Firearms & Weapons – Possession Offences

Introduction:

Firearms and weapons legislation and regulations in Canada are crucial for ensuring public safety while respecting individual rights. This guide covers essential aspects, including licensing requirements, prohibited firearms (discharge of a firearm, rekless use, commission of an offence), and storage and transportation guidelines. It also outlines the legal framework governing their use, providing a comprehensive understanding (firearm and weapon possession) of how Canadian regulations manage firearm and weapon use.

Licensing Requirements:

Firstly, anyone wishing to possess or acquire a firearm in Canada must hold a valid firearms license issued by the federal government. To obtain this license, individuals must undergo rigorous background checks, complete safety training, and meet specific eligibility criteria. Furthermore, there are two main types of firearms licenses: Possession and Acquisition Licenses (PAL) for non-restricted firearms and Restricted Possession and Acquisition Licenses (RPAL) for restricted firearms such as handguns. The Firearms Act and recent updates under Bill C-21 govern these licensing requirements, ensuring responsible firearm ownership and mitigating risks associated with unlicensed firearms.

Prohibited Firearms and Revelant Criminal Code Provisions:

Under Section 85 of the CCC, using a firearm, including a prohibited one, in the commission of an indictable offence attracts additional penalties. This includes mandatory minimum sentences where the firearm is used to commit violence or intimidation. Sections 91 and 92 criminalize the unauthorized possession of any firearm, including prohibited ones. Specifically:

• Section 91(1) makes it an offence to possess a prohibited firearm without a license and registration certificate.
• Section 92(1) addresses possession while knowing the firearm is unauthorized.

Further, Section 95(1) deals with possession of a loaded prohibited firearm or one with easily accessible ammunition. This is treated as a hybrid offence, but often proceeds by indictment, especially in cases involving public safety.

Types of Firearm Offences

• Unauthorized possession (s. 91–92)
• Possession for a dangerous purpose (firearm and weapon possession) (s. 88)
• Carrying concealed weapons (s. 90)
• Discharge of a Firearm(s) – Section 244 and 244.2 cover discharging a firearm with intent to wound, endanger life, or in a reckless manner, often resulting in mandatory minimum sentences.
• Weapons Trafficking and Unauthorized Transfer – Sections 99 to 101 criminalize the transfer, trafficking, or offering to transfer firearms without proper authorization.
• Use of Firearm in the Commission of an Offence – Section 85 adds mandatory penalties for using a firearm during the commission of certain indictable offences.

Storage and Transportation Guidelines:

Canadian law mandates specific storage and transportation guidelines to ensure safety. Owners must store firearms unloaded and keep ammunition separately, out of unauthorized reach. Moreover, firearms should be secured with locking devices or stored in locked containers such as gun safes. When transporting firearms, they must be unloaded and securely stored to prevent unauthorized access. For restricted firearms, additional precautions include proper documentation and adherence to approved transport routes. These regulations, enforced under Sections 97 and 98 of the CCC, are vital for the safe and lawful handling of firearms.

S. 85 – Using a Firearm in the Commission of an Offence

Section 85 imposes mandatory penalties when a firearm is used during the commission of an indictable offence, such as robbery or assault. These gun crime charges add significant prison time, even when the weapon was not fired. Courts focus on whether the firearm was operational and whether its use facilitated the underlying crime. Legal defences frequently explore the authenticity of the firearm, potential coercion, or mistaken identity. Furthermore, any breach of Charter rights—such as unlawful search or seizure—can invalidate key evidence. Given the severity of these weapons offences, strong legal representation is crucial.

S. 244 Offence

Under section 244 of the Criminal Code, discharging a firearm with intent to wound, maim, disfigure, or endanger life constitutes a serious gun crime in Canada. Courts treat these weapons offences as high-risk threats to public safety. Prosecutors often seek mandatory minimum sentences, especially when discharge occurs in populated areas. Defence counsel (firearm and weapon possession) must assess whether the accused intended harm or if identity evidence is unreliable. Moreover, any violation of Charter rights during arrest or search can result in evidence being excluded. Therefore, facing firearm-related charges under s. 244 demands a detailed and strategic criminal defence plan.

S. 244.2 – Reckless Discharge of a Firearm

Section 244.2 addresses the reckless discharge of firearms, particularly when shots are fired at buildings or vehicles. This provision targets dangerous behaviour that may not intend to harm directly but still creates serious public risk. For example, drive-by shootings or celebratory gunfire may result in charges under this section. Although intent to injure is not required, recklessness must be proven. Consequently, defences may focus on the accused’s awareness of risk and whether discharging the weapon was deliberate. In addition, GPS data and ballistics are often central to Crown evidence in these firearms-related offences.

Legal Framework and Penalties:

Under the Criminal Code of Canada, penalties for possessing or using prohibited firearms in Canada are severe. Offenders face charges under Sections 85, 91, 92, and 95, with mandatory minimum sentences applying in many cases.

Criminal Sentences and Mandatory Minimums

A conviction under Section 95(1)—possession of a loaded prohibited firearm—can result in a minimum of three years’ imprisonment for a first offence, and up to ten years if tried by indictment. Use of a firearm during the commission of an offence (Section 85) triggers additional penalties.

Additional Legal Consequences

Beyond incarceration, individuals may face lifetime firearm bans, inclusion on national crime databases, and permanent criminal records. For non-citizens, these charges may lead to inadmissibility under IRPA, resulting in removal from Canada.

Conclusion:

In conclusion, firearms and weapons regulations in Canada aim to uphold public safety, prevent misuse, and promote responsible ownership (firearm and weapon possession). Understanding licensing requirements, prohibited firearm classifications, storage and transportation guidelines, and the legal framework is essential for all firearm owners. By adhering to these regulations and prioritizing safety and compliance, individuals contribute to a safer environment.