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:
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
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
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.