Navigating the Complexities of Firearms Offences in Canada

At Mor Fisher LLP, we provide expert legal defence for individuals facing firearms offences in Canada. Understanding the intricate nature of firearm laws, our experienced team is prepared to handle a range of charges, from unauthorized possession to offences involving the use of firearms in crimes.

This page is about firearms-related criminal offences - for stand-alone firearms seizure, forfeiture or prohibition applications unrelated to a criminal offence, click here.

Understanding Firearm Possession Offences

Canadian law outlines various offences related to the possession and handling of firearms. These include:

• Unsafe Storage and Handling (Section 86(1)): Charges related to improper storage or handling of firearms.
• Contravention of Storage Regulations (Section 86(2)): Violations of specific firearm storage regulations.
• Unauthorized Possession (Sections 91 and 92): Possessing a firearm without proper authorization.
• Possession in a Motor Vehicle (Section 94): Unauthorized possession of a firearm in a vehicle.
• Restricted or Prohibited Firearm Possession (Section 95): Possessing firearms classified as restricted or prohibited.
• Weapons Trafficking (Sections 99, 100): The illegal trafficking of firearms.

Firearm Use in Criminal Offences

The use of a firearm in the commission of an offence carries serious legal consequences. Key offences include:

• Use of Firearm in Commission of an Offence (Section 85): Using a firearm during the commission of a crime.
• Pointing a Firearm (Section 87): The act of pointing a firearm at someone, regardless of intent.
• Firearm-Related Violent Crimes: Including manslaughter (Section 236), attempted murder (Section 239), and aggravated assault (Sections 272, 273) involving a firearm.

Our Approach to Defence

Our legal strategy involves a meticulous review of the evidence, the circumstances of the arrest, and the specifics of the alleged offence. We explore all avenues for defence, including:

• Challenging the Legality of the Search and Seizure: Examining whether the firearm was discovered through a lawful search.
• Assessing the Firearms Report: Firearms introduced in criminal proceedings must meet the legal definition of a firearm, as supported by an expert report from a qualified expert. We are careful to scrutinize any reports received in disclosure to ensure accuracy and identify areas of weakness.
• Negotiating with the Crown: Where appropriate, negotiating for reduced charges or alternative resolutions.

Schedule a Consultation

If you or someone you know is facing a firearms offence in Canada, it’s crucial to seek experienced legal representation. Contact Mor Fisher LLP for a confidential consultation to discuss your case and explore your options.