Weapons, Guns & Firearms Offences

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Weapons, Guns & Firearms Offences

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FARJOUD LAW – TORONTO CRIMINAL LAWYER

WEAPONS, GUNS & FIREARMS LAWYER


 

 

What Are Weapons/Guns/Firearms Offences?

There are a wide array of Weapons, Guns and Firearms Offences defined in the Criminal Code of Canada under “Part III – Firearms and Other Weapons.” In addition to the criminal offences contained in this part of the Criminal Code, there are other related weapons and guns offences, including, but not limited to, robbery offences and criminal organization offences. Below is a list of various weapons related offences:

 

Use Offences

  • Section 85 – Using a Weapon/Firearm/Gun during the Commission of a Criminal Offence
  • Section 86 – Careless Use of a Weapon/Firearm/Gun
  • Section 87 – Pointing a Gun/Firearm at Another Person

 

Possession Offences

  • Section 88 – Possession of a Weapon/Firearm/Gun for Dangerous Purposes
  • Section 89 – Carrying a Weapon/Firearm/Gun While Attending Public Meetings
  • Section 90 – Carrying a Concealed Weapon/Firearm/Gun
  • Section 91 – Unauthorized Possession of a Weapon/Firearm/Gun
  • Section 92 – Possession of a Weapon/Firearm/Gun Knowing Its Possession Is Unauthorized
  • Section 93 – Possession of a Weapon/Firearm/Gun at an Unauthorized Place
  • Section 94 – Unauthorized Possession of a Weapon/Firearm/Gun in a Vehicle
  • Section 95 – Possession of a Restricted or Prohibited Weapon/Firearm/Gun
  • Section 96 – Possession of a Weapon/Firearm/Gun Obtained by the Commission of a Criminal Offense
  • Section 98 – Breaking and Entering to Steal a Weapon/Firearm/Gun

 

Trafficking Offences

  • Section 99 – Weapons/Firearms/Guns Trafficking
  • Section 100 – Possession for the Purpose of Weapons/Firearms/Guns Trafficking
  • Section 101 – Transferring Weapons/Firearms/Guns without Authority

 

Export and Import Offences

  • Section 103 –Exporting and Importing Weapons/Firearms/Guns Knowing It Is Unauthorized
  • Section 104 – Unauthorized Export and Import of Weapons/Firearms/Guns

 

Offences Relating to Destroyed, Defaced, and Lost Weapons

  • Section 105 – Finding or Losing Weapons/Firearms/Guns
  • Section 106 – Destroying Weapons/Firearms/Guns
  • Section 107 – Making False Statements about Losing, Destroying, or Theft of Weapons/Firearms/Guns
  • Section 108 – Tampering with Weapons/Firearms/Guns Serial Numbers

 

Depending on the offence, the Crown could prosecute an accused person either as an indicatable offence or summary conviction. Due to the wide array of weapons related offences, it is highly recommended to seek assistance from a skilled Toronto criminal defence lawyer.

 

 

 

Weapons/Firearms/Guns Offences FAQs


 

Could I be imprisoned if I am convicted and found guilty?

It is highly probable. Essentially all Weapons/Firearms/Guns Offences have maximum imprisonment periods ranging from a few years to life in prison. Numerous other offences carry mandatory minimum imprisonment periods.    

 

What is considered a weapon?

A weapon can be defined as any object, item, or device which can be used to maim, injure, threaten, harm, or kill another individual. The law does not limit weapons to just firearms, guns, knives, crossbows, bows and arrows, and other such items. Essentially any object, item, or device could potentially be defined as a weapon, regardless of whether it is restricted or non-restricted.  
For example, golf clubs, paper weights, letter openers, silverware, belts, clothing, jackets, tire irons, pillows, bedding, and vehicles could all be defined as weapons if they were intentionally used to main, harm, injure, kill or threaten another.

 

Can I be charged if I give a weapon, firearm, or gun away?

It depends on the actual weapon. In cases of firearms and guns that are registered in your name, you need to legally transfer the registration to the person you give it to, otherwise, if they commit a criminal offence, you could potentially be charged for a lost weapons offence or an authorized transfer offence, or both.
In situations where the weapon is a knife, crossbow, bow and arrow, or some other form of weapon, not defined as a gun or firearm, it is best to check with either a criminal defence lawyer in North York, Toronto or law enforcement to verify the correct procedure to ensure you do not violate any laws. 

 

Can I be charged for multiple Weapons/Guns/Firearms and related Offences?

Yes, in some cases. It really depends upon the circumstances surrounding your particular situation. If you commit multiple offences, then the Crown could potentially bring multiple charges against you. For instance, you use restricted weapon, gun, or firearm to assault a person with the intention of stealing from them. The Crown could potentially charge you with a weapons possession charge, an assault charge, and a robbery charge.

 

Can I be charged with Weapons/Firearms/Guns Offences if I got permission to use the weapon?

Possibly. It depends on what was occurring to cause the police to investigate and how they came to find you in possession of the weapon.  

 

Can I be charged for an offence if someone took the weapon without my knowledge?

Again, it depends upon the circumstances of the case. For instance, a family member took the weapon without your knowledge and committed a criminal offence. As long as you had no knowledge they were going to take your weapons and commit the offence, then you might not be charged with a crime.

 

Please note that this article is solely for informational purposes and should not be considered legal advice. In order to ensure the protection of your rights and interests, please consult a criminal defence lawyer prior to acting or relying upon any information.

 


Contact Farjoud Law

If you or someone you care about has been charged with drug possession offence, it is in your best interests to speak directly to a criminal defence lawyer in North York, Toronto to find out your rights and get your questions answered. Call Farjoud Law now at (647) 606-6776 to speak with a criminal lawyer to discuss your matter. We are available 24 hours a day, 7 days a week.
Farjoud Law is located at 4950 Yonge Street, Suite 2200 in the neighbourhood of North York in Toronto, Ontario. Click here for directions to our law office.

2 Comments

  1. James says:

    What’s the charge for gettin caught with bullets and how serious is it?

    • Possession of ammunition or bullets for a firearm is commonly referred to as unsafe or careless storage of ammunition, pursuant to section 86(1) of the Criminal Code of Canada. Section 86(1) is not solely with respect to offences relating to ammunition; in fact, it contains a variety of distinct criminal offences relating to firearms and weapons.

      Section 86(1) states: Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

      For more details on various offences, definitions of terms, or the prescribed punishments such offences, please refer to Part III Firearms and Other Weapons of the Criminal Code of Canada.

      Note: This website and its contents are solely intended for informational purposes and is not legal advice and thus should not be considered to be legal advice. In order to ensure the protection of your rights and interests, please consult a lawyer prior to acting upon or relying on any information

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