Firearm Offences - Representation in Oshawa, Peterborough, Toronto, Lindsay, York Region

Legal representation for offences relating to firearms

Firearm offences come in many flavours, there are indictable offences, hybrid offences, and summary offences for firearms. For the purposes of this article, we will be focusing on hybrid and summary offences only.

What are Firearm Offences?

Firearm offences are offences that have a direct relation to firearms. In other words, these offences are not simply offences because the firearm was present. Some crimes are considered gun crimes simply due to there being a firearm within the premises. The offences within this section do not deal with those offences. Nor do they deal with offences that have been committed with a weapon, such as assault with a weapon. These offences are only the offences that fall under the Criminal Code of Canada.

The list below shows the summary and hybrid offences that are encapsulated within the category of firearm offences:

s. 86(3) – Careless use of firearm / Contravention of storage regulations

s. 87(2) – Pointing a firearm

s. 88(2) – Possession of weapon for dangerous purpose

s. 89(2) – Carrying weapon while attending public meeting

s. 90(2) – Carrying concealed weapon

s. 91(3) – Unauthorized possession of firearm / prohibited weapon or restricted weapon

s. 93(2) – Possession at unauthorized place (firearm /weapon)

s. 94(2) – Unauthorized possession in motor vehicle (firearm /weapon)

s. 101(2) – Transfer without authority (firearm / weapon)

s. 104(2) – Unauthorized importing or exporting (firearm /weapon)

s. 105(2) – Losing or finding without reporting (firearm / weapon)

s. 106(2) – Destroying without reporting (firearm / weapon)

s. 107(2) – Making false statements (in relation to ss. 105-6)

s. 108(2) – Tampering with serial number (firearm / weapon)

s. 111 – Application for prohibition order (firearm prohibition hearings)

s. 117.01(3) – Possession contrary to order / Failure to surrender authorization (firearm / weapon)

Sentencing for Firearm Offences

In general, sentencing provisions for firearms offences proceeding summarily include all possible dispositions, including jail time up to 2 years less a day. When sentencing for firearms offences, a possibility of a weapons prohibition exists, this can last for life, though, not typically for summary first offences.

Minimum sentencing provisions are not applicable to summary firearms offences.

Wherever there is a human being, I see God-given rights inherent in that being, whatever may be the sex or complexion.
William Lloyd Garrison, In his Life, Volume III, p. 390.