons defence lawyer to discuss your legal options for seeking a favourable resolution to your charges in Toronto.