Protecting Your Rights: A Brampton Weapons Offence Lawyer on the Penalties

Charged with a Weapons Offence? A Brampton Lawyer Explains Penalties

Weapon ownership is strictly controlled in Canada. From carrying weapons while attending public meetings to weapons trafficking, there is a wide range of weapons offences, and penalties can vary dramatically. With increasing concerns over (and intolerance of) gun violence in Canada, Canadian criminal legislation has become tougher on weapons offences.

This is especially true for those who have committed these crimes more than once, as they face even harsher penalties. Many weapons offences now have mandatory minimum prison sentences attached to them. And regardless of how serious or minor the offence is, any weapons offence carries the real risk of a permanent criminal record, which can have life-altering consequences. A criminal record can make it more difficult to enter some professions, get work, or travel within the country.

Under Section 85(1) of the Criminal Code of Canada, every person who uses a firearm commits an offence, whether or not the person causes or intends to cause bodily harm to another person as a result of using the firearm.

If you find yourself charged with a weapons offence in Ontario, it is essential to seek out a weapon offence lawyer in Brampton to get the right guidance. Having an experienced lawyer is important if you need to navigate the judicial system and understand your constitutional rights. Keep reading to find out in detail about weapons offences and their probable penalties.

Weapons Offences in Canada and Their Defences

As per the Criminal Code of Canada, the term ‘weapon’ can refer to two things. First, it can be any object with the potential to harm another person. Second, it can refer specifically to firearms and other weapons (such as guns and knives) that are prohibited or not authorized. According to Canada's Criminal Code, anything that is intended to threaten, intimidate, or cause harm or death to a person can be considered a weapon.

This definition can also include items that someone may use to bind or tie up another person against their will. This is especially relevant when it comes to assault charges, as any object that someone uses to harm or intimidate another can lead to such charges.

Here, we outline listed some of the various weapons-related offences defined by the Criminal Code of Canada:

● Careless Use of a Firearm: Section 86(1) of the Criminal Code makes it a criminal offence for anyone to use, carry, handle, ship, transport, or store firearms, weapons, or ammunition in a careless manner or without taking reasonable precautions for the safety of others.

The maximum penalty is imprisonment between six months and two years plus a $5,000 fine, depending on whether or not it is a summary or indictable offence. The maximum penalty for subsequent offences is five years.

● Unauthorized Possession of a Firearm: Under Section 86(3) of the Criminal Code, it is illegal to possess a firearm without proper authorization. This crime comes with a minimum penalty of one year for the second offence and a maximum penalty of 10 years in prison.

● Possession of a Prohibited or Restricted Firearm: According to Section 95(1) of the Criminal Code, it is illegal to possess a loaded firearm that is prohibited or restricted, or an unloaded one with easily accessible ammunition, without proper authorization or a licence. The person must also have the registration certificate for the firearm. Any violation of this law is considered an offence. The Supreme Court of Canada recently struck down the severe 3-5 year minimum penalty, but the sentencing still ranges from one year plus a $5,000 fine to 10 years in prison.

● Possession of a Firearm with a Serial Number Defaced: Section 96(1) of the Criminal Code states that it is an offence to possess a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition that was obtained through the commission of an offence in Canada or an act outside of Canada that would be considered an offence in Canada.

● Weapons Trafficking: The offence of weapons trafficking under Section 99(1) of the Criminal Code involves the act of manufacturing, transferring, or offering to transfer prohibited or restricted firearms, prohibited devices, or any ammunition, knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

If convicted, weapons trafficking offences entail jail sentences from three to ten years, except transfer without authorization, which has a maximum term of five years if prosecuted as an indictable offence.

● Assembling Offence: This refers to making a fully-automated weapon. Anyone convicted of modifying a firearm to manufacture an automatic weapon can face up to ten years in prison, depending on how the Crown decides to try the case.

Import/Export Offences: Under Section 10-104, the Canadian Criminal Code states that it is illegal to import or export a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, or any component or part designed for use in the manufacture or assembly of an automatic firearm without proper authorization.

If an individual knowingly does this, they are committing an offence and can be punished with imprisonment for a term of up to 10 years. If the offence involves a prohibited firearm, restricted firearm, non-restricted firearm, prohibited device, or prohibited ammunition, the individual will face a minimum sentence of imprisonment for a term of three years for a first offence and five years for a second or subsequent offence.

For all other cases, the maximum penalty is imprisonment for a term of up to 10 years. The punishment is the same whether the import/export is unauthorized or the individual is aware they are not authorized to do so.

● Lost, Damaged, or Destroyed Weapons Offences: This refers to i) the loss or recovery of a firearm (and failure to immediately report it to an officer) ii) disposing of a firearm; iii) making false statements to a police officer; and iv) attempting to tamper with a serial number. Like other weapons charges, these offences can be prosecuted as a summary offence (with lower maximum sentences) or as an indictable offence (with a maximum penalty of five years in prison for a first offence).

Weapons offences are serious criminal offences in Canada, and anyone charged with one needs the services of a criminal defence lawyer in Brampton who specializes in them. The right lawyer can help you understand your rights, the charges against you, and the penalties you could face. They can also provide the best legal representation, negotiate with the Crown prosecutor to reduce or drop charges and ensure that you receive the best possible outcome.