Whether you’ve been charged with a stand-alone firearms offence or it is connected to another alleged crime, handling it alone is not an option.

Cases are often highly technical and demand careful analysis from lawyers experienced in firearms charges.

With such severe penalties (possibly including jail time), it is no time to gamble on your future.

Experienced legal representation provides the best possible chance of escaping a criminal conviction and acts as a calming influence at this stressful time.

Whether you’ve been charged for the first time with possession of a handgun or you’ve illegally used a firearm in a crime, you are entitled to a defence and to prove your innocence.

We will help you:

• Analyze the evidence against you for any weaknesses
• Build a powerful defence
• Push for case dismissal, acquittal at trial, or reduced charges

Our comprehensive knowledge of the gun law regime in Canada is fundamental to your strongest possible defence.

Solomon Friedman, is a local authority on the matter, speaking and writing regularly about firearms law in Ottawa.

What are the firearms laws in Canada?

In Canada, gun ownership laws are not as liberal as in the U.S. but there are many lawful gun owners and collectors in the country.

The relevant laws and penalties are laid out in the Criminal Code and the Firearms Act (1995), The latter covers:

• Firearms
• Cross-bows
• Prohibited weapons
• Restricted weapons
• Prohibited devices
• Ammunition 

Gun ownership is heavily regulated in Canada and a gun registry was established in 2002 to maintain control.

According to the Criminal Code, prohibited firearms are:

• Handguns with a barrel “equal to or less than 105mm in length”, or designed to utilize .25 or .32 caliber ammunition
• Any firearm which is a rifle or a shotgun less than 660mm in length or with a barrel less than 457mm in length
• Any automatic firearm that has not been “altered to discharge only one projectile with one pressure of the trigger” 

These firearms rules apply to everyone except police officers and other exempt categories.

If you owned a registered firearm that became prohibited when the firearms act was initiated, you may still legally possess that firearm.

Many Canadians face a lack of understanding by the law enforcement authorities (including the police) of firearms laws.

In these cases., a firearms charge is relatively simple to defend for any experienced lawyer.

However, most firearms charges are more challenging.

Some examples of common firearms offences in Ottawa include:

• Unauthorized possession (unregistered firearms)
• Failure to report a lost firearm
• Failure to report finding a firearm that does not belong to you
• Improper storage of firearms
• Transporting firearms without authorization from the Chief Firearms Officer

The most common of all firearms charges is illegal possession. You must have a licence for your firearm and, if it is restricted, a registration certificate too.

Unauthorized or illegal possession

It is illegal to possess a firearm without a valid licence or registration certificate. This offence applies to individuals who have firearms without completing the required firearm safety course or obtaining a licence from the RCMP. Unauthorized possession is a hybrid offence, meaning it can be prosecuted as either a summary conviction or indictable offence. Penalties may range from fines and probation to imprisonment, depending on the type of firearm and other circumstances.

Possession of a restricted or prohibited firearm

Possessing restricted or prohibited firearms without the necessary authorization, such as a Possession and Acquisition Licence (PAL) and a registration certificate, is illegal. Restricted and prohibited firearms require additional permissions, and owning them without the proper documentation is a serious offence. Possession of a restricted or prohibited firearm without a licence can result in up to 10 years in prison if prosecuted as an indictable offence. Summary convictions may lead to less severe penalties.

Possession of a weapon obtained by crime

Possessing a weapon acquired through criminal activities—whether stolen or illegally obtained—is a serious offence. This includes firearms, knives, and other weapons. If prosecuted as an indictable offence, penalties can include up to 10 years in prison. For summary offences, lighter penalties such as fines, probation, or shorter prison sentences may apply. It’s crucial to seek legal representation to navigate these charges effectively.

Carrying a concealed weapon without authorization

In Ontario, carrying a concealed weapon, including firearms, without proper authorization is a criminal offence. Concealing a weapon increases the risk to public safety, as it poses a potential threat in emergencies or conflicts. Carrying a concealed weapon is an indictable offence, punishable by up to 5 years in prison. Legal representation is essential to defend against these serious charges.

Possessing a firearm in a vehicle without authorization

In Ontario, possessing a firearm in a vehicle without proper authorization or secure storage is prohibited. This law aims to ensure firearms are not easily accessible during transportation, reducing the risk of misuse or accidental discharge. Violating this law can result in imprisonment, particularly if the firearm is loaded or readily accessible. Additional penalties may apply depending on the circumstances of the offence. Legal counsel is crucial for those facing such charges.

Failing to store a firearm properly

Under Canadian law, firearm owners are legally obligated to store their firearms securely to prevent misuse, theft, or accidents. Failing to store a firearm in compliance with safety regulations is considered a criminal offence. Improper firearm storage is classified as a hybrid offence. If prosecuted as a summary conviction, penalties may include fines and probation. However, for indictable offences, penalties can be more severe, including imprisonment. It is crucial to understand the laws surrounding firearm storage to avoid serious legal consequences.

Pointing a firearm

Pointing a firearm at someone without lawful excuse is a criminal offence under section 87 of the Criminal Code of Canada. This applies even if the firearm is unloaded. The law treats pointing a firearm as a serious offence, as it can cause fear or harm to others. Pointing a firearm can be prosecuted as an indictable offence, leading to a maximum prison sentence of 5 years. Alternatively, if tried as a summary conviction, the penalties are typically less severe but still carry significant legal consequences. Understanding your rights and responsibilities when handling firearms is critical to avoid serious criminal charges.

More serious cases involving firearms include:

• Trafficking – transferring possession of a firearm, weapon or ammunition to someone not authorized to possess it 
• Illegal use of a firearm – such as pointing a firearm or carrying a concealed weapon
• Use of a firearm in a burglary, assault, or other serious crime – a standalone charge applying to anyone using a firearm, whether it results in bodily harm or not

Penalties for firearm convictions in Ottawa

The main concern with firearms charges is the perceived risks posed to public safety.

If you do not exercise enough care or take reasonable precautions for the safety of others while owning, using, storing, or transporting firearms or ammunition, the consequences are serious.

Your case can be treated as a “hybrid offence”, meaning that it can be either a summary charge or an indictable charge, depending on the level of perceived risk to public safety.

Being found guilty for the first time of a “non-severe” firearms offence will generally mean:

• Six months to five years in prison 
• A $5,000 fine 

For more severe offences, you can expect:

• A minimum prison sentence of six months to 2-3 years (up to 10 years maximum)
• A $5,000 fine 

Repeat offenders will face more severe penalties.