In Canada, weapons offences are strictly regulated under both the Criminal Code of Canada and the Firearms Act. Facing a weapons charge in Toronto can have serious consequences, including jail time, fines, and long-term restrictions on owning or possessing weapons. It’s important to know that the specific use of any item, depending on the context, may lead to a charge that involves “weapons”.
Stastny Law’s experienced weapons offence lawyers in Toronto are dedicated to providing comprehensive legal support to individuals facing these serious allegations. With a strong focus on protecting your rights, we can guide you through the legal process and pursue your goals quickly. To schedule a consultation with our team, call 416-303-5164 or email info@stastnylaw.com today.
What is a Weapons Offence in Ontario?
Weapons offences cover a broad range of criminal activities. They can involve the possession, use, or distribution of firearms and other prohibited weapons. Due to the risk that these offences pose to public safety, the police and courts often treat weapons cases with a lot of scrutiny. However, misunderstandings, unintentional possession, or legal errors in law enforcement procedures can sometimes lead to unjust charges.
Under section 84(1) of the Canadian Criminal Code, there are a variety of ways that ‘weapon’ can be defined. It’s important to understand these definitions when you’re analyzing or defending your charge. According to the law:
- “Weapon” means any thing used, designed to be used or intended for use
1. in causing death or injury to any person, or
2. for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm
- “Prohibited Weapon” means:
1. a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
2. any weapon, other than a firearm, that is prescribed to be a prohibited weapon
- “Prohibited Device” means:
1. any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device
2. a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union
3. a device or contrivance designed or intended to muffle or stop the sound or report of a firearm
4. a cartridge magazine that is prescribed to be a prohibited device, or
5. a replica firearm
- “Firearm” means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.
- “Prohibited Firearm” means:
1. a handgun that has a barrel equal to or less than 105 mm in length, or
2. is designed or adapted to discharge a 25 or 32-calibre cartridge,
but does not include any such handgun that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union
3. a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other altercation, and that, as so adapted, is less than 660 mm in length, or
4. A. is 660 mm or greater in length and has a barrel less than 457 mm in length
5. an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or
6. any firearm that is prescribed to be a prohibited firearm;
Although this list of definitions is not exhaustive, it does encompass a wide variety of weapons that are normally involved in a criminal offence charge. If you have questions about whether the action you committed qualifies as a weapons offence, you should seek legal advice immediately.
Types of Weapons Offences Stastny Law Can Defend
Weapons offence charges can differ in severity depending on the type of weapon involved and intent of use. Our team at Stastny Law has extensive experience handling weapons-related cases. Regardless of the weapons charge you’re facing, don’t hesitate to reach out to our lawyers as soon as possible to discuss your case.
Unauthorized Possession of a Firearm
This is a criminal offence you can be charged with if you possess a firearm without proper authorization or license. Even if the firearm is legally registered, it must be used and stored according to strict legal requirements. If a firearm is stored improperly, its license is expired, or there’s a misunderstanding of the firearm regulations, the holder may be charged.
Unauthorized possession can lead to large fines or even imprisonment, especially if the weapon is loaded or carried in a restricted area. If you are convicted of unauthorized possession, you may also be prohibited from owning a firearm in the future.
Our lawyers will review whether proper procedure was followed during the search and seizure process when you’re charged with unauthorized possession. In some cases, we can challenge whether you had knowledge or control over the firearm in question.
Possession of a Prohibited or Restricted Weapon
Certain weapons, like switchblades, brass knuckles, and certain types of firearms, are classified as prohibited or restricted under Canadian law. Possessing these items without official authorization can lead to a severe charge. For example, a prison sentence or a permanent ban from owning similar weapons in the future.
If you are charged with possession of a prohibited or restricted weapon, our Toronto weapons offence lawyers will examine the circumstances of your case to identify any procedural errors in the arrest or investigation process. In addition, we can assess whether you had lawful reasons for possession or were justifiably ignorant of the weapon’s classification.
Weapons Trafficking
Weapons trafficking involves the sale, transfer, or distribution of firearms or other prohibited weapons. This charge can be assigned whether or not money is exchanged during the trafficking process. Due to its common connection with organized crime, weapons trafficking is a heavily penalized offence. If you are convicted of this charge, it can lead to multi-year prison sentences. This is especially true if the trafficking in question is linked to a criminal organization or puts a significant portion of the public at risk.
In trafficking cases, our lawyers often challenge the intent and involvement of our client, scanning available evidence for errors or violations of procedure. Our goal is to cast doubt on the prosecution’s ability to prove your involvement beyond a reasonable doubt.
Use of a Weapon in the Commission of an Offence
When a weapon is used to commit another crime, such as robbery or assault, additional charges related to the weapon’s use may apply. These charges can increase the seriousness of the original offence and might lead to higher penalties. For example, a conviction can add years to the prison sentence for the original crime. This is why it’s important to address both the weapon charge and the underlying offence.
When you work with our Toronto weapons offence lawyers on this type of charge, they will analyze whether the weapon’s involvement can be minimized or excluded from evidence. They will instead explore alternative explanations for the alleged presence or use of a weapon.
Carrying a Concealed Weapon
Carrying a concealed weapon without proper authorization is a unique offence, even if the weapon itself is not prohibited. This can include items like knives, firearms, or any other object that the alleged perpetrator intends to use for harm. Carrying a concealed weapon can result in a wide range of penalties, including fines or jail time. The type of consequences can depend on the circumstances of the incident, as well as any prior criminal history the accused has.
At Stastny Law, our Toronto weapons offence lawyers will investigate the reasons behind the weapon’s concealment in the first place. We generally aim to establish that the client had no intention to use the weapon unlawfully despite their possession of it.
Consequences for Weapons Offences in Ontario
Weapons offences in Canada can have significant and far-reaching legal consequences. Depending on the type of charge, individuals might face:
- Mandatory minimum sentences in prison
- Prohibition orders from future ownership
- A permanent criminal record
- And more
The severity or length of these penalties will vary on a case-by-case basis. That’s why it’s important to work with an experienced criminal lawyer when you’re faced with weapons offence charges. A knowledgeable legal professional who understands weapons law in Ontario can effectively navigate the legal system on your behalf.
Why Choose Stastny’s Weapons Offence Lawyers?
If you must defend yourself against a weapons charge, our lawyers at Stastny Law can help. We keep your best interests in mind while developing a strategic defence for your case. When you choose to work with our team, you can expect:
- An in-depth case assessment and a review of all evidence relevant to your case
- Challenges to search and seizure procedures used to charge you with the weapons offence
- Negotiation of an alternative, adjusted sentence or reduced charges, depending on the crime
- Experienced and strategic representation in court
- Assistance and appeal support following a conviction
- And more
Choosing the right lawyer to handle a weapons charge can make a significant difference in your confidence throughout the legal process. When you choose Stastny Law, you can be sure that our experience with complex weapons cases and detailed defence strategies will help you pursue the outcome you desire.
Contact Stastny Law Today for a Consultation on Your Weapons Offence Case
If you or a loved one is facing a weapons-related charge in Toronto, it’s essential that you seek qualified legal assistance as soon as possible. The team at Stastny Law is here to educate you on the legal process, what your options are, and defend your rights.
To schedule a confidential consultation with one of our experienced weapons defence lawyers, call our Toronto office at 416-303-5164 or email info@stastnylaw.com. Remember, acting quickly can make all the difference in your criminal defence case – that’s why we’re ready to help you as soon as you reach out.
