Weapons charges in Canada carry some of the most severe mandatory minimum sentences in the Criminal Code. A conviction can mean years in prison, a permanent prohibition from possessing firearms, and a criminal record that follows you for life. If you have been charged with a firearms or weapons offence, you need experienced legal counsel immediately.

How Firearms Are Classified

The Firearms Act and Criminal Code classify firearms into three categories, each with different licensing and storage requirements:

Common Firearms & Weapons Offences

Unauthorized Possession (ss. 91–92)

Possessing a firearm without a valid licence or registration certificate. Prosecuted by indictment, unauthorized possession of a prohibited or restricted firearm carries a maximum of 10 years imprisonment. Summary conviction carries a maximum of 2 years less a day.

Possession of a Loaded or Readily Accessible Prohibited or Restricted Firearm (s. 95)

One of the most serious firearms charges, carrying a maximum of 10 years imprisonment on indictment. Note: mandatory minimum sentences that previously applied to this offence were struck down by the Supreme Court of Canada in R. v. Nur (2015) and subsequently repealed by Parliament in 2022.

Careless Storage of a Firearm (s. 86)

Storing, handling, transporting, or using a firearm without reasonable precautions for safety. This charge is often laid after accidents or household incidents. Despite sounding less serious, it carries up to 2 years imprisonment and an automatic weapons prohibition.

Pointing a Firearm (s. 87)

Pointing a firearm — whether loaded or not — at another person without lawful excuse. This is a hybrid offence with significant consequences including mandatory weapons prohibition on conviction.

Weapons Trafficking (s. 99)

Manufacturing, transferring, offering to transfer, or acquiring a firearm for the purpose of trafficking. Carries a maximum of 10 years imprisonment on indictment. Mandatory minimum sentences that previously applied to this offence were repealed by Parliament in 2022.

Possession of a Weapon for Dangerous Purpose (s. 88)

Carrying or possessing any weapon — not only a firearm — for a purpose dangerous to the public peace or for committing an offence. The “weapon” need not be a traditional one: any object used or intended to be used to cause harm qualifies.

Carrying a Concealed Weapon (s. 90)

Carrying a prohibited or restricted firearm (or any weapon) concealed, without a licence authorizing you to do so. Mandatory weapons prohibition applies on conviction.

Mandatory Firearms Prohibition Orders

A conviction for most weapons offences results in a mandatory prohibition order under section 109 of the Criminal Code — banning you from possessing firearms, ammunition, and other weapons, typically for a minimum of 10 years (first offence) or life (subsequent offence or if a firearm was used). This is permanent and applies even after you have served your sentence.

Challenging Weapons Charges

Weapons prosecutions are frequently vulnerable to constitutional challenges because the evidence is almost always obtained through searches. A defence lawyer will assess:

• Unlawful search (s. 8 Charter): Was the search of your vehicle, home, or person lawful? Was a valid warrant obtained? If not, the firearm may be excluded.
• Unlawful detention (s. 9 Charter): Were you unlawfully detained before the firearm was discovered? Evidence gathered during an arbitrary detention may be inadmissible.
• Knowledge and control: The Crown must prove you knew the firearm was present and had some measure of control over it. In shared vehicles or residences, this is not always straightforward.
• Licence and registration defences: Were your documents technically valid? Was there a legitimate administrative error?
• Challenges to mandatory minimums: Courts have struck down certain mandatory minimum sentences as unconstitutional under s. 12 of the Charter (cruel and unusual treatment) in appropriate cases. This is a complex and evolving area of law.

This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.