Ottawa Firearm Charges Lawyer

Firearm offences may also relate to the improper storage, handling or use of firearms by fully licensed gun owners.

Strict bail conditions, mandatory prison sentences, hefty fines, and life-altering consequences from a criminal record can result from a conviction. It is essential, therefore, for anyone accused of a firearm offence (and/or other related criminal offences) to seek experienced legal help as soon as possible after being arrested.

The firearm offence lawyers at David Anber’s Law Office in Ottawa can help you avoid severe penalties, starting with a free consultation to discuss your case and outline your legal options.

What are prohibited firearms in Ottawa?

The firearm laws are outlined in the Criminal Code of Canada and the Firearms Act, which covers a wider range of prohibited and restricted weapons.

Under the Criminal Code of Canada, prohibited firearms are:

• Handguns with a barrel “equal to or less than 105mm in length”, or designed to utilize .25 or .32 calibre ammunition.

• Any firearm which is a rifle or a shotgun less than 660mm in length or with a barrel less than 457mm in length.

• Any automatic firearm that has not been “altered to discharge only one projectile with one pressure of the trigger”.

Check this list for a more complete rundown of prohibited firearms in Canada.

The laws around regulated and prohibited weapons are complex and have been updated in recent years. Misunderstandings from both the public and law enforcement are common.

What are the main types of firearm charges we defend?

Ontario has many lawful gun owners, but firearm ownership laws here are far stricter than in the U.S.

Unless you are a police officer or a member of another exempt category, it is illegal to possess, use, store, transport, traffic or handle prohibited firearms and other prohibited weapons.

Sometimes, firearm charges are filed as standalone criminal charges. Alternatively, they may be tied to other offences, such as armed robbery. These charges may be hybrid offences, which can be prosecuted as summary or indictable offences, but other offences are straight indictable.

Either way, the severe consequences of a conviction, including considerable jail time, should not be underestimated. Typically, in Ottawa, we defend the following types of firearm charges…

• • Unauthorized possession of a firearm: a common offence where an individual is found with a firearm without a valid Possession and Acquisition Licence (PAL) and registration certificate (if restricted).
  • Carrying a concealed weapon without authorization: where an individual is found to be carrying a weapon without a permit, usually during a stop or search by law enforcement.
  • Possession of a restricted or prohibited firearm: a more serious crime that can be prosecuted as an indictable offence.
  • Possessing a firearm in a vehicle without authorization: where a firearm is not properly secured or is loaded while being transported in a vehicle.

• Possession of a weapon obtained by crime: This usually refers to the possession of weapons that were stolen during criminal activity.

• Use of a firearm in the commission of an offence: this applies if a firearm is used during a robbery, assault, break and enter, etc., even if no one is injured.
• Illegal use of a firearm: this offence includes pointing a firearm or using a firearm in a careless or threatening manner (even if it is not loaded).
• Firearm trafficking: this refers to transferring or delivering a firearm, weapon or ammunition to someone who is not legally permitted to possess it.
• Unsafe storage of a firearm: where there is a risk of unauthorized access or accidental discharge of a firearm due to poor safety while storing it.

Penalties and legal consequences

Firearms convictions almost always result in serious consequences because judges tend to err on the side of the risk to public safety and are not known for leniency in such cases. Even “non-severe” firearms offences may result in a short period in jail.

If your case is treated as a hybrid offence, you can be charged summarily or indicted, usually depending on the perceived risks posed to public safety.

A guilty verdict for “non-severe” firearm offences, even for a first offender, could lead to six months to five years in jail or federal prison and a $5,000 fine. More serious offences could result in 2-3 years up to 10 years in federal prison. Repeat offenders will usually receive longer sentences than first-time offenders.

Some offences attract mandatory minimum sentences, including the following:

• Use of a firearm in the commission of an offence: mandatory minimum of one year in prison (up to 14 years).
• Possession of a loaded prohibited or restricted firearm: mandatory minimum of one year in prison (if linked to organized crime or for a dangerous purpose) and up to 10 years.
• Reckless discharge of a firearm: mandatory minimum of four years in prison (up to 14 years).

Among the longer-term consequences of a criminal record from a firearm conviction are issues when seeking employment, restrictions on travel, an impact on one’s immigration status, and a lifetime firearm prohibition.

Defences to firearm charges

Firearm offence cases can be complex and technical. A seasoned criminal defence lawyer with experience in such cases can usually build a defence based on one of the following:

• Challenging illegal search and seizure of evidence (Charter violations)
• Lack of knowledge or control over the firearm
• Errors in firearm classification or licensing

In weak cases, experienced defence lawyers can quickly have charges dismissed due to a lack of evidence or an unlawful search and seizure, rendering key evidence inadmissible. Alternatively, they will negotiate for reduced charges or alternative sentencing, such as a conditional discharge. If the case proceeds to trial, your lawyer will advocate for an acquittal.

At each stage of the process, your defence lawyer will protect your rights and provide the best possible chance of avoiding the harsh consequences of a conviction.

David Anber’s Law Office has comprehensive knowledge of Canadian firearms laws and has represented many individuals charged with firearm offences in Ottawa.To schedule a free consultation and speak with an experienced lawyer, call us toll-free at 1-888-989-3946 or contact us online.