Firearms Offences

CHARGED WITH A FIREARM / WEAPONS OFFENCE?
WE OFFER YOU PEACE OF MIND

Do not panic. Let us worry for you. We’ll work on your case. We’ll analyze all the evidence.  We’ll see where the Police or the Crown or the Court system has failed you and assert all the defences on your behalf. We know what needs to be done. We are not pushovers. We are not bullied by any situation. We don’t roll over to make a quick plea because our reputation is important to us. We’ll have your back every step of the way. We understand how to navigate this complex area of the law which is covered in both the Criminal Code of
Canada and the Firearms Act.  We are ready to jump in fast to your Defence.

WORRIED YOU MIGHT BE CHARGED?
WHY YOU SHOULD CALL US IF YOU WERE NOT CHARGED BUT WERE INVOLVED IN A CRIME OR BELIEVE YOU MIGHT BE CHARGED OR A WARRANT FOR YOUR ARREST?

Firstly, crimes involving guns and violence are among the highest priority for police departments and have a high clearance rate meaning crime solved and accused is arrested. Therefore, if you have been involved in any crime of this nature but have not yet been charged, contact us now before you are charged. It will result in a better outcome for you.

• We can help you line up any evidence you need to protect you before the police come knocking.
• You will have a lawyer and know who to call immediately.
• You will know what to do if and when the police come for you: – how to behave, what NOT to say and to exercise your right to
  silence, to refuse to speak to the police in any interview, and to
  insist upon your right to call your lawyer right away.
• We will be ready to bail you out as weapons and violent crimes
  are tough to obtain, so the more we are prepared in advance the better.

• We can also advise you of what to expect and determine what your level of responsibility was and give you advice that is worth its weight in gold.
• Everything you tell us is kept strictly confidential
• Calling us in advance could be the best decision you make in your life.
• If there is already a warrant for your arrest, it is inevitable you will be rounded up sooner or later so don’t delay – call us at Lawyer UP Canada.

FIREARMS SENTENCES ARE SERIOUS

Sentences for Firearms and Weapons offences range from severe to very severe.  Many carry minimum jail sentences.  The Supreme Court of Canada has struck down some minimum sentences in many types of offences including Firearms Offences.

We are aware of these cases and keep up to date on the latest developments in the law and pending cases that may strike down unconstitutional mandatory minimum sentences so that you do not have to suffer. We protect your constitutional right to not be subjected to cruel and unusual punishment.

OTHER SERIOUS CONSEQUENCES FOR WEAPONS OFFENCES:

• Lengthy jail terms in a federal penitentiary
• Difficulty in obtaining pre-trial release (Bail)
• Lengthy probation, restrictions on your freedom
• Mandatory minimum sentences apply for some weapon offences.
• A conviction carries with it not only a very serious criminal record,
• Difficult to travel, especially to the US and the UK.
• Risk of Deportation/ Removal from Canada
• Harm your employment prospects
• Prevent you from entering some Colleges and Universities
• Future Firearms restrictions

IMMIGRATION CONSEQUENCES:  WE’VE GOT YOU COVERED

We look after all our client’s needs, not just the Criminal aspects. Once any criminal charges are laid, such as weapons or firearm offences, the police will notify the Canadian Border Services Agency of this and CBSA who will then commence proceedings that can result in their investigation and removal/deportation proceedings.

We have extensive experience in Immigration matters, dealing with Canadian Immigration Officials and the Canadian Border Services Agency, and can deal with the  Federal Court for any form of Immigration matter whenever they commence proceedings against any of our valued clients.

We have successfully held CBSA from proceeding while the outcome of the Criminal Charges are not resolved.  We have brought successful applications and appeals to prevent deportations when orders were made for removal that were unjustified.

We always ask all clients in the first interview about immigration status so that we can prepare to guide the case so that no result occurs that puts them in the “danger zone” of being deported.

Generally, you face deportation/removal when you are charged with a “serious offence”. To qualify as a “Serious Offence” for immigration purposes:

• The actual sentence ordered by the court must result in at least six months in jail. Time spent in pretrial custody prior to conviction counts towards this total
• If the potential sentence is a maximum of 10 years in prison, then it qualifies as a serious crime regardless of whether the permanent resident convicted of the crime spends any time in jail or prison

When it comes to removal proceedings, Permanent Residents are treated differently than Refugees, Visitors and Foreign Nationals (those who are just visiting on work or school visas.  Protect yourself from these negative immigration consequences by hiring an experienced counsel that can handle both your immigration and criminal matters.

WE UNDERSTAND FIREARMS DEFENCES!

• CHARTER VIOLATIONS: Many Firearm and Weapons Charges fail and charges are withdrawn or dismissed because charges are due to the police violating the strict Search and Seizure laws in Canada including the Right of every Canadian pursuant to Section 8 of the Canadian Charter of Rights and Freedoms: which states that “Everyone has the right to be secure against unreasonable search or seizure”. Canadians have a constitutionally protected right to privacy and the state can only invade that privacy in prescribed circumstances.
• SEARCH WARRANT / WIRE TAP VIOLATIONS: Search Warrants have to be obtained pursuant to strict rules and exercised within their limits. Search warrants are sought by the police or persons connected with law enforcement  when they have “reasonable grounds to believe” someone is in possession of a weapon. They can then apply for a warrant to search an accused’s home or car or any storage place they suspect a weapon to be.
• The police provide information to a Justice of the Peace (JP) seeking to convince the JP to issue a Search Warrant or a Wiretap Authorization, and so forth.
• We can challenge the validity of what is called the ITO (Information to Obtain) the warrant. If we can show the police lied, exaggerated, or withheld relevant information we can have the Authorization quashed by a Judge and all evidence seized is then INADMISSIBLE in Court and the case falls apart. You walk free.
• We attack warrantless searches as well where citizens are searched without proper grounds to do so. These are some of the methods we do to win cases. We challenge and fight for your rights.
• DISPUTING POSSESSION: The Crown must prove you not only have actual possession but that you had knowledge of the weapon or firearm in your possession.  The typical case is a gun found in a car or home or hotel with many occupants or gunfire in the dark from a speeding car with many occupants. The Police will charge everyone in the vehicle or location.  In these cases the legal test is high for the Crown: they must prove not only that there was a gun found but that it was in an accused’s possession, and that they had knowledge that the gun was present. This must be proven beyond a reasonable doubt.  We hold the Crown to this high standard of proof.  We challenge the Possession in these cases.
• DISPUTING ITEM IS A “FIREARM” There are specified requirements to meet for an object to be considered as a firearm. For example, certain pellet guns for example can be found to be a firearm or not a firearm depending on their firing rate in feet per second. Firearms that are not operational can be challenged.
• IMPROPER SEARCH – The police will detain (in investigative detention) and conduct a pat down search to ensure their safety, when they reasonably suspect a person of an offence. We try to uncover any abuse of police powers and any breach of the client’s rights to be free from unreasonable or excessive searches and invasion of privacy, to be free from racial profiling, or improper searches or having no basis for a search whatsoever.
• CARELESS STORAGE – We understand the many defences to this charge:  including that (a) you actually did take reasonable care when storing your firearm but someone else moved the firearm from safe storage unknown to you; (b) you are not the person under whose control the firearm is and therefore not responsible for the safe storage of it; (c ) although you technically breached the  regulation, you otherwise did exercise reasonable care and due diligence in your efforts to follow  the law, (d) the firearm is not subject to any regulation (e) there is a defect in the charging information (f) there is a manufacturing defect (g) lack of mens rea (intention), (h) lack of actus reus (the physical act or omission involved in the crime (i) Charter defences;
• HAVING A LICENCE– Sometimes having a licence for a firearm can be a defence to some charges. Different licences are required for different types of firearms.  Ignorance of the law is no excuse. If you buy a firearm even from a neighbour, relative or cottager and intend to use it for hunting or or personal protection, or other innocent purpose, even as part of a collection, you must have a licence and the person you buy it from could be charged with any number of firearm offences.  We know the licencing rules and regulations.
• REASONABLE DOUBT – The Prosecution in every Firearms case must prove EVERY REQUIRED ELEMENT of the Charge is present and Prove each element Beyond a Reasonable Doubt. This standard of proof is very high, and closer to near certainty than it is in a civil proceeding. In some cases there is evidence on all the required elements, but if we convince the Court that evidence is not present beyond a reasonable doubt on any one element that would be sufficient for an acquittal. Even if you were charged and not believed credible on any evidence you gave, the Court is still required to have the Crown prove the elements beyond a reasonable doubt.  We insist upon this high standard.

WE HANDLE TOUGH BAILS IN WEAPONS CASES

Any time a person is arrested and a weapon or firearm is involved whether it was used or not, the accused will face a tough time at a Bail Hearing.  Normally, in a Bail Hearing, the Prosecutor has to show why an accused should be detained.   But in firearm/weapon cases the accused faces a “REVERSE ONUS” situation meaning they have to demonstrate why they should be released on bail.  Even for first time offenders.

WE HAVE THE EXPERIENCE in these tough bail hearings to get you released with conditions.  We don’t wing it.  We come in prepared to negotiate successfully, prepared to fight and prepared to win.

Our secret is that we know how to put together strong arguments supported by the law, the facts, and a Strong BaIl Plan including well screened sureties. See our Results section for a sample of our Firearm Bail successes.

GENERAL FIREARM OFFENCES

There are 3 general types of Firearms/Weapons offences: Possession Offences, Use Offences, and Sale/Trafficking Offences.

1. FIREARM POSSESSION OFFENCES – these are serious but generally less serious than the use offences. Examples:

2. FIREARM USE OFFENCES – these are the most serious and carry the highest penalties. Examples:

3. FIREARM SALE/TRAFFICKING OFFENCES – these are very serious and include: Trafficking and Importing/ Straw purchasing

WHAT IS STRAW PURCHASING?

Straw purchasing is when a firearm licence-holder legally buys a gun and then illegally resells it on the black market. This kind of  activity is illegal and represents a greater number of illegal guns reaching the criminal market than gun smuggling / illegal importing and there is an increase in review happening in this area at this time to crack down. If you have been involved in this and the weapon is found in someone else’s possession or is involved in a crime you could be Criminally Charged under any one of three provisions: Section 99 of the Criminal Code for “Weapons trafficking,” or Section 100 for “Possession for purpose of weapons trafficking,” or Section 101 for “Transfer without authority.” If you are thinking of doing this to make extra money now you know you risk a lengthy jail sentence!

WHAT IS THE FIREARMS ACT?

This is federal legislation governing Requirements for licensing, transport, storage, display, shooting and more.

See: https://laws.justice.gc.ca/eng/acts/F-11.6/
And  https://www.rcmp-grc.gc.ca/en/firearms/registration

Most Firearms / Weapons offences will fall under either the Criminal Code or the Firearms Act

WHAT IS A “WEAPON”?

There are Prohibited, Restricted and Non-Restricted Weapons in Canada as specified in the legislation.  In addition there is a general definition of a Weapon which is any tool or instrument that  is “used, designed to be used or intended for use in causing death, or injury to any person or for the purpose of threatening or intimidating any person”.  Easy examples include knives, clubs, knuckle bracelets and so forth.

There are many objects and items that are ordinary items such as household knives, camping axes, fishing knives, construction tools such as crow bars and pry bars and hammers that are not normally considered as weapons.

When a person deliberately uses any of these items in an assault to cause death or harm, or to threaten or intimidate someone else, then the object will be considered a weapon.

Examples of ordinary objects that can be considered weapons and causing assault with a weapon:

• Throwing a cell phone or hot coffee on someone could be considered a weapon just an assault depending on the circumstances
• Driving a car deliberately at someone and injuring them would be considered assault with a weapon
• In one case a husband struck his wife in a rage with a BBQ and was charged with Aggravated Assault with a weapon
• When an owner deliberately sets their dog to attack a person, the dog becomes a weapon.

Once a weapon is involved in any incident of death, assault, intimidation or threatening, the penalties for the charge are far more serious for the accused.

FIREARM LICENCING & REGISTRATION

A firearms licence shows that the licence holder can possess and use firearms otherwise you will be charged Criminally. It goes without saying that you must have a registration certificate for the more serious class of restricted and prohibited firearms.

A registration certificate identifies a firearm and links the firearm to its owner.

If a peace officer finds that you have a firearm without a valid licence, you risk penalties. To reduce that risk, you should apply for a licence as quickly as possible.

The Possession and Acquisition Licence (PAL) is the only licence currently available to new applicants. It is renewable every five years. As a general rule, applicants must have passed the Canadian Firearms Safety Course.

When renewing a PAL with the same privileges, you do not need to resend your training information. But if you want a licence with new or different privileges, you must prove that you have successfully completed the proper training for that type of licence.