Weapons and Firearms Offence Lawyer in Toronto

Facing charges related to weapons and firearms in Toronto requires the expertise of skilled weapons and firearms offence lawyers. At Pyzer Criminal Lawyers, our dedicated team provides comprehensive legal support to ensure your rights are protected and you receive a fair trial.

Trust Toronto's Premier Weapons and Firearms Defence Lawyers

Weapons and firearms charges carry serious implications, including severe penalties and long-term impacts on your future. These charges can lead to hefty fines, lengthy imprisonment, and a permanent criminal record. The complexities of firearms legislation and case management necessitate the involvement of an experienced defence lawyer who can navigate the intricacies of these laws. Pyzer Criminal Lawyers bring extensive experience to the table, employing vigorous defence strategies to safeguard your interests.

Understanding the Definition of a Weapon

According to Section 2 of the Criminal Code of Canada, a weapon is any object used or intended to be used to cause injury or intimidate another person. This broad definition encompasses a wide range of items, from firearms and knives to everyday objects like baseball bats or even kitchen utensils, depending on their use. Additionally, Section 84(1) of the Criminal Code outlines restricted or prohibited weapons, emphasising the importance of understanding how an item's classification can affect legal proceedings.

What Constitutes a Firearm?

Under the Criminal Code, a firearm is defined as a barreled weapon from which a projectile can be discharged with enough force to cause serious bodily injury or death. This includes traditional firearms like rifles and shotguns, as well as items that can be modified to function as firearms. The classification of firearms is based on their characteristics and intended uses, with specific regulations governing restricted and prohibited firearms. Adherence to licensing requirements is crucial for legal possession and use.

Categorising Firearms in Canada

Canada classifies firearms into three main categories: non-restricted, restricted, and prohibited. Knowing these categories and their respective regulations is essential for lawful ownership and use.

Non-Restricted Firearms

Non-restricted firearms typically include hunting rifles and shotguns. These firearms are subject to fewer regulations compared to restricted or prohibited firearms. They are commonly used for hunting and sport shooting, and owners must adhere to basic licensing and storage requirements.

Restricted Firearms

Restricted firearms encompass handguns and firearms with shorter barrel lengths. Ownership of restricted firearms requires additional regulations and licensing, including registration with the RCMP. These firearms are often used for target shooting and must be transported and stored according to strict legal standards.

Prohibited Firearms
Prohibited firearms include certain handguns, modified rifles and shotguns, and automatic weapons. These firearms are heavily regulated due to their potential for significant harm. Possession of prohibited firearms is generally restricted to specific individuals and circumstances, such as certain law enforcement officers or individuals with grandfathered rights.

Defending Against Various Firearms and Weapons Charges

Pyzer Criminal Lawyers defend against a wide array of firearms and weapons charges. Sections 84 to 117 of the Criminal Code cover numerous offences, each with unique legal implications.

Using a Firearm in the Commission of an Offence

Using a firearm or imitation firearm during the commission of a crime is a severe offence under Section 85 of the Criminal Code. Convictions for this offence result in additional penalties beyond those for the underlying crime, reflecting the heightened danger posed by firearms.

Using an Imitation Firearm in the Commission of an Offence

The use of imitation firearms during the commission of a crime is treated similarly to real firearms. Legal consequences for using imitation firearms are severe, emphasising the intent to cause fear or harm. Cases often involve items like replica guns, which can easily be mistaken for real firearms.

Careless Use of a Firearm

Section 86 of the Criminal Code addresses the careless use of firearms, underscoring the importance of responsible handling. Careless use can include negligent discharge, improper storage, or unsafe operation of a firearm. Convictions for careless use can result in fines, imprisonment, and revocation of firearm licences.

Contravention of Storage Regulations

Legal requirements for the secure storage of firearms are stringent. Violating these regulations can lead to severe penalties, including fines and imprisonment. Proper storage involves ensuring that firearms are unloaded and securely locked, preventing unauthorised access.

Pointing a Firearm

Pointing a firearm at another person, even without discharging it, is a serious offence under Section 87 of the Criminal Code. This act is considered a threat and can result in significant legal consequences, including imprisonment and a criminal record.

Possession of a Weapon for a Dangerous Purpose

Possessing a weapon with the intent to cause harm or commit a crime is prohibited under Section 88 of the Criminal Code. Intent plays a crucial role in these cases, and convictions can result in severe penalties, including imprisonment.

Carrying a Weapon While Attending a Public Meeting

Carrying a weapon to a public meeting without a lawful excuse is prohibited under Section 89 of the Criminal Code. This offence aims to maintain public safety and prevent violence at gatherings. Violations can lead to fines and imprisonment.

Carrying a Concealed Weapon

Carrying a concealed weapon without proper authorization is illegal under Section 90 of the Criminal Code. This includes hiding a weapon on one's person or in a vehicle. Penalties for carrying concealed weapons can be severe, emphasising the importance of adherence to legal requirements.

Unauthorised Possession of a Firearm, Prohibited Weapon, or Restricted Weapon

Unauthorised possession of firearms and weapons is addressed in several sections of the Criminal Code. Possessing these items without the appropriate licences or permissions is a serious offence. Scenarios involving unauthorised possession often include weapons acquired through illegal means or failure to adhere to licensing regulations.

Possession of a Firearm, Prohibited Weapon, Device, or Ammunition Knowing the Possession Is Unauthorised

Knowingly possessing unauthorised firearms, weapons, or ammunition is a significant offence. Proper licensing and registration are critical, and violations can result in severe penalties, including imprisonment. Ensuring compliance with all legal requirements is essential for lawful possession.

Possession at an Unauthorised Place

Section 93(2) of the Criminal Code addresses possession of firearms or weapons in unauthorised locations. This can include carrying firearms in restricted areas or places where possession is prohibited. Convictions for possession at unauthorised places can lead to fines and imprisonment.

Unauthorised Possession of a Motor Vehicle

Regulations surrounding the possession of firearms and weapons in motor vehicles are strict. Section 94 of the Criminal Code outlines the penalties for violations, which can include fines and imprisonment. Proper transportation and storage of firearms in vehicles are essential to avoid legal consequences.

Weapons Trafficking

Weapons trafficking, as defined under Section 99(1) of the Criminal Code, involves the illegal distribution of firearms and weapons. This offence carries severe penalties due to the potential for widespread harm. Preventing the illegal spread of weapons is a critical aspect of public safety, and convictions for trafficking can result in long-term imprisonment.

Defending Weapons Offences in Toronto

Understanding the potential defences available for weapons charges is crucial for mounting an effective legal strategy. Pyzer Criminal Lawyers are committed to exploring all possible defences to protect your rights.

Defence of Duress

The defence of duress applies when an individual commits an offence under immediate threat of harm. To prove duress, it must be shown that the threat was serious, immediate, and unavoidable. This defence can mitigate or eliminate criminal liability if successfully demonstrated.

Legitimate Firearm Possession

Legitimate possession of firearms for activities such as hunting or sport shooting can serve as a defence. This requires having the appropriate licences and adhering to all regulations. Demonstrating lawful possession can help negate charges of unauthorised possession or use.

Mistake of Fact

A "mistake of fact" defence involves demonstrating that the accused had a genuine and reasonable belief that negated the criminal intent. For example, if someone believed they were authorised to possess a firearm based on incorrect information, this defence might apply. The mistake must be honest and reasonable under the circumstances.

Charter Rights Violations

Violations of Charter rights, such as unlawful searches or failure to inform of the right to counsel, can serve as a defence. If law enforcement infringes on these rights, evidence obtained through such violations may be excluded from the trial. Ensuring that all procedural and constitutional protections are upheld is a key aspect of a robust defence.

Penalties for Weapons Offence Convictions

Weapons offence convictions can lead to a range of penalties, depending on the severity of the offence and whether it is prosecuted summarily or by indictment. Penalties can include fines, probation, and lengthy imprisonment. Understanding the potential consequences of a conviction is essential for preparing a comprehensive defence strategy.

Seek Counsel from Experienced Criminal Defence Lawyers

Facing weapons charges necessitates expert legal representation. Pyzer Criminal Lawyers are dedicated to providing tailored legal support, ensuring transparent communication and comprehensive guidance throughout the legal process. Our experienced lawyers are committed to achieving favourable outcomes for our clients, leveraging extensive knowledge and strategic defence approaches.

Frequently Asked Questions

Can I get a firearms licence with a criminal record in Canada?

Obtaining a firearms licence with a criminal record depends on various factors, including the nature and severity of the past offence. The application process involves a thorough evaluation by the RCMP, and honesty is crucial. While some criminal records may disqualify an individual, others may not preclude licensure, depending on the circumstances and rehabilitation.

Can I possess a weapon for self-defence?

Canadian law regulates the possession of weapons for self-defence strictly. Self-defence is considered legally justifiable under certain conditions, such as the immediacy and necessity of the threat faced. The Criminal Code outlines specific criteria for self-defence, and possession of weapons must comply with legal standards. Understanding these regulations is essential for lawful self-defence.