Prosecutors aggressively pursue weapon and gun crime charges. If you have been arrested or accused of committing a crime involving a weapon or firearm, it is important to get an experienced firearm weapons offence lawyer in Hamilton to protect your legal rights. Currie Law is well-versed in the criminal laws that regulate weapon use and possession, and keep up to date on this ever-changing area of the law. We use this knowledge to defend clients who are facing weapon and gun crime charges. We handle a wide range of weapons cases, including defence against charges of:

• Possessing a firearm
•  Unlawfully discharging a firearm
•  Carrying an illegal and loaded firearm inside a vehicle
•  Unlawful sale of a firearm
•  Possession or sale of other illegal weapons such as switchblade knives, brass knuckles and martial arts weapon

In any weapon-related charges, the criminal defence lawyer will examine all aspects of the arrest to determine whether arresting officers broke any arrest procedures, especially regarding respecting the rights of the accused under the Canada Charter of Rights and Freedoms. If the police did not have probable grounds for a search or did not execute the search properly, for example, a skilled criminal lawyer Hamilton can file a Charter application for evidence to be excluded. If it can be shown that other people had access to the weapon(s), the lawyer can raise a reasonable doubt about who had actual possession or custody of the weapon.

If found guilty of a firearm offence, it is crucial to present a strong argument for a reduced sentence by demonstrating the positive character of the accused, such as holding steady employment, supporting a family or not having committed prior criminal offences. The primary goal is to get your charges dropped. If this is not possible, portraying your strong rehabilitative prospects is essential in obtaining the least severe penalty.

What is a Firearm Offence?

With increasing concerns over gun violence in Canada and a general intolerance towards it, Canadian criminal legislation is very tough on weapons offences. Many firearms-related offences carry substantial mandatory minimum sentences, especially for offenders convicted of second or multiple offences. A criminal conviction for a weapons offence has wide-reaching consequences, including a criminal record, jail, and probation. It can ultimately affect travel to the U.S. and other countries or future employment opportunities. Generally, weapons offences under the Criminal Code of Canada refer to the illegal possession or use of prohibited or restricted firearms and other weapons, including parts of weapons such as cartridge magazines and ammunition. The Criminal Code of Canada covers an extensive range of weapons offences. If the Crown Attorney chooses to try the case as an indictable offence, you may face significant jail time.

Under section 2 of the Criminal Code of Canada, a weapon can be anything that is intended to be used to intimidate or threaten someone or to cause injury or death to a person. Depending on the context and circumstances, an article used to bind or tie up a person against their will could also be considered a weapon. This definition is used mainly in cases of assault, as any item that could be used to intimidate or harm another person could lead to an assault charge.

The strict regulations and penalties associated with firearm offences in Canada underscore the country’s commitment to reducing gun violence and ensuring public safety.

What is a Weapon?

Under section 2 of the Criminal Code of Canada, a “weapon” is defined as:
“anything used, designed to be used, or intended for use;
(a) in causing death or injury to any person, or
(b) to threaten or intimidate any person and, without restricting the generality of the foregoing, includes a firearm.”

The Court’s determination of whether an object is considered a weapon depends on its design or intended use. Weapons can include knives, baseball bats, and broken beer bottles. Even objects not typically seen as weapons, like a chair, may be deemed weapons if used to harm someone. The Courts have also found unloaded BB guns to be weapons in specific contexts.

Prohibited or Restricted Firearms and Weapons

The Criminal Code differentiates between various types of firearms and weapons:

• Prohibited Firearms: Handguns with specific barrel lengths and those listed in regulations as prohibited.
• Restricted Firearms: Handguns not classified as prohibited, certain guns with specific barrel lengths, and those listed as restricted in regulations.
• Prohibited Weapons: Knives with automatic blade release mechanisms (e.g., switchblades) and other items specified as prohibited.
• Restricted Weapons: Any non-firearm weapon listed as restricted.

Legal Implications

Possessing a weapon for any purpose considered dangerous to public peace is illegal in Canada. The penalties for weapons offences depend on the specific circumstances and any aggravating factors. Many firearm offences carry mandatory minimum sentences, and a conviction can severely impact your future.

Common Defences

Several effective defences exist for firearm or weapons charges, emphasizing the importance of hiring an experienced criminal lawyer. Being charged does not guarantee a conviction, and an experienced lawyer can help navigate the complexities of the law.

Examples and Case Studies

• R. v. Huete, 2008: A man was convicted of carrying a concealed weapon (a machete). The court determined that the machete’s size and manner of concealment indicated it was not meant for peaceful purposes.
• R. v. D.A.C., 2007: A man carrying an ornate Japanese-style dagger was found not guilty of carrying a weapon for a dangerous purpose but guilty of carrying a concealed weapon. The intent to harm was not a factor in the latter charge.

An Overview of Firearms Offences in Canada

Offences and penalties relating to firearms and illegal weapons in Canada are detailed in Part III of the Criminal Code. Under this section, offences are categorized as follows:

• Use Offences
• Possession Offences
• Trafficking Offences
• Assembling Offences
• Export and Import Offences
• Offences Related to Lost, Destroyed, or Defaced Weapons

Common Firearms Offences

1. Unauthorized Possession of a Firearm (Section 91)– Possessing a firearm without a valid Firearm Possession and Acquisition Licence (PAL) is illegal.
2. Careless Use of a Firearm (Section 86)– Using, carrying, handling, shipping, transporting, or storing firearms carelessly or without necessary precautions is a criminal offence.
3. Possession of a Weapon for a Dangerous Purpose (Section 88)– Possessing any weapon with an intent that threatens public peace is prohibited.
4. Carrying Concealed Weapons (Section 90)– Carrying a weapon, prohibited device, or prohibited ammunition concealed without authorization under the Firearms Act is illegal.
5. Unauthorized Import or Export (Section 103)– Importing or exporting firearms without the requisite permissions is a criminal act.
6. Trafficking in Firearms (Section 99)– Selling, transferring, transporting, sending, or delivering firearms to unauthorized individuals constitutes trafficking.

Consequences of a Firearms Offence

Legal Penalties

• Penalties range from fines to imprisonment.
• Severity depends on the nature of the offence, the type of firearm involved, and the offender’s criminal history.
• For example, firearms trafficking can lead to life imprisonment, while unauthorized possession may result in shorter jail terms or fines.

Criminal Record

• A conviction results in a criminal record, which can impact employment opportunities and international travel due to restrictions on admitting individuals with criminal histories.

Loss of Firearms Licence

• Conviction typically results in the revocation of the Possession and Acquisition Licence (PAL), prohibiting the individual from legally possessing or acquiring firearms in Canada.

Economic Consequences

• Legal fees, court fees, and fines can be significant.
• Loss of income may occur if the conviction leads to jail time or loss of employment.

Restrictions on Future Activities

• Convicted individuals may face restrictions on where they can live (e.g., away from schools or sensitive areas) and the types of jobs they can hold.

Conclusion

The strict regulations and penalties associated with weapon and firearm offences in Canada highlight the country’s commitment to reducing gun violence and ensuring public safety. If you face such charges, seeking legal advice and representation is crucial. The comprehensive regulations and strict penalties associated with firearms offences in Canada underscore the country’s commitment to public safety and the reduction of gun violence.

If you have been charged with a crime, it is important to hire an experienced Criminal lawyer Hamilton as soon as possible. In case the police have charged you with gun or weapons offences, secure experienced legal representation from the firearm weapons offence lawyer Hamilton for expert defence strategies that secure favourable results for those charged with firearm possession crimes.