In 2016, a Calgary police officer was charged with firearm offences for purchasing a shotgun without an acquisition license and illegally storing it in his home. The weapon was found during a domestic incident involving the accused officer. He was charged under the Canadian Firearms Act and placed on administrative leave for seven days, during which a review was conducted to determine what would happen next. Recently, an 18-year-old Brampton man was stopped and investigated by the Ontario Provincial Police during an OPP RIDE check. Police found brass knuckles (a prohibited weapon in Canada) in his possession and charged him with a concealed weapon crime.
With increasing gun violence in Canada, the government has come up with strict regulations and policies to curb the crime rate. Depending on the type and severity of the firearm or weapons offence, the sentence can range from a conditional or absolute discharge to life in jail. Hence, it’s important to understand the legal aspects of weapons possession (and use) in Canada.
How Weapon Control Works in Canada
In Canada, the unregistered use, possession and trafficking of weapon(s) is a criminal offence carrying serious penalties. Anyone, who, “without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons” is deemed a criminal under the Canadian Criminal Code [86 (1)]. It’s illegal to possess a weapon for endangering the public safety or for the purpose of harming someone.
This area of law is quite complicated and requires a thorough understanding of constitutional matters. Here’s an overview of gun and weapon charges in Canada and how to handle them if you’re charged with one.
What Constitutes a ‘Weapon’?
The Criminal Code of Canada defines ‘weapon’ as anything intended to threaten someone, or to cause death or injury to a person. While some objects are weapons, like guns, others, such as a flower vase or coffee mug, can also be used as weapons, depending on circumstances. Any object that’s used to tie up an individual against their will may also be termed a ‘weapon’, within a certain context.
The Criminal Code categorizes “prohibited weapons” and “restricted weapons” as subclasses of “weapons.” Here’s a list of those additional items that have been classified as dangerous by the Canadian government.
- Pepper spray: a lachrymatory agent (a chemical compound) that irritates eyes to cause a burning sensation, pain and temporary blindness
- Tear gas, Mace or any other gas, liquid, spray or powder capable of injuring or immobilizing any person
- A knife with a blade that opens automatically by gravity, centrifugal force or hand pressure
- A crossbow or similar device designed or altered to be aimed and fired by the action of one or both hands
- Brass knuckles: a band of metal with one or more finger holes designed to fit over fingers
- Spiked wristband: a wristband with a spike or blade affixed to it
- Yaqua blowgun: a tube or pipe designed to shoot arrows or darts by the breath
- Kiyoga Baton or Steel Cobra: a device consisting of a manually triggered telescoping spring-loaded steel whip terminating in a heavy-calibre striking tip
- Nunchaku: hard, non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain
Classification of Firearms
Generic weapons, like guns, are further classified into three categories.
- Non-restricted: Ordinary shotguns and rifles commonly used for hunting
- Prohibited: Most .32 or .25 calibre handguns, and handguns with a barrel length of 105 mm or shorter. Fully automatic firearms, converted automatics, firearms with a sawed-off barrel, and some military rifles like the AK-47 are also prohibited.
- Restricted: Certain handguns and some semi-automatic long guns (not all of the latter are restricted or prohibited). Rifles that can be fired when telescoped or folded to shorter than 660 mm (26 in) are also restricted.
All these types of guns can be purchased and possessed legally (even the “restricted” and “prohibited” ones), but the requirements for ownership are extremely strict, as listed in the ‘Licensing and Permits’ section of Canada’s Firearms – Control Legislation and Policy.
Firearm Possession and Storage – When Is it a Crime?
Everyone needs a license to buy or own firearms or ammunition. While non-restricted firearms possession requires applicants to pass a series of safety tests, restricted or prohibited firearms require you to pass another set of tests.
- You cannot own a gun (firearm) in Canada, unless you are permitted to do so by a proper firearms licence.
- Your license is your authorization to own a firearm and to obtain ammunition.
- Your firearms licence must be valid (active) for as long as you possess your firearm(s). If you have an expired license and you’re still in possession of your firearm(s), you can be charged with a criminal offence.
- You must be a Canadian citizen and over 18 years of age to be eligible for the Possession and Acquisition License (PAL).
- Your license must be renewed every five years.
- Applicants must have passed the Canadian Firearms Safety Course.
For Non-Residents Aged 18 and Older
- Even non-residents can have authorized possession of firearm(s) in Canada, but they must make a non-resident firearms declaration. Once the declaration is confirmed by a customs officer, a temporary license is issued that’s valid up to 60 days.
- Non-resident applicants who have passed the Canadian Firearms Safety Course qualify for PAL application.
For Minors
- Licensed minors aged 12-17 years can borrow a non-restricted rifle or shotgun for permitted reasons like sport or hunting.
- A licensed and authorized adult is responsible for non-restricted weapon(s) possession by a minor.
- The minimum age limit is 12 years, but exemptions can be made for younger individuals who must hunt to sustain themselves and their families.
- Minors applying for licenses are required to pass the Canadian Firearms Safety Course.
- The license becomes void once the minor turns 18 and they must once again apply for PAL.
- It’s a criminal offence for a minor to be found in unauthorized possession of a firearm.
Restricted and prohibited firearms cannot be carried around (either openly or concealed), except in certain cases where someone needs these weapons for their job; even then, a license is needed. These high-risk weapons are meant to be kept at home and cannot be taken outside, except for very specific reasons, such as target practice or to work in the forest with dangerous wild animals.
Rules About Firearm Storage
- It’s mandatory to store non-restricted firearm(s) with a trigger or cable lock, or to keep them in a secluded (and bolted) room, compartment or box that’s difficult to break into.
- Restricted and prohibited firearms must be trigger/cable locked and kept in a safe room or container. It’s even better to lock them in a “vault, safe or room” that was made or renovated specially to store firearms.
- Automatic firearms must have any removable bolts removed.
- All guns (no matter their type) must be fully unloaded when stored or transported, and kept in a lockable compartment/container when left unattended in a vehicle.
Firearms Offences Include
- Careless use of a firearm
- Pointing a firearm
- Possession of a weapon for a dangerous purpose
- Carrying a concealed weapon
- Unauthorized possession of a firearm
- Improper storage of a firearm
- Possession of a weapon obtained by commission of offence
- Trafficking weapons
- Aggravated assault (using a weapon)
- Assault with a deadly weapon
- Robbery (along with weapons)
Penalties and Sentencing
Weapons or firearms offences carry different penalties, depending on the type and severity of the crime.
Penalties for non-severe crimes
- Careless gun storage or handling: between six months plus a $5,000 fine and two years jail time
- Pointing a firearm: six months plus a $5,000 fine to five years in prison
- Carrying a concealed weapon: six months and a $5,000 fine to five years in prison
Penalties for severe crimes
- Weapons for public danger: six months plus a $5,000 fine to 10 years in prison
- Known possession of unauthorized firearm(s): a minimum penalty of one year and a maximum penalty of 10 years in prison
- Possession of restricted firearm(s) with ammunition: between one year and a $5,000 fine to 10 years in prison
What to Do If You’re Charged with a Weapons or Firearms Offence
The rules and requirements surrounding weapons and firearms(s) licensing, storage and transportation are complex. If you or someone you know has been charged with a weapons offence in Canada, don’t make the mistake of assuming you’ll get through it by yourself. Only an experienced criminal defence lawyer can explain your rights, analyze your circumstances and put up a strategic defence in court. They can also assist in obtaining proper firearms licensing or permits.