Weapons & Firearms Charges in Ontario – Criminal Defence Lawyers
Facing a Weapons or Gun Charge in Ontario?
We Protect Your Rights, Your Freedom, and Your Record.
Weapons and firearms offences in Ontario are prosecuted aggressively — even for first-time accused or legal gun owners. At Law Booth, we defend clients charged with possession, trafficking, prohibited weapons, and unsafe storage. Whether the case involves a simple pocketknife or restricted firearm, we build strong, Charter-based defences and push to avoid jail, bans, and lifelong consequences.
What Are Weapons and Firearms Offences?
Weapons-related offences cover a broad range of conduct and objects under the Criminal Code and Firearms Act. You don’t have to use the weapon — even possessing one improperly can lead to criminal charges.
Common charges include:
Unauthorized Possession of a Firearm (s. 91)
Unsafe Storage of a Firearm (s. 86)
Possession of a Weapon for a Dangerous Purpose (s. 88)
Carrying a Concealed Weapon (s. 90)
Possession of a Prohibited or Restricted Firearm (s. 95)
Possession Contrary to Order (s. 117.01)
Weapons Trafficking (s. 99)
Use of Firearm in Commission of an Offence (s. 85)
Possession of Brass Knuckles, Switchblades, Tasers, and Pepper Spray (prohibited weapons list)
PENALTIES IF CONVICTED
Many firearms offences carry mandatory minimum jail sentences, especially under s. 95 of the Criminal Code.
Examples:
Possession of a loaded prohibited/restricted firearm: Minimum 1–3 years in jail
Weapons trafficking: Up to life imprisonment
Concealed or illegal weapon: Up to 5–10 years depending on prior record
Firearm used in another offence: Mandatory additional sentence on top of the main charge
Other consequences:
Firearms bans for up to life
Permanent criminal record
Seizure and destruction of property
Immigration and travel issues
Loss of PAL/RPAL licences
HOW WE DEFEND WEAPONS CHARGES
We carefully examine the facts, police conduct, and legality of the search or seizure. Our Charter-based defence strategy includes:
✅ Challenging unlawful search and seizure
✅ No intent to use the weapon dangerously
✅ Lack of knowledge or control over the weapon
✅ Weapon not prohibited or not operable
✅ Constitutional violations (Charter applications)
✅ Improper investigation or entrapment
We push for:
Withdrawals
Stay of proceedings
Acquittals at trial
Reduced charges to avoid mandatory jail
Diversion (in rare low-level cases)
FREQUENTLY ASKED QUESTIONS
WEAPONS AND FIREARMS CHARGES
Q1: I have a PAL. Can I still be charged?
Yes. A valid Possession and Acquisition Licence (PAL) doesn’t protect you if:
The firearm is stored or transported improperly
You possess a restricted or prohibited firearm
You’re under the influence or in an unauthorized place
You’re subject to a court order or prohibition
Q2: Are all weapons offences treated the same?
No. A folding knife may be treated differently than a loaded firearm. However, both can lead to serious charges, especially if linked to intent or threat.
Q3: Can I be charged for having a weapon in my car or home?
Yes. You can be charged if:
The weapon is within reach or easily accessible
You don’t have a legal reason to have it
You’re in breach of court conditions (e.g., from prior charges)
Q4: Are weapons charges eligible for bail?
Yes, but reverse onus may apply. You may need a strong surety and tight conditions. We help develop solid bail plans for quick release.
Q5: What is a “prohibited weapon”?
Includes:
Switchblades, butterfly knives
Brass knuckles
Tasers or stun guns
Pepper spray or mace
Fully automatic or modified firearms
Possessing these — even for self-defence — is illegal.
Q6: What if I didn’t know the weapon was there?
Lack of knowledge or constructive possession is a viable defence. If the weapon was in someone else’s bag or vehicle and you didn’t control or know about it, we argue to exclude you from liability.