Firearms and Weapons Offences
Firearms offences are grave matters, and a conviction can lead to significant jail time.
Restricted or prohibited firearms, including handguns, short-barreled handguns,
shotguns, automatic, and semi-automatic weapons, fall under strict regulations. These
charges often intertwine with other criminal allegations like robbery with a firearm.
The Criminal Code of Canada outlines various firearms offences, categorized into
possession, use, and selling-related offences. Even if only one firearm is seized, an
individual may face multiple charges, each requiring the Crown to prove specific elements
for a guilty verdict. Some notable firearm offences include:
1. Careless Use of a Firearm (Section 86(1)):
- Criminalizes the careless use, handling, transportation, or storage of a prohibited firearm without reasonable precautions for others' safety.
- Common for those arrested carrying firearms in public or found with illegal firearms.
2. Unauthorized Possession of a Firearm (Section 91(1) and (2)):
- Offence for possessing any firearm without a required license or registration certificate.
3. Possession of a Prohibited or Restricted Firearm (Section 95(1)):
- Offence for possessing a loaded prohibited or restricted firearm or an unloaded firearm with readily accessible ammunition.
4. Possession of a Firearm with a Serial Number Defaced (Section 108(1)):
- Criminalizes possession of a firearm with an altered, defaced, or removed serial number.
5. Pointing a Firearm (Section 87(1)):
- Offence for pointing a firearm at another person, carrying a punishment of up to five years in jail.
6. Discharging a Firearm with Intent (Section 244(1)):
- Serious offence involving discharging a firearm at another person with intent to cause harm or prevent arrest, carrying a minimum of five years in prison.
7. Use a Firearm in the Commission of an Offence (Section 85(2)):
- Criminalizes the use of a firearm while committing another offence, such as robbery, with a mandatory minimum punishment of one year in jail.
Understanding the specific requirements for each offence is crucial for individuals facing
firearms charges. Seeking legal advice is essential to navigate these complex legal matters.
Defending Against Firearm Charges
When facing firearm charges, several potential defenses can be employed to challenge the allegations:
When facing firearm charges, several potential defenses can be employed to challenge the allegations:
1. Charter Rights:
- If there's a breach of your Charter rights by the police, you can file an application to exclude the firearm as evidence.
2. Knowledge Defense:
- The Crown must prove your knowledge and control of the firearm. For instance, if a firearm is found in a vehicle, all occupants may be charged, but they can defend themselves by claiming they were unaware of the firearm's presence.
3. Operational Status:
- The Crown must establish that the firearm was operational or easily made operational. If the firearm is broken or missing parts, this essential element of the offence may be challenging for the Crown to prove.
Sentencing for Firearm Offences in Canada:
The sentencing for firearm offences varies based on the case's specific facts. A jail sentence, especially one in a penitentiary, is common upon conviction of a firearm offence. The severity of the sentence depends on factors such as the nature of the offence, prior criminal history, and the presence of aggravating or mitigating circumstances.
The sentencing for firearm offences varies based on the case's specific facts. A jail sentence, especially one in a penitentiary, is common upon conviction of a firearm offence. The severity of the sentence depends on factors such as the nature of the offence, prior criminal history, and the presence of aggravating or mitigating circumstances.
Illegal Search Defense:
It is possible to argue that you were subjected to an illegal search by the police. Many cases involving possession of weapons are successfully defended by excluding evidence obtained through illegal searches, stops, or interrogations by the police. If the evidence is tainted due to an unlawful search, it may be deemed inadmissible in court. It is crucial to consult with a legal professional when facing firearm charges to assess the specific circumstances of your case and determine the most effective defense strategy.
It is possible to argue that you were subjected to an illegal search by the police. Many cases involving possession of weapons are successfully defended by excluding evidence obtained through illegal searches, stops, or interrogations by the police. If the evidence is tainted due to an unlawful search, it may be deemed inadmissible in court. It is crucial to consult with a legal professional when facing firearm charges to assess the specific circumstances of your case and determine the most effective defense strategy.
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