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Weapons Offences

Weapon Possession Lawyer

Daniel Brown Law defends people charged with weapons offences under the Criminal Code — from possession for a dangerous purpose to unauthorized firearm possession, carrying a concealed weapon, and trafficking. Weapons cases often turn on whether the police had the right to search in the first place. If they didn't, the evidence can be excluded.

It is an offence in Canada to possess a weapon for a purpose dangerous to the public's peace or for the purpose of committing a criminal offence.

Daniel Brown is a certified specialist in criminal law designated by the Law Society of Ontario. His firm has been ranked among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine and named one of Canada's Best Law Firms by The Globe and Mail for 2026.

We defend weapons charges across Ontario, including Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie.

To learn more about weapons charges in Toronto, Ontario, please read the following article or contact Daniel Brown Law for a consultation at (416) 297-7200.

Frequently Asked Questions About Weapons Possession Charges:

What is a weapon?

There are some items such as "firearms" and a list of other illegal objects including brass knuckles or 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. Read about how Daniel Brown successfully defended his client because the prosecutor failed to prove the item seized by police met the definition of a weapon:

What is considered a purpose dangerous to the public's peace?

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.

What if I am not found with the weapon in a public place?

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.

What if I was extremely intoxicated at the time I possessed the weapon? Is intoxication a defence to this offence?

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.

What if I originally possessed the weapon for a lawful purpose but later used it as a weapon? Will I be found guilty of the offence?

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.

Is it okay for me to possess a weapon for self-defence?

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.

Can I argue that I was illegally searched by the police?

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.

What are the types of punishments I can face for possessing a 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 or a maximum six months in jail if the crown proceeds by summary conviction. In practice, a first-time offender or someone with a minor record may be able to avoid jail or a criminal record altogether, depending on the circumstances and the defence approach.

What are the different types of firearms offences?

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.

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 and carries mandatory minimum sentences.

What are the mandatory minimum sentences for firearms offences?

Firearms offences can carry mandatory minimum sentences, meaning the judge has no discretion to go below a set floor — regardless of your circumstances, background, or the specifics of what happened.

Under s. 95 of the Criminal Code — possession of a prohibited or restricted firearm with ammunition — a first offence on indictment carries a mandatory minimum of one year in prison. A second or subsequent offence carries a mandatory minimum of three years. These minimums were put in place to reflect how seriously Parliament treats loaded and accessible restricted firearms.

Repeat firearms offenders face escalating mandatory minimums across a number of provisions. The more prior firearms convictions on your record, the higher the floor. In some cases, the Crown may also seek a weapons prohibition order or a firearms prohibition under s. 109 or s. 110 of the Code, which 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. Whether a Charter challenge succeeds depends on the specific offence, the sentence at issue, and the particular facts of your case. This is a developing area of law, and whether a constitutional argument applies depends on the specific offence, the mandatory minimum at issue, and the facts of the case.

What types of weapons are prohibited, restricted, and non-restricted?

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, and sawed-off rifles and shotguns. Possessing a prohibited firearm requires a specific authorization that is rarely granted.

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, and any firearm prescribed as restricted by regulation. To possess a restricted firearm, you need an Authorization to Transport and 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 — items such as brass knuckles, nunchaku, and certain knives. These are prohibited outright, regardless of whether the person has a firearms licence.

Related Offences

Weapons charges often arise alongside other criminal allegations. If you're facing a weapons offence, it's worth understanding how connected charges work:

  • Assault — weapons are frequently involved in assault charges, including assault with a weapon and aggravated assault
  • Robbery — weapons are frequently involved in robbery charges and can change the classification and sentencing of the offence
  • Drug charges — firearms found near drugs can lead to additional charges and influence sentencing significantly

If you or someone you know is charged with a weapons offence, contact Daniel Brown Law for a consultation at (416) 297-7200.

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