Firearms and Weapons Offences in Ontario

Firearms Offences Under Canadian Law

The Criminal Code contains numerous offences involving firearms, prohibited weapons, restricted weapons, ammunition and related devices.

A firearms investigation may result in allegations concerning:

• Unauthorized possession of a firearm;
• Possession of a prohibited or restricted firearm;
• Possession of a firearm obtained through an offence;
• Possession contrary to a court order;
• Careless use or storage;
• Pointing a firearm;
• Carrying a concealed weapon;
• Possession of a weapon for a dangerous purpose;
• Unauthorized possession in a motor vehicle;
• Use of a firearm during another offence;
• Trafficking or transferring a firearm;
• Altering or removing a serial number; or
• Failure to comply with licensing, registration, storage or transportation requirements.

The precise offence depends on the type of item, the accused’s legal authority to possess it and the circumstances in which it was found or allegedly used.

Common Firearms and Weapons Charges

A person may face one or more charges arising from the same investigation.

Careless Use or Storage of a Firearm

Section 86 of the Criminal Code addresses careless use, handling, carrying, transportation and storage of firearms, prohibited weapons, restricted weapons, prohibited devices and ammunition.

The Crown may allege that the accused failed to take reasonable precautions for the safety of other people or failed to comply with applicable regulations.

The defence may examine the location, storage equipment, access to the item and the steps taken by the accused.

Pointing a Firearm

Section 87 prohibits intentionally pointing a firearm at another person without lawful excuse.

The firearm does not necessarily have to be loaded. The Crown must still prove that the accused intentionally pointed the firearm and that the object met the applicable legal definition.

Possession of a Weapon for a Dangerous Purpose

Section 88 applies where a person carries or possesses a weapon, imitation weapon, prohibited device or ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

Possession of an object that could be used as a weapon does not automatically establish a dangerous purpose. The Crown must prove the prohibited purpose.

Carrying a Concealed Weapon

Section 90 addresses carrying a weapon, prohibited device or prohibited ammunition while concealing it without lawful authorization.

The circumstances of possession, the accused’s knowledge and whether the item was concealed may all be disputed.

Unauthorized Possession of a Firearm

Sections 91 and 92 address unauthorized possession. The applicable charge may depend on whether the Crown alleges that the accused knew they were not the holder of the required licence or registration certificate.

Licensing status, registration records, the classification of the firearm and the accused’s knowledge may be important.

Possession of a Prohibited or Restricted Firearm With Ammunition

Section 95 addresses possession of certain prohibited or restricted firearms that are loaded or kept together with readily accessible ammunition, without the required authorization and registration.

The Crown must prove the required possession, knowledge, firearm classification, ammunition circumstances and lack of authorization.

Possession Contrary to an Order

A person prohibited by a court order from possessing firearms, weapons, ammunition or related items may face an additional charge if found in possession of a prohibited item.

The Crown must establish the existence and terms of the order, the accused’s identity and the required possession and knowledge.

Use of a Firearm During an Offence

Additional charges may arise where the Crown alleges that a firearm was used, carried or discharged during the commission of another indictable offence.

The evidence must establish the connection between the accused, the firearm and the underlying offence.

Firearm Classifications and Licensing

Canadian law distinguishes among different classifications of firearms. The legal requirements may depend on whether an item is classified as:

• A non-restricted firearm;
• A restricted firearm;
• A prohibited firearm;
• A prohibited weapon;
• A restricted weapon;
• A prohibited device; or
• Ammunition or prohibited ammunition.

The classification of an item can affect licensing, registration, transportation, storage and potential criminal liability.

Firearms legislation and classification rules can change. The Crown must prove that the item falls within the legal category alleged in the charge.

Evidence may include records from the Canadian Firearms Program and expert examination of the seized item.

What Is Possession?

Many firearms cases depend on whether the Crown can prove possession.

Possession generally requires knowledge of the item and an element of control. It may be alleged in different ways.

Personal Possession

Personal possession may be alleged when a firearm or weapon is found directly on the accused or in an item carried by the accused.

Constructive Possession

Constructive possession may be alleged where the firearm was not physically on the accused, but the Crown claims that the accused knew where it was and exercised control over it.

Joint Possession

The Crown may allege that two or more people jointly possessed the same firearm. The required knowledge and control must still be proved for each accused person.

Mere presence in a home, room or vehicle where a firearm is found does not automatically establish possession.

What Must the Crown Prove?

The Crown must prove every essential element of the alleged offence beyond a reasonable doubt.

Depending on the charge, the Crown may need to establish:

• The identity of the accused;
• That the seized object was a firearm, weapon, prohibited device or ammunition as legally defined;
• That the accused knew of the item;
• That the accused possessed or controlled it;
• That the accused lacked the required licence, registration or authorization;
• That the firearm was prohibited or restricted, where alleged;
• That ammunition was present and readily accessible, where alleged;
• That the accused acted for a prohibited purpose, where alleged;
• That the accused used, carried, stored or pointed the item as alleged; and
• That the evidence supports the specific offence charged.

The presence of a firearm at a location associated with the accused does not remove the Crown’s obligation to prove knowledge and control beyond a reasonable doubt.

Evidence in a Firearms Case

Evidence may include:

• The firearm or weapon seized by police;
• Ammunition, magazines or other devices;
• Firearms licences and registration records;
• Forensic examination of the firearm;
• Fingerprint or DNA evidence;
• Police body-worn camera recordings;
• Security or cellphone video;
• Photographs;
• Search-warrant materials;
• Police surveillance;
• Text messages and social-media communications;
• Cellphone location or device data;
• Statements from occupants or witnesses;
• Expert evidence concerning classification or operability; and
• Statements allegedly made by the accused.

The defence may examine whether the evidence reliably connects the accused to the firearm and whether the search and seizure were lawful.

Search Warrants and Police Entry

Firearms investigations may involve searches of homes, vehicles, businesses, storage spaces, cellphones or other property.

Police may rely on:

• A search warrant;
• An arrest warrant;
• Consent;
• Powers connected to an arrest;
• Urgent or exigent circumstances; or
• Another statutory authority.

The defence may examine whether police had lawful grounds to enter or search, whether the warrant contained accurate and complete information and whether officers remained within the scope of their authority.

Where police entered a residence without a warrant, the circumstances and claimed legal justification may require close examination.

Forensic Evidence

A firearm may be examined to determine:

• Whether it meets the Criminal Code definition of a firearm;
• Whether it is operable;
• Whether it is prohibited, restricted or non-restricted;
• Whether it was loaded;
• Whether ammunition was compatible;
• Whether a serial number was altered or removed;
• Whether it was recently discharged; and
• Whether fingerprints or DNA were recovered.

The absence of fingerprint or DNA evidence does not automatically end a prosecution. However, the presence, absence and interpretation of forensic evidence may affect whether the Crown can connect the accused to the item.

Possible Defences to a Firearms Charge

The available defence depends on the charge, evidence and circumstances. Possible issues may include the following.

Lack of Knowledge

The accused may not have known that a firearm or weapon was present in a vehicle, residence, bag or other location.

The Crown must establish the required knowledge rather than relying only on the accused’s proximity to the item.

Lack of Possession or Control

A firearm found in a shared home, vehicle or room may have been accessible to several people.

The defence may examine who owned the item, who had access to the location and whether the accused exercised control over it.

Valid Licence, Registration or Authorization

The evidence may show that the accused possessed the required legal authorization or reasonably relied on information concerning licensing or registration.

The precise wording of the charge and the accused’s knowledge must be considered.

The Item Does Not Meet the Legal Definition

The Crown must prove that the seized object falls within the statutory definition alleged.

Expert evidence concerning the object’s design, operability, classification or modification may be disputed.

No Dangerous Purpose

For a charge involving possession of a weapon for a dangerous purpose, the Crown must prove the prohibited purpose.

The surrounding circumstances may be consistent with a lawful or non-dangerous purpose.

No Intentional Pointing or Use

The evidence may raise a reasonable doubt about whether the accused intentionally pointed, used or discharged a firearm.

Witness reliability, video evidence, physical circumstances and the accused’s actions may require examination.

Identity

The Crown must prove that the accused was the person who possessed or used the firearm.

Identification evidence may be challenged where the incident occurred quickly, visibility was limited or the witnesses did not previously know the person involved.

Unreliable or Incomplete Forensic Evidence

Fingerprint, DNA, firearm and ballistic evidence must be collected, preserved, analyzed and interpreted properly.

The defence may examine continuity, contamination, laboratory procedures and whether the forensic results support the conclusions alleged.

Charter Violations

Potential Charter issues may involve:

• Warrantless entry into a home;
• An unlawful vehicle search;
• Problems with a search warrant;
• Unlawful detention or arrest;
• Failure to provide timely access to counsel;
• Improper cellphone searches; or
• Statements obtained in violation of the accused’s rights.

Where a Charter breach is established, the defence may seek exclusion of evidence or another appropriate remedy.

Not every defence applies to every case. The disclosure and individual circumstances must be reviewed before a defence strategy can be determined.

What Happens After a Firearms Charge?

Following an arrest, the accused may be released with strict conditions or held for a bail hearing. The Crown may oppose release depending on the allegations and circumstances.

Release conditions may prohibit the accused from:

• Possessing firearms, weapons or ammunition;
• Communicating with specified people;
• Attending particular locations;
• Entering a residence where firearms are stored;
• Travelling outside a specified area; or
• Using specified communication devices.

The case will normally proceed through several stages:

• Release or bail;
• First court appearance;
• Receipt and review of Crown disclosure;
• Review of search-warrant materials;
• Examination of firearms and forensic reports;
• Crown pre-trial discussions;
• Judicial pre-trial;
• Charter applications or other motions;
• Resolution discussions; and
• Trial, if the matter is not otherwise resolved.

The accused must comply with all release conditions unless they are formally changed.

Will a Firearms Charge Result in Jail?

The possible outcome depends on:

• The particular offence;
• The type and classification of the firearm;
• Whether the firearm was loaded;
• Whether ammunition was readily accessible;
• Whether the firearm was used or discharged;
• Whether violence or another offence was alleged;
• The accused’s criminal record;
• Whether the accused was subject to a prohibition order; and
• Other aggravating or mitigating circumstances.

Potential outcomes may include withdrawal of the charge, a peace bond, a discharge where legally available, probation, a fine, a conditional sentence where legally available or imprisonment.

Some firearms offences carry significant maximum penalties and may involve statutory restrictions affecting the available sentence. No particular outcome can be predicted without reviewing the charge, evidence and applicable law.

Weapons Prohibition Orders and Forfeiture

A firearms conviction may result in an order prohibiting the person from possessing firearms, cross-bows, restricted weapons, ammunition or related items.

The duration and terms of the prohibition depend on the offence, sentence and applicable legislation.

The Crown may also seek forfeiture of a firearm, ammunition or other property seized during the investigation. Seizure at the time of arrest does not by itself determine whether the property will ultimately be forfeited.

Firearms Charges and Immigration Status

A firearms charge or conviction may create serious immigration consequences for a permanent resident, foreign national or other person who is not a Canadian citizen.

The potential effect depends on the offence, prosecution method, sentence and individual immigration status. Coordinated advice from criminal and immigration counsel should be considered before decisions are made concerning a plea or resolution.

Why Experience With Police Investigations Matters

Before becoming a criminal defence lawyer, Jake Shen served as a Toronto police officer. This experience provides practical insight into how police respond to firearms complaints, conduct surveillance, prepare search-warrant applications, enter residences, seize weapons and interview suspects.

As defence counsel, Jake reviews the investigation from the perspective of the accused and examines whether the evidence establishes knowledge and possession, whether the firearm was properly classified and whether the accused’s Charter rights were respected.

Speak With a Toronto Criminal Defence Lawyer

If you have been charged with a firearms or weapons offence in Toronto, Markham or elsewhere in Ontario, obtaining legal advice early may help you understand the allegations, release conditions and evidence.

Contact Jake Shen to discuss the charge, the police investigation and the next steps in the criminal court process.

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The information on this page is general information and is not individualized legal advice. Reading this page or submitting a contact form does not by itself create a lawyer-client relationship.