Firearms and Weapons Offences Lawyer Ottawa

Section 91 of the Criminal Code makes it an offence to possess a firearm without a valid Possession and Acquisition Licence (PAL). Where the firearm is restricted or prohibited, a registration certificate is also required. Section 92 makes it a more serious indictable offence to possess a firearm knowing you lack the required licence or registration certificate.

Unauthorized possession is a hybrid offence; the Crown may elect summary or indictable procedure. A conviction carries a criminal record, potential imprisonment, and a firearms prohibition from possessing firearms in the future.

Section 95 of the Criminal Code governs the possession of prohibited or restricted firearms with ammunition or a loaded magazine. Possession of a prohibited or a restricted firearm is a straight indictable offence carrying mandatory minimum sentences and a maximum of 10 years imprisonment. These charges most commonly arise when a handgun or other prohibited firearm is found during a search.

Section 86 of the Criminal Code creates the offence of unsafe storage or careless use, handling, carrying, shipping, or transportation of a firearm. This provision captures both deliberate misuse and inadvertent failures to comply with the detailed storage and transportation requirements set out under the Firearms Act.

A section 86 conviction results in a criminal record, confiscation of your firearms, and a prohibition from possessing firearms. For many law-abiding gun owners, a section 86 charge comes as a genuine shock, as they believed they were complying with the rules. Understanding exactly what went wrong, and whether the charge can be defended on technical or Charter grounds, is the first step in building a defence.

Section 85 of the Criminal Code makes it a separate criminal offence to use or point a firearm while committing or attempting to commit an indictable offence, whether or not the firearm is loaded or discharged. This charge is a straight indictable offence carrying mandatory minimum sentences and is prosecuted alongside the underlying offence. The mandatory minimum is served consecutively, adding to any sentence for the underlying charge.

Section 99 of the Criminal Code governs firearms trafficking: transferring a firearm to someone not entitled to possess it. Trafficking is a straight indictable offence carrying a mandatory minimum and a maximum of 10 years.

The majority of firearms charges in Ottawa arise from searches of a vehicle, a residence, or a person. Section 8 of the Charter protects everyone from unreasonable search and seizure.

Where a search was conducted without a valid warrant, without valid consent, or in a manner that violated the accused's rights, a Charter application can result in evidence exclusion. Without the firearm as evidence, the firearms charge cannot stand.

The Crown must also prove proof of possession: that the accused had knowledge and control of the firearm. Where knowledge is genuinely in dispute (shared spaces, borrowed vehicles, items left by others), the possession element may fail.

Where the charge turns on whether the accused held a valid PAL or registration certificate, the licensing history is the foundation of the defence. A PAL that was valid at the time of possession, a non-restricted firearm that was grandfathered under a prior classification, or a registration certificate that was in force even if not physically present can establish a complete defence to an unauthorized possession charge.

Careless storage charges also frequently yield licensing defences where the storage method was only marginally non-compliant.

The most common scenario for firearms charges Ottawa courts see is a drug investigation: a search of a vehicle or residence that produces both controlled substances and a firearm. The presence of a firearm alongside drug charges in Ottawa significantly increases the Crown's sentencing position, triggers reverse onus at bail, and often produces a section 85 charge alongside the primary drug charge.

Mash Frouhar, a former Crown Attorney, understands how prosecutors approach these compound files.