Comprehensive Guide to Firearm-
Related Offences in Canada

Introduction

Firearm-related offences are taken extremely seriously under Canadian law. Canada has some of the strictest gun control laws in the world, and violations can result in severe criminal penalties. If you are charged with a firearm-related offence, it is critical to understand the law, your rights, and the legal defences available to you.

At Guruveer Sangha Law, we specialize in defending clients facing firearm charges. Whether you are accused of illegal possession, unsafe storage, or using a firearm during an offence, we are committed to protecting your rights and achieving the best possible outcome.

This guide provides a detailed overview of firearm-related offences under the Criminal Code of Canada, their penalties, and common defences.

Legal Definition of a Firearm

Under Section 2 of the Criminal Code of Canada, a firearm is defined as:

“A barreled 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.”

This definition includes:

• Handguns
• Rifles
• Shotguns
• Prohibited or restricted weapons

It also covers replica firearms, air guns, and pellet guns if they meet certain criteria. Courts also consider modifications to firearms, such as altering a weapon to increase its firing capacity, as relevant factors in determining legal culpability.

Key Firearm-Related Offences Under the Criminal Code

1. Unauthorized Possession of a Firearm (Section 91)

Under Section 91, it is a criminal offence to possess a firearm without the proper licence or authorization.

• Penalty: Up to 5 years imprisonment (indictable) or up to 6 months imprisonment (summary conviction).

The courts will consider factors like the location of the firearm, the context of possession, and any previous criminal history of the accused.

2. Possession of a Firearm Knowing Its Possession is Unauthorized (Section 92)

Section 92 applies when a person possesses a firearm and knows they do not have legal authorization.

• Penalty: Up to 10 years imprisonment (indictable).

In these cases, evidence often includes witness testimony, police reports, and forensic examinations to confirm possession and knowledge.

3. Careless Use or Storage of a Firearm (Section 86)

Under Section 86, it is an offence to use, carry, handle, or store a firearm in a careless manner that poses a risk to public safety.

• Penalty: Up to 2 years imprisonment (summary conviction) or up to 5 years imprisonment (indictable).

4. Unauthorized Importing or Trafficking of Firearms (Section 99)

Section 99 deals with trafficking, importing, or exporting firearms without authorization. This is one of the most serious firearm offences.

• Penalty: Minimum 3 years imprisonment for a first offence and 5 years imprisonment for subsequent offences.

The Crown must prove the accused had knowledge and intent to traffic firearms. Evidence can include intercepted communications, surveillance, and firearms seized by law enforcement.

5. Possession of a Weapon for a Dangerous Purpose (Section 88)

Section 88 criminalizes the possession of a firearm (or any weapon) for a purpose that is dangerous to the public peace.

• Penalty: Up to 10 years imprisonment (indictable) or up to 6 months imprisonment (summary conviction).

Intent is a key factor in these cases. The Crown must demonstrate that the accused possessed the firearm with harmful intent.

6. Use of a Firearm in the Commission of an Offence (Section 85)

Under Section 85, using a firearm while committing another offence (e.g., robbery, assault) results in additional penalties.

• Penalty: Minimum 1 year imprisonment for a first offence and 3 years imprisonment for subsequent offences, served consecutively to the underlying offence.

This section aims to deter the use of firearms in violent crimes and carries mandatory minimum sentences.

Regulatory Offences: Firearm Licensing and Storage

In Canada, firearm ownership is governed by a combination of federal laws under the Firearms Act and provisions within the Criminal Code. These laws ensure that firearms are possessed, stored, displayed, and transported safely.

1. Firearm Licensing (Possession and Acquisition Licence – PAL)

To possess or acquire a firearm legally in Canada, individuals must:

• Complete the Canadian Firearms Safety Course (CFSC) for non-restricted firearms.
• Complete the Canadian Restricted Firearms Safety Course (CRFSC) for restricted firearms.
• Apply for and obtain a Possession and Acquisition Licence (PAL).

The PAL must be renewed every 5 years. Individuals without a valid PAL are committing an offence under Section 91 of the Criminal Code.

2. Firearm Storage Requirements

Improper storage of firearms is one of the most common regulatory offences. Under the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, the requirements include:

• Non-restricted Firearms: Must be unloaded and stored securely in a locked container, or room or secured with a locking device (such as a trigger lock).
• Restricted and Prohibited Firearms: Must be unloaded, stored in a locked container, and secured with a locking device (i.e. a trigger lock).

Charges for improper storage are prosecuted under Section 86 of the Criminal Code.

3. Firearm Transportation Regulations

When transporting firearms, individuals must ensure:

• Non-restricted firearms are unloaded.
• Restricted and prohibited firearms are unloaded, secured with a locking device, and transported in a locked container.
• Proper authorizations, such as an Authorization to Transport (ATT), are obtained for restricted firearms.

Failure to meet these regulations can lead to charges for unsafe handling or careless use under Section 86.

4. Key Regulatory Offences

The following are common regulatory firearm offences in Canada:

• Unauthorized Possession Without a PAL (Section 91)
• Improper Storage or Handling of Firearms (Section 86)
• Failure to Register Restricted or Prohibited Firearms
• Unauthorized Transportation of Restricted Firearms
• Failure to Secure Ammunition Separately

Violations of these laws, even without criminal intent, can result in significant penalties, including fines, probation, and jail time.

5. Firearm Inspections and Enforcement

Regulatory compliance is enforced through:

• Firearm inspections by the Chief Firearms Officer (CFO).
• Investigations following complaints or incidents.
• Search warrants issued under Section 117.04 of the Criminal Code for violations.

A failure to comply with firearm regulations may result in the revocation of a PAL and forfeiture of the firearms.

For the full regulations governing firearm storage and licensing, refer to the official Storage, Display, and Transportation of Firearms Regulations.

Defences to Firearm-Related Charges

Common defences to firearm charges include:

1. Lack of Knowledge: The accused did not know they possessed the firearm.
2. Proper Licensing: The accused had proper authorization or a valid licence.
3. Charter Violations: Evidence obtained in violation of Charter rights (e.g., unlawful search and seizure under Section 8 of the Charter) may be excluded.
4. No Dangerous Purpose: The firearm was not intended for dangerous purposes.
5. Improper Evidence Handling: The Crown’s evidence was obtained or handled improperly, undermining its reliability.
6. Temporary Possession: The accused possessed the firearm only briefly without intent to keep it.

At Guruveer Sangha Law, we meticulously examine the facts of your case, identify weaknesses in the Crown’s evidence, and explore every possible defence to protect your rights.