Weapons and Firearms Charges
Weapons and firearms law in Canada is one of the most technically complex areas of criminal law. A charge can arise from something as seemingly minor as improper storage of a hunting rifle or as serious as possession of a prohibited firearm in connection with drug trafficking. Our Calgary criminal defence lawyers have 110 combined years of experience defending these charges at every level.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Weapons and firearms law in Canada sits at the intersection of the Criminal Code and the Firearms Act and it is genuinely one of the most technically complex areas of criminal law. The spectrum runs from a charge as seemingly minor as carrying a baton for a dangerous purpose all the way through to possession of a modified prohibited firearm in connection with drug trafficking or organized crime, where mandatory minimum sentences of three years or more apply.
What surprises many people is how easily a law-abiding gun owner finds themselves on the wrong side of this framework. Improper storage of a hunting rifle. Owning ammunition that does not comply with regulations that changed without much public notice. Inheriting a firearm and not understanding the transfer requirements. These are not hypothetical scenarios. They are real cases our office has defended.
Our team has 110 combined years of experience defending weapons and firearms charges across Alberta. Call (587) 355-8889 for a free consultation. Available 24 hours a day.
The Two Bodies of Law That Govern These Charges
Weapons and firearms offences in Canada are governed by two overlapping pieces of legislation that each impose their own requirements, their own offences, and their own penalties.
The Criminal Code
The Criminal Code creates offences for unauthorized possession of firearms and weapons, possession for a dangerous purpose, weapons trafficking, use of a firearm in the commission of an offence, and careless storage. Criminal Code weapons offences carry mandatory minimum sentences in many circumstances and the sentencing exposure for the most serious matters is significant.
The Firearms Act
The Firearms Act governs licensing, registration, storage, transportation, and transfer of firearms. Violations of the Act give rise to charges that are often characterized as technical or administrative but carry real criminal consequences including jail time. Law-abiding gun owners are charged under the Firearms Act with genuine regularity because the regulatory requirements are detailed, change over time, and are not always clearly communicated.
The Spectrum of Weapons and Firearms Charges
Possession of a Weapon for a Dangerous Purpose
One of the broadest provisions in the Criminal Code. A weapon for these purposes is not limited to firearms. A baton, a knife, a baseball bat, or virtually any object can constitute a weapon if it can be established that the accused was carrying it for a dangerous purpose. The dangerous purpose element is where the defence focuses. What the accused was actually doing with the object, the context of the encounter, and whether the Crown's inference of dangerous purpose is supported by the evidence are all subject to challenge.
Unauthorized Possession of a Firearm
Possessing a firearm without a valid licence is an offence under both the Criminal Code and the Firearms Act. The punishments for unauthorized possession of a non-restricted firearm range from a discharge through to five or more years imprisonment. For a restricted or prohibited firearm, the range is one year minimum through to ten years maximum. Whether the accused actually possessed the firearm, whether they had knowledge of its presence, and whether their licensing was actually invalid are the central defence issues.
Possession of a Prohibited or Restricted Firearm
Prohibited firearms in Canada include handguns less than 105mm in length, sawed-off rifles and shotguns, automatic weapons capable of rapid fire, and a range of other weapons including 3D printed firearms that have been added to the prohibited list in recent years. The Federal Government's May 2020 regulatory changes added approximately 1,500 previously restricted or non-restricted firearms to the prohibited category. Restricted firearms include handguns that are not prohibited, firearms with barrels less than 470mm, and semi-automatic centre-fire weapons. Possessing a restricted firearm requires both a licence and a valid registration certificate.
Improper Storage of a Firearm
Firearms in Canada must be stored in compliance with specific regulatory requirements. A firearm found during a police search that is not stored in accordance with those requirements gives rise to a careless storage charge even where the owner has every required licence. These charges arise in the context of domestic calls, traffic stops, and drug investigations where police attend a premises and discover firearms in the course of another investigation.
Weapons Trafficking
Transferring possession of a firearm or ammunition to a person who is not authorized to possess it is a serious indictable offence with a maximum of ten years and a mandatory minimum of three years for a first offence. These charges arise in organized crime and drug trafficking contexts as well as in private sale situations where the parties did not comply with the required transfer procedures.
Use of a Firearm in the Commission of an Offence
Where a firearm is alleged to have been used in connection with another serious offence such as robbery, sexual assault, or drug trafficking, a separate and additional charge under section 85 of the Criminal Code is typically laid. Convictions under this provision attract mandatory consecutive sentences that run in addition to the sentence for the underlying offence.
Weapons Charges Bundled with Other Serious Offences
Weapons charges frequently arrive alongside drug trafficking allegations, break and enter charges, and domestic assault matters. The bundled nature of these prosecutions means the defence needs to address all charges in a coordinated way. A strong defence on the weapons component can affect both bail and the overall sentencing position across the file.
Law-Abiding Gun Owners and the Complexity of the Regulatory Framework
Canada has approximately one million handguns and six million long guns in circulation. The vast majority of owners are law-abiding citizens who comply with the requirements they are aware of. The problem is that the regulatory framework is detailed, layered, and changes over time in ways that are not always well-publicized.
The May 2020 federal regulatory changes that reclassified 1,500 previously legal firearms as prohibited is a clear example. Owners of those firearms faced new compliance obligations and criminal exposure through no fault of their own conduct. Defending firearms charges in these circumstances involves challenging both the regulatory application and the appropriateness of prosecution.
If you are a gun owner facing a charge that arose from the technical requirements of the Firearms Act rather than any intent to misuse a weapon, that context is directly relevant to how your case should be defended and resolved.
The Defences That Matter in Weapons Cases
The Object Is Not a Firearm or Restricted Weapon
The definition of firearm, restricted firearm, and prohibited firearm under Canadian law is technical. Whether an object meets those definitions is not always obvious. We retain expert witnesses to challenge the Crown's classification of an object where the classification is genuinely in dispute.
No Knowledge or Control
Simply because a weapon was found in your home, your vehicle, or your vicinity does not establish possession beyond a reasonable doubt. The Crown must prove the accused knew the firearm was present and had some degree of control over it. Where the weapon was in a shared space, in a vehicle used by multiple people, or in circumstances where another person's access to the location is relevant, knowledge and control are genuinely contested issues.
No Dangerous Purpose
Where the charge is possession for a dangerous purpose, the Crown must establish what that purpose was. An object carried for a legitimate reason, even one that could theoretically be used as a weapon, does not automatically meet the dangerous purpose threshold. The full context of why the object was being carried, and what the accused was actually doing, is relevant to this element.
Charter Challenges
Weapons charges frequently arise from searches of homes, vehicles, and persons. The same warrant and search analysis that applies in drug cases applies here. A search conducted without proper authorization, or a warranted search that exceeded its scope, can result in the exclusion of the weapon from evidence. Without admissible evidence of the weapon itself, the charge cannot stand.
Licensing and Registration Compliance
Where the charge is based on a licensing or registration deficiency, the specific requirements that were alleged not to have been met, whether those requirements were actually in force and correctly applied to the accused's specific firearm, and whether the accused made efforts to comply are all relevant to both the defence and any sentencing position.
Mandatory Minimum Sentences and Why They Matter
Weapons charges are one of the areas of Canadian criminal law where mandatory minimum sentences apply with particular force. This matters to the defence strategy from day one.
Where a mandatory minimum applies, the sentencing judge has no discretion below that threshold if a conviction results. This means the stakes on the trial itself are higher and the importance of achieving a not guilty verdict, a stay of proceedings, or a resolution that avoids the mandatory minimum provision is more significant than in cases where the judge has full sentencing discretion.
We assess the mandatory minimum exposure in every weapons file at the beginning of the retainer and build the defence strategy around it.
A defence built in four steps.
We Listen
You tell us exactly what the charge is, what firearm or weapon is alleged to have been involved, how it came to police attention, what search or other investigative steps were taken, and whether the charge is bundled with other offences. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess which Criminal Code and Firearms Act provisions apply, whether mandatory minimums are engaged, how the weapon came to be discovered, whether Charter issues arise from the search, and whether knowledge and control can be challenged on the facts.
We Explain Your Options
We tell you what the mandatory minimum exposure is if any, what the realistic defence strategies look like given the specific evidence, whether expert witnesses are needed to challenge classification, and how the weapons charge interacts with any companion offences on the file.
We Take Action
We obtain full disclosure, challenge search warrants and seizures where the legal basis is defective, retain expert witnesses on classification where needed, and build the most targeted defence the evidence allows from the first day we are retained.
Frequently Asked Questions
What is a prohibited firearm in Canada?+
Prohibited firearms are weapons that are unlawful to possess in Canada unless ownership predates the prohibition. They include handguns less than 105mm in length or designed to discharge 25 or 32 calibre ammunition, sawed-off rifles and shotguns, automatic weapons capable of rapid fire, and other weapons added to the prohibited list through regulatory change. The Federal Government's May 2020 regulatory changes added approximately 1,500 previously legal firearms to the prohibited category. Possession of a prohibited firearm carries serious mandatory minimum sentences.
Can I be charged with a firearms offence even if I have a licence?+
Yes. A valid firearms licence does not automatically protect against all firearms charges. Improper storage of a licensed firearm, possession of a firearm that is not covered by your specific licence, and failure to comply with transportation requirements can all give rise to charges even where the owner holds a current licence. The regulatory requirements are detailed and a licenced gun owner who does not stay current with all of them faces real criminal exposure.
What does it mean to possess a weapon for a dangerous purpose?+
Possession of a weapon for a dangerous purpose is a broad Criminal Code offence that applies to virtually any object if it can be established that the accused was carrying it with intent to use it for a dangerous purpose, including to threaten or harm another person. This charge is not limited to firearms. A baton, a knife, or any other object can constitute a weapon for these purposes. The Crown must prove the dangerous purpose beyond a reasonable doubt and that element is frequently the central battleground in these cases.
What are the mandatory minimum sentences for firearms offences in Canada?+
Mandatory minimums for firearms offences depend on the specific charge and circumstances. Trafficking in firearms carries a mandatory minimum of three years for a first offence. Using a firearm in the commission of an indictable offence carries mandatory minimum consecutive sentences. Possession of a loaded prohibited or restricted firearm, or an unloaded one with readily accessible ammunition, carries a mandatory minimum of one year rising to three years for a second offence. These minimums significantly affect how these cases must be defended.
Can police search my home for firearms without a warrant?+
Generally no. The same Charter protections that apply in drug and other serious criminal cases apply to firearms searches. Police must have a valid search warrant or another recognized legal basis to search a home for firearms. A search conducted without proper authorization is a Charter violation and the weapon discovered in that search may be excluded from evidence. This is one of the most important defence steps in weapons cases that arose from a residential search.
What if I did not know there was a firearm in my vehicle or home?+
Knowledge and control are essential elements of a possession charge. The Crown must prove you knew the firearm was present and had some degree of control over it. Simply being in a vehicle or residence where a firearm is found does not establish possession beyond a reasonable doubt. In cases involving shared vehicles, shared residences, or circumstances where another person had access to the location, knowledge and control are live and meaningful defence issues that we examine carefully in every file.
Related Practice Areas
Weapons and firearms charges frequently arise alongside drug trafficking allegations, robbery charges, and domestic assault matters. The mandatory minimum sentences engaged by weapons charges make bail hearings particularly important in these files.
Drug Offences Calgary
Weapons charges are frequently bundled with drug trafficking allegations. A coordinated defence across both is essential.
READ THE DEFENCE GUIDEBail Hearings Calgary
Mandatory minimum sentences make the bail hearing critical. Early counsel gives you the strongest position at the release stage.
READ THE DEFENCE GUIDERobbery Charges Calgary
Where a firearm is alleged in a robbery, section 85 mandatory consecutive sentences apply on top of the underlying charge.
READ THE DEFENCE GUIDEDomestic Violence and Assault Calgary
Firearms in the home discovered during a domestic call frequently generate storage and possession charges alongside the primary allegation.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and trial advocacy.
READ THE DEFENCE GUIDEFacing Weapons or Firearms Charges in Calgary?
Mandatory minimum sentences mean there is no room for a passive defence approach in these cases. The fight starts from day one.
Call (587) 355-8889. Free consultation. Available 24 hours a day.