Gun and Weapon Charge Lawyers Toronto

There are some items such as "firearms" and a list of other illegal objects including brass knuckles or certain cross-bows that will always meet the definition of a weapon in law. Other items, such as a pocket knife or hunting knife require that the item be, "used, designed to be used or intended for use in causing death or injury to any person or for the purpose of threatening or intimidating any person" to meet the definition of a weapon. The Crown Attorney must prove that the item meets this definition or fall within a list of prohibited weapons in order to establish that the item is a weapon. Our lawyers have successfully defended clients where the prosecutor failed to prove the item seized by police met the definition of a weapon.

A purpose dangerous to the public's peace includes a disruption of the "normal state of society" and a disturbance of "the general peace and order of the realm as provided for by law". It is an, "unquiet and harmful behaviour towards the Queen and her people" according to various legal definitions.

The possession by the accused of weapons in their own home or a private place does not preclude a finding of a purpose dangerous to the public peace. This is so even if there is a use of the weapon giving rise to the charge, which use takes place entirely in private.

The Crown must show that the accused person not only possessed the weapon, but also possessed it with the added purpose of disturbing the peace or committing a crime. If the accused was too intoxicated to form the specific intent required to commit the full offence, he will be found not guilty.

A person who uses an item they otherwise lawfully possessed as a weapon may not be found guilty of possession for a dangerous purpose (however they may be found guilty of another offence such as assault with a weapon). Unpremeditated use of a weapon otherwise possessed for a lawful purpose does not necessarily reflect possession for a purpose dangerous to the public peace.

There is no clear answer to this question. Some courts have held that the possession of a weapon solely for self-defence reasons does not trigger the offence of possession for a purpose dangerous to the public. However, this view is not unanimous and many trial judges have come to the exact opposite conclusion. Ultimately, this becomes a very fact specific analysis.

You are in constructive possession of something you are not holding if you know what it is, you knowingly put or keep it in a particular place, whether or not that place belongs to you, and you intend it to be there for your own use or benefit or someone else’s. Passive acquiescence or mere indifference is not enough.

Where one of two or more people has something with the knowledge and consent of the others, the law deems it to be in the possession of each and all of them. Each person must have knowledge, must consent, and must have a measure of control over it.

Yes, but knowledge and control must be proven. Being in the car, or near the gun, is not enough on its own. Under section 94, a passenger who knows there is an unauthorized firearm in the vehicle commits an offence, unless someone in the car holds the required licence and documents, the passenger reasonably believed someone did, or the passenger left or tried to leave as soon as it was feasible after finding out.

Not automatically. What a fingerprint proves is a question of fact that depends on all the circumstances, including when and how it could have been left.

It can be. Actual physical possession, even if only momentary, is enough, as long as the person knew what the item was and exercised some control over it.

Many cases of possession of weapons are won on the basis that the evidence obtained by the police are excluded from evidence at trial as a result of an illegal search, stop or interrogation by police officers which lead to the discovery of the weapon.

The sentences for possessing a weapon dangerous to the public can range to a maximum 10 years in prison if the Crown proceeds by indictment. If the Crown proceeds by summary conviction, the maximum is two years less a day in jail, a fine of up to $5,000, or both; the six-month summary maximum that used to apply was raised in 2019. In practice, a first-time offender or someone with a minor record may be able to avoid jail, or a conviction through a discharge, depending on the circumstances and the defence approach.

The Criminal Code sets out a range of specific firearms offences, each with its own elements and potential consequences. The most common include:

Unauthorized possession of a firearm (s. 91): Possessing a firearm without a licence or registration certificate. This is often charged where someone has a gun but doesn't have the paperwork to legally hold it, even if they had no criminal intent.

Carrying a concealed weapon (s. 90): Carrying a weapon, including a firearm, that is hidden from view without authorization. Courts look at whether the accused intended to conceal the item and whether they had any lawful basis for carrying it.

Careless use or storage of a firearm (s. 86): Handling, storing, transporting, or using a firearm without reasonable precautions for safety. This is commonly charged after a firearm is found unsecured in a home or vehicle. It's one of the broader offences and can capture a wide range of conduct.

Pointing a firearm (s. 87): Pointing a firearm at another person without lawful excuse. This offence doesn't require any discharge of the weapon; the act of pointing is enough.

Weapons trafficking (ss. 99–100): Transferring, selling, or offering to transfer a firearm, prohibited weapon, or prohibited device without authorization. These are serious indictable offences that attract significant sentences, including a mandatory minimum of three years for a first offence involving a firearm.

Possession of a prohibited or restricted firearm with ammunition (s. 95): Possessing a loaded prohibited or restricted firearm, or an unloaded one together with readily accessible ammunition, without being licensed to do so. Section 95 is one of the most frequently charged firearms offences. It carries up to 14 years in prison, but its mandatory minimum sentences no longer apply.

Some firearms offences carry mandatory minimum sentences, meaning the judge generally cannot go below a set floor, regardless of your circumstances, background, or the specifics of what happened.

Section 95 of the Criminal Code, possession of a prohibited or restricted firearm with ammunition, no longer carries a mandatory minimum. Its three-year minimum for a first offence on indictment and five-year minimum for a second or subsequent offence were struck down by the Supreme Court of Canada in 2015 and repealed by Parliament in 2022. Those minimums had been put in place in 2008 to reflect how seriously Parliament treats loaded and accessible restricted firearms. The minimums for using a firearm while committing an offence (s. 85) were repealed at the same time. Bill C-16 in 2026 restored minimums that courts had struck down but that remained in the Code; it did not bring back the ones Parliament had repealed.

Minimums that apply today include three years for a first offence of trafficking a firearm, possessing one for that purpose, or importing or exporting one knowing it is unauthorized (ss. 99, 100 and 103), rising to five years for a second or subsequent offence; one year for making an automatic firearm (s. 102); and five years (seven for a repeat offence) for discharging a restricted or prohibited firearm with intent or recklessly, or for robbery with one (ss. 244, 244.2 and 344). Repeat firearms offenders face escalating mandatory minimums across these provisions: the more prior firearms convictions on your record in the past 10 years, the higher the floor. A conviction for many firearms offences also brings a weapons prohibition order under s. 109, which is mandatory, or s. 110, which is discretionary, and can prevent you from possessing any firearm for years or for life.

That said, mandatory minimums are not always the end of the analysis. The Supreme Court of Canada has confirmed that mandatory minimum sentences can be challenged under s. 12 of the Charter as constitutionally disproportionate punishment. Since July 18, 2026, section 718.4 of the Code also requires a judge to impose a shorter jail term than the minimum where the minimum would be cruel and unusual punishment for that offender, though the sentence must still be imprisonment. Whether a Charter challenge succeeds depends on the specific offence, the sentence at issue, and the particular facts of your case.

Usually not. For a first-time charge of possessing a firearm, including a loaded prohibited or restricted firearm under section 95, there is no mandatory minimum sentence today. A first-time trafficking or importing charge involving a firearm is different: it carries a three-year minimum, subject to a judge's power since 2026 to go lower where the minimum would be cruel and unusual for that offender.

Sometimes. A discharge is available for charges such as unauthorized possession, careless storage, carrying a concealed weapon or possession for a dangerous purpose. It is not available for charges with a mandatory minimum or a 14-year maximum, such as section 95. A discharge for some firearms offences still triggers a weapons prohibition order.

Canadian law classifies firearms into three categories, and the classification determines what kind of licence and registration you need to legally possess them.

Prohibited firearms are the most tightly regulated. They include handguns with a barrel of 105 mm or less, handguns that fire .25 or .32 calibre ammunition, any firearm that has been altered to fire in fully automatic mode, sawed-off rifles and shotguns, and unlawfully manufactured firearms such as untraceable 3D-printed guns. Possessing a prohibited firearm requires a specific authorization that is rarely granted; in practice, individuals can hold one only under narrow grandfathering rules.

Restricted firearms include handguns that don't fall into the prohibited category, semi-automatic centrefire rifles and shotguns with a barrel shorter than 470 mm, firearms that can be fired when folded or telescoped to less than 660 mm, and any firearm prescribed as restricted by regulation. To possess a restricted firearm, you need a licence that covers restricted firearms and a registration certificate, an Authorization to Transport to move it between places, and you must comply with strict storage and handling rules.

Non-restricted firearms are the most common, typically ordinary hunting rifles and shotguns. A basic Possession and Acquisition Licence (PAL) is generally sufficient, though transport and storage rules still apply.

There are also prohibited weapons that are not firearms, such as brass knuckles, nunchaku, and certain knives. These are prohibited outright, regardless of whether the person has a firearms licence.