Weapons Offences

The fact that someone has a criminal record is not necessarily an automatic bar to obtaining a firearms licence. However, the existence of a criminal record is something that an individual may have to disclose and is a factor taken into consideration when applying for a Possession and Acquisition Licence (PAL). Applicants can expect scrutiny from the RCMP and may be asked follow-up questions or to provide further information about the offence(s).

In Canada, you generally cannot carry a weapon for the purpose of self-defence. If someone uses a gun for the purpose of protecting themselves or others and, as a result, is charged with an offence, such as aggravated assault or murder, they may raise self-defence where the legal requirements are met. However, self-defence applies to the particular offence where its requirements are established. Separate firearms possession offences may still apply depending on the circumstances, including whether the individual was licensed or authorized to possess the firearm.

There are many possible ways to defend against a weapons offence. Potential issues may include:

• The weapon may have been discovered as a result of an illegal search or detention and could be excluded from evidence at trial.
• There may be a lawful reason for possessing the object, such as self-defence.
• An individual may be carrying a “weapon,” such as a knife, for a legitimate purpose, like work.

Offences related to the possession of a firearm, such as possession of a firearm for a dangerous purpose, carrying a concealed firearm, or unauthorized possession of a restricted or prohibited firearm, can carry significant penalties, including imprisonment, depending on the specific offence and circumstances.

In Canada, firearms licensing and possession requirements depend on the type of firearm and the circumstances. If you do not have the required firearms licence or authorization and are found with a firearm, you may face criminal charges, including unauthorized possession or other firearm-related offences.

There are many different weapons offences contained within the Criminal Code. In Canada, it is illegal to carry a weapon for a dangerous purpose. Simply possessing a weapon in certain circumstances can be a criminal offence as well, such as carrying a concealed weapon in a public place.

The definition of a weapon is extremely broad and can include any object that is used to cause injury to a person. A weapon is any object that is used to either threaten or intimidate another individual. Many weapons are designated as restricted or prohibited by law. Being in unauthorized possession of a restricted or prohibited weapon can significantly increase the possible penalties associated with an offence.

What are the Classes of Firearms in Canada?

In Canada, there are three classes of firearms:

• Non-restricted;
• Restricted; and
• Prohibited.

Non-Restricted Firearms: Any rifles or shotguns that are neither prohibited nor restricted.

Restricted Firearms: Include:

Handguns that are not prohibited firearms.
Firearms that:

• Are not prohibited firearms;
• Have a barrel less than 470 mm in length;
• Are capable of discharging centre-fire ammunition in a semi-automatic manner.

Firearms designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping, or otherwise.
Firearms of any other kind prescribed to be restricted firearms in the Regulations.

Restricted firearms can be used for the purposes of target practice or target shooting, as part of a collection, or in connection with one’s lawful occupation in limited circumstances or to protect life.

Prohibited Firearms: Include:

Handguns with barrels equal to or less than 105 mm in length.
Handguns designed or adapted to discharge a 25 or 32 calibre cartridge:

• This does not include handguns for use in international sporting competitions governed by the applicable rules where the handgun is prescribed to be restricted.

Firearms adapted from a rifle or shotgun, whether by sawing, cutting, or any other alteration, and that, as so adapted, are:

• Less than 660 mm in length;
• 660 mm or greater in length and have a barrel less than 457 mm in length.

Automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger.
Firearms prescribed to be prohibited firearms in the Regulations.

The Criminal Code of Canada defines a weapon broadly as anything used, designed to be used, or intended to be used for the purpose of threatening or intimidating any person or causing death or injury to a person. One does not have to use a traditional weapon, such as a knife, to be charged with a weapons offence. For example, a photo frame, if used in the manner described above, could be considered a weapon.

Assault with a weapon does not have a mandatory minimum sentence. Depending on the facts, the court can impose a sentence that may include probation or, where legally available, a peace bond. Generally speaking, aggravating factors and the degree of harm can affect the sentence imposed.

Firearms can be seized by police in circumstances authorized by law, including where an individual is not properly licensed or authorized, where required documentation is not provided, or where police have lawful grounds to seize the firearm.

Police may also obtain a warrant where the legal requirements for a search warrant are met. In certain exigent circumstances, police may be permitted to seize firearms without first obtaining a warrant.

In Canada, there are three classes of firearms:

• Non-restricted;
• Restricted; and
• Prohibited.

Non-Restricted Firearms: Any rifles or shotguns that are neither prohibited nor restricted.

Restricted Firearms include:

• Handguns that are not prohibited firearms.
• Firearms that:
  • Are not prohibited firearms;
  • Have a barrel less than 470 mm in length;
  • Are capable of discharging centre-fire ammunition in a semi-automatic manner.
• Firearms designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping, or otherwise.
• Firearms of any other kind prescribed to be restricted firearms in the Regulations.

Restricted firearms can be used for the purposes of target practice or target shooting, as part of a collection, or in connection with one’s lawful occupation in limited circumstances or to protect life.

Prohibited Firearms include:

• Handguns with barrels equal to or less than 105 mm in length.
• Handguns designed or adapted to discharge a 25 or 32 calibre cartridge:
  • This does not include handguns for use in international sporting competitions governed by the applicable rules where the handgun is prescribed to be restricted.
• Firearms adapted from a rifle or shotgun, whether by sawing, cutting, or any other alteration, and that, as so adapted, are:
  • Less than 660 mm in length;
  • 660 mm or greater in length and have a barrel less than 457 mm in length.
• Automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger.
• Firearms prescribed to be prohibited firearms in the Regulations.