The Criminal Code recognizes that there are situations where individuals may have valid reasons for their actions when a firearms or weapons offence is committed. The Code provides for certain defences and exemptions that can be invoked under specific circumstances.

If you have been charged with a firearms or weapons related crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

Defences and exemptions to a firearms charge could include:

• Mistake of fact: This defence can be used when an individual genuinely believed in a set of facts that, if true, would exonerate them from the offence. For instance, someone might purchase a firearm believing it to be a non-restricted type when it is restricted. If they can prove their genuine belief, this defence might be applicable.

• Duress: If an individual committed a firearms offence because they were under threat of immediate harm or death, they might be able to use the defence of duress. However, this defence is not available if the threat was a result of the individual’s involvement in criminal activity.

• Necessity: This defence is invoked when an individual commits an offence out of an urgent and clear need to avoid greater harm. For example, if someone used a firearm to fend off a wild animal attack in a remote area, they might argue the necessity of their actions.

• Legitimate purpose exemption: The Code provides exemptions for individuals who possess firearms for legitimate purposes, such as sustenance hunting or protection from wildlife in remote areas. These individuals must still adhere to specific safety and storage regulations.

• Antique firearms: The Code provides exemptions for antique firearms, given that they meet certain age and functionality criteria. Owners of antique firearms are not required to have a Possession and Acquisition License (PAL), but there are still regulations on how these firearms can be used and displayed.

• Temporary borrowing: Under certain conditions, an individual without a PAL can temporarily borrow a non-restricted firearm for specific purposes, such as target shooting at an approved range or hunting, provided they are under the direct and immediate supervision of a licensed individual.

• Peace officers and military personnel: Certain provisions of the Code do not apply to peace officers or members of the Canadian Armed Forces when they are acting within the scope of their duties.

• Inherited firearms: Individuals who inherit firearms are given a grace period during which they must either obtain the appropriate license or transfer the firearm to a licensed individual.

For more information on specific firearms offences and their penalties under the Criminal Code, refer to other answers in this section.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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