Gun Charges and Firearms Lawyers

What Is a Weapon

Section 2 of the Criminal Code of Canada defines weapons as anything that can be used, designed to be used, or intended to be used:

• To cause death or injury of another person, or
• For the purpose of threatening or intimidating another person

This definition of a weapon is broad. It includes anything from a pocketknife to firearms.

What Is a Firearm

Section 2 of the Criminal Code of Canada also defines firearms. A firearm is any barrelled weapon from which any shot or bullet can be discharged and that is capable of causing either serious bodily injury or death to a person. It includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm. Essentially, any gun or weapon that can fire bullets or projectiles can constitute a firearm.

Firearm Offences in Toronto

The Canadian Criminal Code has multiple offences related to firearms. These offences can be divided into several groups, with the first one related to the use of firearms, the second one related to unlawful possession and the third to trafficking, importing and exporting.

The “use” offences range from careless use, transportation, handling and storage to pointing a gun at someone or using a firearm to commit an offence. Meanwhile, there are 11 possession offences under Canadian law, with the most common ones involving possession for a dangerous purpose, carrying a concealed weapon, unauthorized possession, possession in an improper place or a vehicle, as well as stealing a firearm.

Trafficking offences include manufacturing, transferring, or offering firearms without authorization under the Firearms Act, involving possession for the purpose of trafficking and transfer without authority.

What Types of Weapons Fall Under Weapons Offences in Canada?

In Сanada, anything used to intimidate, threaten, cause injury, serious bodily harm or death to another person is considered a weapon. Using it to commit an offence such as theft, assault, or sexual assault is always an aggravated factor which can lead to more severe criminal consequences.

Meanwhile, the Criminal Code defines unlawful possession and use of weapons as separate offences with distinct penalties.

The list of weapons falling under the scope of the Canadian Criminal Code includes:

• firearms, including:
  • non-restricted firearms, such as shotguns and rifles,
  • restricted firearms, for example, non-prohibited handguns,
  • prohibited firearms, for example, handguns with 25 or 32 calibre cartridge or barrels less than 105 mm in length, automatic firearms and other guns specified in the Schedule of Prohibited Firearms.
• prohibited cartridge magazines and ammunition,
• instruments or devices such as ‘nunchaku,’ ‘shuriken,’ ‘brass knuckles,’ and other similar devices as specified in respective regulations,
• any knives with blades that open automatically by various means, including centrifugal force or hand pressure applied to a button (butterfly knives, switchblades, etc.) or by gravity.
• Any device which can injure or incapacitate a person or animal by electrical charge.

Punishment for Gun Charges in Ontario?

Many firearm charges in the Greater Toronto Area are hybrid offences, allowing the Crown to proceed either summarily or by indictment depending on the seriousness of the criminal case, the presence of other aggravating factors and other circumstances. The penalties for the most frequent offences include:

Possession offences:

Use offences:

Defending Firearm Charges in Toronto and the GTA

When facing gun charges in Ontario, you need a firearm offences lawyer to help you navigate the Canadian justice system and avoid hurting your chances for a positive outcome through mistakes. A seasoned legal professional with extensive practice in firearm charges will provide robust defence on all stages of the criminal process, including arrest and bail, pre-trial appearances and trial.

Arrest and Bail

If you are arrested for firearm charges in the GTA, the police must tell you about your Charter rights to keep silent and the right to retain a lawyer. You will be in a much better position to defend against the charges if you refrain from speaking with the police after arrest, politely indicating that you intend to exercise your right to keep silent and speak to your firearms lawyer first.

After the arrest, the police may release you or hold you for a bail hearing depending on the specific offence and other circumstances, for example, if you have a criminal record. The officers are obliged to bring you to court for a bail hearing within 24 hours after the arrest or as soon as possible. If you retain a firearm possession lawyer early, they can start working on your release while you are held in custody.

When you are brought to court for a bail hearing, your lawyer will speak to the Crown and propose a bail plan. In many cases, a bail plan involves someone referred to as “surety” who takes responsibility for your release and pledges to pay a certain monetary amount if you violate the bail conditions.

If the Crown has concerns about your release, for example, if they believe that there is a flight risk, if you pose a threat to the public or if your detention is required due to the seriousness of allegations, the prosecutors may contest your release on bail. Your Toronto weapons lawyer will address these arguments, demonstrating to the court why your detention is not necessary and advocating for lesser bail conditions.

Awaiting trial for gun charges

During the pre-trial stage, your firearms and weapons offences lawyer can start developing a defence strategy for your case. Your lawyer will start by requesting a full disclosure of all evidence against you. Since there are certain items of disclosure that the Crown will only release to a legal counsel, having an unauthorized weapons possession lawyer by your side will give you an advantage of accessing all information for a successful defence.

After your lawyer reviews the disclosure, they will negotiate your case with the Crown and the judge during Crown pre-trial (CPT) and Judicial pre-trial (JPT). Once you have retained a weapon offence lawyer in Toronto, you don’t have to be present at CPT and JPT and other pre-trial appearances while the lawyers can exercise their expertise to advocate for you before the Crown and the judge.

At this stage, your lawyer can explore various defence strategies based on your circumstances, including entering a plea agreement. If the charges proceed to trial by indictment, your lawyer will advise you on making an election of the mode of trial.

For indictment charges, you will have the option to choose to be tried in:

• the Ontario Court of Justice,
• Superior Court of Justice by judge alone,
• Superior Court of Justice by jury.

Since making an election of the court can be pivotal for your case, retaining an experienced Toronto weapon offence lawyer is crucial for securing the best strategy for your trial.

Consequences if found guilty

Due to the dangerous nature of firearms, gun charges can lead to serious consequences, including lengthy incarceration and other negative repercussions. Even simple possession of a firearm can lead to jail time, a weapon prohibition order and a criminal record with far-reaching consequences for employment, travel, housing opportunities and social life.

Meanwhile, using firearms when committing or attempting to commit a criminal offence increases the penalty dramatically, with a maximum sentence of 14 years in prison. When you hire a lawyer for possessing restricted or banned weapons, they will help you understand the potential consequences of conviction in your particular case and work toward the best possible outcome in your situation.

Why Is It Vital to Hire an Experienced Weapons Lawyer?

Facing gun charges in Canada can be a stressful and daunting experience. You do not have to face the criminal justice system on your own. A skillful Toronto all weapons offences lawyer can:

• ensure that your Charter rights were observed during seizure and arrest,
• help you navigate the legal system,
• advise you on your options and available defence strategies,
• negotiate your release on bail,
• obtain full disclosure of evidence against you,
• help make the election of the court,
• vigorously advocate for you during the trial.

All criminal cases are fact-specific and complex. Hiring a firearms and weapons offences lawyer is your best defence in your criminal matter, significantly increasing your chances of obtaining the most favourable possible outcome. Please do not hesitate to contact Vilkhov Law firearms lawyers for a free consultation about your options and defences in your case.

Successful Lawyer Cases of Firearm Possession

1. R. v. M.S.
   Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm. The Crown alleged that our client was found to be in possession of two unauthorized shotguns loaded with shells located within his residence following an officer search of the residence in response to a nearby shooting in the area.
   Defence: The defence argued the client’s innocence, challenging the legality of the search and the ownership and control of the firearms found at the residence.
   Result: Following multiple rounds of negotiations and critical examination of the evidence by the defence, the Crown Attorney recognized that there was no reasonable prospect of conviction. Consequently, the charges against the client were fully withdrawn.
2. R. v. E.T.
   Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm and possession of fentanyl. The Crown alleged that our client was found to be in possession of an unauthorized revolver along with fentanyl within a residence along with other individuals following the execution of a search warrant at the residence.
   Defence: The defence maintained the client’s innocence, arguing that the client did not have knowledge of or control over the items found in the residence, emphasizing the presence of other individuals who could have been responsible.
   Result: After extensive negotiations and a thorough review of the evidence, the Crown Attorney concluded that there was no reasonable prospect of conviction. Consequently, the case was withdrawn, and the charges against the client were dismissed.
3. R. v. C.D.
   Charges:  The client was accused of using an imitation firearm while committing an indictable offence along with several counts of robbery and disguise with intent.
   Defence: The defence argued that the client was innocent, challenging the identification process and the assumption that the individual in the surveillance footage was the client. We also disputed the claim regarding the possession of the imitation firearm.
   Result: Following thorough negotiations and analysis of the evidence, the Crown Attorney concluded that the evidence was insufficient to secure a conviction with reasonable certainty. Therefore, the charges against the client were withdrawn, clearing the client of all accusations.
4.  R. v. M.P.
   Charges: Using an imitation firearm while committing an indictable offence, robbery, disguise with intent, and possession of a weapon for a dangerous purpose. The client was accused of robbing several individuals while in possession of a black pellet gun and suspicious clothing, found during a search warrant executed at the client’s residence and vehicle.
   Defence: The defence contended that the evidence linking the client to the actual crimes was circumstantial and insufficient, particularly questioning the identification of the client as the perpetrator and the intent associated with the possession of the items found.
   Result: After multiple rounds of negotiations and review of the case details, the Crown Attorney determined there was not a viable path to a successful prosecution. Consequently, the charges against the client were stayed, meaning no further action would be taken, thus leaving the client without any penalties or ongoing prosecutions.
5. R. v. C.D.
   Charges: The client was accused of possession of an unauthorized firearm, careless storage of a restricted firearm, and possession of a weapon for a dangerous purpose. The Crown alleged that our client was in possession of a firearm within a residence that was not her own following the execution of a search warrant at the residence. It was the defence position that the client was innocent.
   Defence: The defence argued the client’s innocence, emphasizing that the client did not reside at or have control over the premises where the firearm was found. They challenged the evidence pointing to the client’s ownership or direct connection with the firearm.
   Result: After several rounds of negotiations and detailed scrutiny of the legal and factual aspects of the case, the Crown Attorney concluded that there was no reasonable prospect of securing a conviction. As a result, all charges against the client were withdrawn, effectively clearing the client of the alleged offences.