If you own a weapon in Canada, there are very strict laws pertaining to how you register it, when you can and cannot fire it, and how you store it. If any of those laws are broken, you can be charged with a criminal offense – whether you intended to break the law or not. Firearms and other weapons offenses are specifically outlined according to Part III of the Criminal Code and are governed by the Firearms Act.
Use of Firearm in Commission of an Offense
If you use a firearm while committing an offense, then you can be charged with criminal negligence, manslaughter, attempted murder, discharging a firearm with intent, discharging a firearm with recklessness, sexual assault with the use of a firearm, aggravated sexual assault, kidnapping, taking a hostage, extortion, or robbery. Regardless of whether or not you intended to hurt someone, using a firearm during a crime is illegal, even if you are just using it for intimidation.
Unsafe storage of a firearm
Gun owners have an obligation to store their firearm under very specific conditions. If any of those conditions or storage precautions are not followed, then you may be charged with a crime. You are also not allowed to handle, transport, ship, display, advertise or mail order the sale of firearms or any weapons that are deemed restricted.
Pointing a firearm
Regardless of whether a firearm is loaded or not, if you point it at someone during the commission of a crime or without a legal excuse, then you may be subject to criminal charges.
Possession of a weapon for a dangerous purpose
Any individual who commits a crime while carrying or possessing a weapon, and uses it as an intimidation tactic with the intention of being a danger to the public or to commit an offense, can be subject to criminal charges.
Carrying a concealed weapon
It is unlawful for anyone to carry a prohibited weapon or ammunition that is concealed unless they have the proper authority to do so according to the Firearms Act.
Unauthorized possession of a firearm
To carry or possess a prohibited weapon or firearm you must have the proper registration; otherwise, it is illegal. It is also illegal to carry a prohibited weapon or firearm that is registered to someone other than you.
Possession of unauthorized firearm
If an individual commits a crime and possesses a firearm for which they know they don’t carry a license or registration, they can be subject to criminal charges. If they do not have either a license or registration personally, then they cannot be found in possession of a firearm, regardless of whether or not it is registered.
Possession of a restricted or prohibited firearm
Under the Firearms Act, specific firearms are strictly prohibited. If you are in possession of them, then you may face criminal charges. It is also illegal for anyone to possess someone else’s unauthorized firearm.
Weapons trafficking involves a crime where someone either attempts to manufacture or to sell a firearm, a prohibited weapon, a restricted firearm or weapon, or any prohibited ammunition. It is also illegal to possess any firearm that has been obtained through trafficking or to transfer a firearm or prohibited weapon without the proper authority to do so.
Possession of a weapon contrary to an order
It is illegal for anyone to possess a crossbow, a restricted weapon or firearm, ammunition, or an explosive substance if a person is strictly prohibited from doing so. Instances where someone would be strictly prohibited include when they have an order of protection against them or they have been convicted of a crime in the past.
Weapons charges in Canada often come with mandatory minimum sentencing. So if you are facing a weapons charge, it is imperative that you seek the counsel of an experienced attorney at www.pinxlaw.com to build a defense against any criminal weapons charges you might be facing.