Firearms Trafficking Lawyers Toronto

Written by Daniel Brown

Etching of a wooden shipping crate and a parcel tied with string, with an unloaded revolver lying in front of them, on white paper

Firearms trafficking means manufacturing, transferring, or offering to transfer a firearm, a firearm part, or ammunition, knowing you are not authorized to do so, under section 99 of the Criminal Code. Possessing a firearm for the purpose of trafficking (section 100) and importing or exporting one without authorization (section 103) are treated the same way. Each carries a maximum of 14 years and a mandatory minimum of three years in prison for a first offence. Our lawyers defend firearms trafficking, import, and export charges in Toronto and across the GTA.

Defending weapons trafficking charges in Ontario

Trafficking charges are among the most serious firearm offences in the Criminal Code. A conviction for trafficking in a firearm brings a mandatory jail sentence, a mandatory weapons prohibition, and a reverse onus at bail.

Many of these cases are built on undercover officers, intercepted messages, and phone records. The law reaches an offer to sell even where no gun ever changes hands, so what was said, how it was meant, and how it was obtained are often the whole case. Simple possession charges are covered on our page on gun and weapon possession charges.

Daniel Brown Law defends firearms charges across the Greater Toronto Area and Ontario, including Toronto, Newmarket, Oshawa, Brampton, and Milton. Daniel Brown Law is recognized among Canada’s top criminal defence firms — see our recognition below.

If you or someone you know has been charged with firearms trafficking, contact our office immediately at (416) 297-7200.

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See the defences
The charges
Criminal Code ss. 99–104Trafficking, import, and export
Crown must prove
A transfer or an offerKnowing it was not authorized
Maximum sentence
14 yearsIndictable only
Mandatory minimum
3 yearsFor firearms, parts, and ammunition; 5 for a repeat offence

What counts as firearms trafficking?

The line between an unauthorized transfer and trafficking is knowledge. If the Crown proves you knew you were not authorized, the charge, and the mandatory minimum, change completely.

Sections 84(5), 99, 100, and 101 of the Criminal Code. Importing and exporting are covered below.

Key considerations

An offer is enough

Offering to transfer a firearm is trafficking even if no firearm ever changes hands. The accused does not need to have had access to a gun. What matters is that they made the offer, and intended it to be taken as a genuine offer by the person receiving it.

Context decides whether an offer was genuine

Whether an offer was meant to be taken seriously is judged on all the circumstances, not just the words used. Bravado, jokes, and talk that no reasonable listener would take as a real offer can fall short.

“Transfer” means more than moving it

Transferring means selling, providing, bartering, giving, lending, renting, sending, transporting, shipping, distributing, or delivering. Even so, courts have held that a transfer requires more than the mere movement of a firearm from one place to another.

Every firearm counts

The three-year minimum applies to prohibited, restricted, and ordinary non-restricted firearms alike, and to firearm parts, ammunition, and prohibited devices. Other weapons, such as prohibited knives, carry the same 14-year maximum without a minimum.

A broken gun can still be trafficked

Selling a gun that does not work can be trafficking in a firearm if it can be made to work with relative ease, in a relatively short time.

A starter’s pistol can be a firearm

Starter’s pistols are normally not firearms. But one can become a firearm for trafficking purposes where the seller knew the buyer did not intend to use it only as a starter’s pistol.

Importing or exporting firearms without authorization

Bringing a firearm, a firearm part, a prohibited device, or prohibited ammunition into or out of Canada without authorization is a crime. So is importing or exporting parts designed only for building an automatic firearm.

Knowing it was unauthorized

Importing or exporting knowing you were not authorized is an indictable offence under section 103. For any firearm, a firearm part, a prohibited device, or prohibited ammunition, the maximum is 14 years and the minimum is three years, or five for a repeat offence.

Unauthorized, without knowledge

Importing or exporting otherwise than under the authority of the Firearms Act is a separate, hybrid offence under section 104, with a maximum of five years and no minimum.

Who has to prove the licence

On a section 101 or section 104 charge, if there is a question whether a person held an authorization, a licence, or a registration certificate, the accused must prove they held it. Courts have upheld this reverse onus as constitutional.

Parts for automatic firearms

The import and export offences also cover any component or part, other than a firearm part, designed exclusively for use in making or assembling an automatic firearm.

How do you defend a firearms trafficking charge?

Each defence answers a different part of the Crown’s case.

Etching of an old rotary telephone with its handset off the hook beside a sealed envelope, on white paper

It was not a genuine offer

Attacks: the offer

Words alone do not make an offer. If, in all the circumstances, the accused did not intend the words to be taken as a real offer to transfer a firearm, the offence is not made out.

There was no transfer

Attacks: the transfer

Moving or storing a firearm is not transferring it. The Crown must prove an actual sale, gift, loan, delivery, or other transfer, or an offer to make one.

You did not know it was unauthorized

Attacks: knowledge

Trafficking requires proof that the accused knew they were not authorized. Without that knowledge, the most serious charge left is transfer without authority, which has no minimum.

It was not for trafficking

Attacks: the purpose

On a possession for the purpose of trafficking charge, the Crown must prove the purpose was to transfer. Possession for personal use is a different, less serious offence.

It was not a firearm

Attacks: the object

An item that cannot readily be made to work, or a starter’s pistol sold for its proper purpose, may not be a firearm in law, which takes it outside the minimum sentence.

The evidence was obtained unlawfully

Attacks: the evidence itself

Charter rights breaches: excluding intercepted messages, phone downloads, or search results obtained without proper judicial authorization, or a statement taken without access to a lawyer.

Do not give the police a statement before you get legal advice. You are not required to, and what you say can be used against you — including an explanation of what a message meant or who a phone belongs to.

What is the sentence for firearms trafficking in Canada?

Trafficking in a firearm, a firearm part, or ammunition carries a maximum of 14 years and a mandatory minimum of three years for a first offence, and five years for a repeat offence.

Charge Maximum Mandatory minimum
Weapons trafficking: firearm, part, or ammunitions. 99(2) — indictable only 14 years 3 years; 5 for a repeat offence
Possession for the purpose of trafficking: firearm, part, or ammunitions. 100(2) — indictable only 14 years 3 years; 5 for a repeat offence
Trafficking other weaponsss. 99(3), 100(3) — e.g. prohibited weapons 14 years None
Importing or exporting, knowing it is unauthorizeds. 103(2) — firearm, part, prohibited device or ammunition 14 years 3 years; 5 for a repeat offence
Transfer without authoritys. 101 — hybrid 5 years None
Unauthorized importing or exportings. 104 — hybrid 5 years None

Trafficking, possession for the purpose of trafficking, and knowing import or export can only be prosecuted by indictment. Because they carry mandatory minimums, a discharge or a conditional sentence is not available where the minimum applies. Credit for time spent in pre-trial custody counts toward the minimum. Since July 18, 2026, the judge must impose a shorter jail term than the minimum where the minimum would be cruel and unusual punishment for that offender. The sentence must still be jail, and the judge must give reasons.

The five-year minimum for a repeat offence applies if the person has an earlier conviction for using a firearm or imitation firearm in an offence, possessing a loaded prohibited or restricted firearm, possessing a weapon obtained by crime, breaking and entering or robbery to steal a firearm, trafficking, possession for trafficking, making an automatic firearm, knowing import or export, or possessing a firearm while prohibited; for discharging a firearm with intent or recklessly; or for serious violent offences such as robbery, extortion, kidnapping, or attempted murder where a firearm was used. An earlier conviction is not counted if 10 years have passed between the two convictions, not counting time in custody, and only the order of the convictions matters.

A conviction for trafficking, possession for trafficking, or knowing import or export brings a mandatory weapons prohibition order: on a first conviction, at least 10 years for ordinary firearms and life for prohibited and restricted firearms; on a later conviction, life.

Consequences of a trafficking conviction

A trafficking conviction goes far beyond jail time. Collateral consequences can include:

  • A weapons prohibition that ends hunting, sport shooting, and some careers
  • Job loss and disqualification from certain professions
  • Immigration problems, including possible deportation for non-citizens
  • Denial of entry into the United States and other countries
  • A criminal record stored in the national CPIC database

For more on collateral impacts, see our page on the immigration consequences of a criminal charge.

Why choose Daniel Brown Law for your trafficking case?

A firearms trafficking conviction means a mandatory jail sentence. The lawyer hired in the first 48 hours often shapes the entire case — the bail hearing, the challenge to wiretaps and searches, and whether the Crown can prove knowledge at all.

A nationally recognized defence firm

Daniel Brown Law is consistently recognized as one of Canada’s leading criminal defence firms. Canadian Lawyer ranks it among Canada’s top criminal law boutiques, The Globe and Mail names it one of Canada’s Best Law Firms, Best Law Firms ranks it Tier 1 for criminal defence, and Toronto Star readers have repeatedly voted it Best Law Firm.

A boutique focused on criminal defence

Daniel Brown Law represents people charged with crimes — that is all the firm does. Our lawyers have defended firearms cases at every level of court in Ontario, from first-appearance bail hearings to contested jury trials to appeals at the Court of Appeal for Ontario.

Wiretap and warrant challenges

Trafficking investigations rely on intercepted communications, production orders, and search warrants. We test every authorization, because excluding that evidence can end a case.

Bail-stage urgency

Trafficking charges reverse the onus at bail: you must show why you should be released. We prepare bail materials with the same care most firms reserve for trial — identifying sureties, anticipating Crown concerns, and framing a release plan a justice will accept.

Trial and appellate capability under one roof

Mandatory minimums make trafficking cases strong candidates for appeal. Our lawyers handle both stages, so the trial record is built with appellate review in mind. Read more about our criminal appeals practice.

Across the GTA and Ontario

We appear regularly in Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie courthouses, and travel to other Ontario courts as a case requires.

Recognized by the profession and the public

Daniel Brown Law is named one of Canada’s Best Law Firms by The Globe and Mail, ranked among Canada’s top criminal law boutiques by Canadian Lawyer, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.

The Globe and Mail Best Law Firms 2026, Criminal Law

Best Law Firms: Criminal Law

The Globe and Mail, 2026

Canadian Lawyer Top Criminal Law Boutique 2026-27

Top Criminal Law Boutique

Canadian Lawyer, 2026–27

Best Law Firms Canada, Criminal Defence Tier 1, 2026

Criminal Defence, Tier 1

Best Law Firms Canada, 2026

Best Lawyers in Canada 2027, Daniel Brown Law

Best Lawyers in Canada

Criminal Defence, 2027

Chambers Canada 2027, Ranked in Canada, Daniel Brown Law

Crime, Nationwide

Chambers Canada, 2027

Toronto Star Readers' Choice winner seal

Toronto Star Readers’ Choice

Best Law Firm and Best Legal Services, repeat winner

Daniel Brown Law is consistently recognized as one of Canada's leading criminal defence firms.

What happens after a firearms trafficking charge?

The first weeks after a trafficking charge, and above all the bail hearing, often shape the whole case.

  1. Arrest and the bail hearing

    Trafficking, possession for trafficking, and knowing import or export reverse the onus at bail: you must show why you should be released. We prepare the release plan and sureties before the hearing.

  2. Disclosure

    Trafficking cases often come with large disclosure: wiretap packages, phone downloads, undercover notes, and surveillance. We review all of it.

  3. Charter application

    We examine every warrant, production order, and wiretap authorization, and apply to exclude evidence that was obtained unlawfully.

  4. Resolution

    Some trafficking cases resolve without a trial: charges withdrawn, or a plea to transfer without authority or another offence with no mandatory minimum.

  5. Trial, and appeal if needed

    At trial the Crown must prove every element beyond a reasonable doubt, including that you knew you were not authorized. A conviction or sentence can be appealed.

Frequently asked questions about firearms trafficking charges

Plain answers to the questions people ask most after a firearms trafficking charge.

Trafficking

What is firearms trafficking?

Under section 99 of the Criminal Code, it is an offence to manufacture or transfer, whether or not for payment, or to offer to manufacture or transfer, a firearm, a prohibited or restricted weapon, a prohibited device, a firearm part, or any ammunition or prohibited ammunition, knowing you are not authorized to do so under the Firearms Act or any other federal law.

Can I be convicted of trafficking if no gun changed hands?

Yes. Offering to transfer a firearm is trafficking. The offence is complete when the accused makes the offer intending it to be taken as genuine. Actual access to a firearm is not an element of the offence.

How does a court decide whether an offer was genuine?

By looking at the whole situation in context. The analysis goes beyond the words used and considers all the circumstances surrounding them, including the words themselves.

Is moving a gun from one place to another trafficking?

No. Transferring requires more than the mere movement of a firearm from place to place.

Can selling a broken gun be trafficking?

It can. Selling a gun that does not work can be trafficking in a firearm if the gun can be converted to a working weapon within a relatively short time and with relative ease.

Is a starter’s pistol a firearm?

A device designed only for firing blanks and intended to be used only for that purpose is normally not a firearm. But a starter’s pistol can be a firearm for trafficking purposes where the accused knew the buyer did not intend to use it as a starter’s pistol.

Possession for trafficking

What is possession for the purpose of weapons trafficking?

Under section 100, it is an offence to possess a firearm, a prohibited or restricted weapon, a prohibited device, a firearm part, or any ammunition or prohibited ammunition for the purpose of transferring it, whether or not for payment, or offering to transfer it, knowing you are not authorized to transfer it.

What is the difference between trafficking and transfer without authority?

Knowledge. Trafficking requires proof that the accused knew they were not authorized, and carries a three-year minimum for firearms. Transfer without authority under section 101 covers any transfer outside the Firearms Act; it is a hybrid offence with a maximum of five years and no minimum. On a section 101 charge, the accused must prove they held any licence or registration certificate in question, a reverse onus courts have upheld.

Import and export

Is it illegal to bring a gun into Canada?

Importing a firearm, a firearm part, a prohibited device, or prohibited ammunition is an offence unless it is done under the authority of the Firearms Act or another federal law. Doing it knowingly without authorization carries a maximum of 14 years and a three-year minimum. Doing it without authorization but without that knowledge is a hybrid offence with a maximum of five years.

Does importing parts for an automatic firearm count?

Yes. The import and export offences cover any component or part, other than a firearm part, designed exclusively for use in making or assembling an automatic firearm.

Sentencing and bail

What is the minimum sentence for firearms trafficking?

Three years for a first offence and five years for a second or subsequent offence, where the item is any firearm, a prohibited device, a firearm part, or ammunition. The maximum is 14 years. Trafficking other weapons carries the same maximum with no minimum. Since July 18, 2026, a judge must impose a shorter jail term where the minimum would be cruel and unusual punishment for that offender, but the sentence must still be jail.

Will I lose my right to own firearms?

Yes. A weapons prohibition is mandatory on a conviction for trafficking, possession for trafficking, or knowing import or export: at least 10 years for ordinary firearms and life for prohibited and restricted firearms on a first conviction, and life on a later one.

What happens at bail on a trafficking charge?

Trafficking, possession for trafficking, and knowing import or export all reverse the onus at bail. The accused must show why their detention is not justified, by clearly showing that their release plan addresses the risks. Learn more on our page about Toronto bail hearings.

What charges are laid alongside firearms trafficking?

Trafficking charges often arrive alongside gun and weapon possession charges, drug trafficking, using a firearm, or failing to comply with bail conditions.

Charges we defend

Learn more about some of the charges we defend. We also defend charges not listed here.

Charged with firearms trafficking? Speak with Daniel Brown Law

Call Daniel Brown Law at (416) 297-7200 for a confidential consultation. We appear in courts across the GTA and Ontario.

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