Home / Firearms & Weapons Offences
Defending Your Rights, Protecting Your Future
Overview
Firearm and weapons charges are among the most serious offences in Canadian criminal law. Many firearm cases involve reverse-onus bail and can lead to significant jail exposure and long-term consequences for your record, employment, and immigration status. Whether you’re facing charges for unlawful possession, careless storage, or weapons trafficking, your defence must be immediate, strategic, and precise.
Sanctuary Lawyers has over a decade of experience representing both adults and youth in firearms and weapons cases. From our office in Aurora, we provide client-focused representation and 24/7 urgent support—including bail hearings and WASH court coverage. The Crown frequently seeks penitentiary sentences in these matters, so engaging experienced counsel early is critical.
Understanding
Under the Criminal Code of Canada and Firearms Act, firearm-related charges vary based on the nature of the item, your possession status, licensing, and alleged use—ranging from storage violations to trafficking or violence.
At the bail stage, there is a presumption of not releasing an individual charged with a firearm offence. A well-prepared release plan (sureties, supervision, conditions) is a necessity to secure release. If you or a loved one is at the bail stage, contact our office immediately.
In addition to potential jail, the Crown often seeks weapons prohibition orders, seizure/forfeiture, and licence suspension or revocation.
What constitutes a firearm is relatively straightforward, but the definition of a ‘weapon’ is broader and more complex. According to the Criminal Code, a weapon means anything used, designed to be used, or intended for use to cause death or injury, or to threaten or intimidate. There are cases where odd objects have been found to be weapons, such as a phone or even an egg, while other objects like brass knuckles are automatically classified as weapons.
Recent reforms and court rulings have reduced or repealed many mandatory minimums; however, sentencing exposure remains serious, especially where aggravating factors are alleged.
Practice
Sanctuary Lawyers defends clients against a wide range of firearm and weapons-related offences, including:
Unauthorized possession involves having a firearm without the proper licence or registration. These cases often come up during vehicle stops, domestic calls, or police investigations.
This includes restricted or prohibited guns, such as handguns or automatic weapons. These cases often involve additional bail hurdles and sentencing exposure.
Improper storage, unsafe transportation, or careless use of a firearm can result in charges even if the firearm is legally owned.
This offence covers situations where an item is alleged to have been carried or used in a way that threatens public safety, regardless of whether the object is a firearm.
Charges may arise if a weapon is hidden on your person or in your vehicle without lawful authority.
Involves the sale, transfer, or movement of firearms or other weapons, including allegations at border crossings.
Covers allegations where a firearm is used while committing another offence, such as robbery or assault.
This charge applies when an alleged assault involves a firearm, knife, or other object used as a weapon.
Arises when someone already subject to a prohibition order is accused of possessing a firearm, ammunition, or other restricted weapon.
Our Difference
With over a decade of experience, our lawyers have defended both adults and youth in firearms and weapons cases. From restricted firearms to prohibited devices, we know how to challenge Crown evidence and build trial-ready strategies when needed.
Firearms allegations often trigger reverse-onus bail. We act quickly to prepare strong release plans that include sureties, supervision, and tailored conditions, and we appear in both regular and WASH court to secure release.
We examine every search, seizure, and detention for breaches of sections 8 and 9 of the Charter. Illegally obtained evidence can be excluded, significantly weakening the Crown’s case.
From our Aurora office, we regularly represent clients in Newmarket, Brampton, Toronto, Oshawa, Barrie, and surrounding courthouses. We understand how different Crown offices approach firearms cases and adapt our defence accordingly.
Facing firearms or weapons charges is overwhelming. We provide clear advice, consistent updates, and urgent responses for time-sensitive concerns so you are never left in the dark.
Step by Step
We begin with a confidential consultation to understand your situation, review the charges, and plan immediate next steps. For firearm offences, bail is often reverse-onus, which makes a strong release plan essential from the very start.
Our team carefully reviews police notes, warrant materials, forensic or ballistic reports, and any licensing records. We identify weaknesses in the Crown’s case and assess potential Charter breaches.
We determine the best approach for your case, whether that means negotiating for a withdrawal, pursuing Charter applications, or preparing for trial. For less serious allegations, we may explore diversion or non-custodial outcomes.
Where mandatory custody or serious allegations are involved, trial may be the only path. We prepare thoroughly, ensuring you have a trial-ready defence that challenges unlawful evidence and exposes gaps in the Crown’s case.
Firearm cases have ripple effects, from immigration issues to professional licensing or future record suspensions. We provide ongoing guidance so you understand and can manage the broader consequences of your case.
Transparent
Firearm and weapons cases often involve urgent bail hearings, expert evidence, and serious sentencing exposure. At Sanctuary Lawyers, we believe that clear, upfront fees are essential when the stakes are this high. That’s why we offer flexible and transparent fee options.
For most firearm and weapons charges, we provide a single block fee that covers your entire case—from bail hearings and disclosure review through resolution or trial. This ensures cost predictability with no hidden surprises.
Firearms charges often arise unexpectedly and require immediate representation. To make high-quality defence accessible, we provide structured payment plans tailored to client needs.
In some cases, you may only require assistance for a particular stage, such as a Bail Hearing, Charter application, or sentencing. We provide tailored retainers for these services, giving you support exactly where it’s needed.
Answers
Facing firearm charges can be confusing and stressful. Here are some of the most common questions our clients ask:
Not all. The mandatory minimum for possession of a loaded restricted firearm (s. 95) was struck down in R v Nur, and many other firearm mandatory minimums were repealed by Bill C-5. That said, jail is still a real possibility in serious cases, and sentencing remains strict when aggravating factors are present.
Normally, the Crown must show why you should be detained. With firearms allegations, the presumption is often against release, meaning you must prove why you should be released. A detailed release plan with sureties and conditions is essential.
Yes. Even with a valid licence, failing to store a firearm securely (for example, leaving it unlocked, loaded, or with accessible ammunition) can result in charges under s. 86 of the Criminal Code.
Warrantless searches may violate your Charter rights. If the court finds a breach of sections 8 or 9, that evidence may be excluded, which could lead to charges being reduced or withdrawn.
Very likely. Firearms charges often result in an immediate suspension of your PAL or RPAL. On conviction, courts typically impose a 10-year or lifetime weapons prohibition, and the Crown may seek forfeiture of seized firearms.
The Criminal Code defines a weapon as anything used, designed to be used, or intended to be used to cause death or injury, or to threaten or intimidate. Context matters: courts have ruled that ordinary items, such as a phone or even an egg, can be treated as weapons in certain circumstances. Other objects, such as brass knuckles, are automatically classified as weapons.
Contact Us
Charged with a firearms or weapons offence in Ontario? Time is critical. Many firearms cases involve reverse-onus bail and serious sentencing exposure, making early defence essential. Contact Sanctuary Lawyers today for a free consultation. We’re ready to protect your rights, secure your release, and build a trial-ready defence strategy from day one. At Sanctuary Lawyers, we don’t just defend cases—we protect futures.
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