Offences and penalties relating to firearms and illegal weapons in Canada are found in Part III of the Criminal Code.

Under Part III of the Code, offences are listed under the following categories:

• Use offences;
• Possession offences;
• Trafficking offences;
• Assembling offences;
• Export and Import offences; and
• Offences relating to relating to Lost, Destroyed or Defaced Weapons, etc.

A few of the more common firearms offences are:

• Unauthorized possession of a firearm (Section 91) mandates that possessing a firearm without a valid Firearm Possession and Acquisition Licence (PAL) is an offence.

• Careless use of a firearm (Section 86) criminalizes acts where firearms are used, carried, handled, shipped, transported, or stored carelessly or without the necessary precautions to ensure the safety of others.

• Possession of a weapon for a dangerous purpose (Section 88): this provision extends to any weapon possessed with an intent that threatens public peace.

• Carrying concealed weapon (Section 90) criminalizes the act of carrying a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

• Unauthorized import or export (Section 103): this section criminalizes the act of importing or exporting firearms without the requisite permissions.

• Trafficking in firearms (Section 99): Under this provision, any act of selling, transferring, transporting, sending, or delivering firearms to unauthorized individuals is labeled as trafficking.

What are the consequences of a firearms offence?

There are many consequences to committing firearms offences in Canada on addition to legal penalties. Consequences include:

Legal penalties: The legal penalties for firearms offences can range from fines to imprisonment. The severity of the penalty often depends on the nature of the offence, the type of firearm involved, and the offender’s criminal history. For instance, trafficking firearms can lead to a maximum of life imprisonment, while unauthorized possession might result in a shorter jail term or fines.

Criminal record: Being convicted of a firearms offence will result in a criminal record, which can have long-lasting implications. A criminal record can hinder employment opportunities, as many employers conduct background checks. It can also affect one’s ability to travel internationally, as many countries have restrictions on admitting individuals with criminal histories.

Loss of firearms licence: Conviction for a firearms-related offence will likely result in the revocation of the offender’s Possession and Acquisition Licence (PAL). This means the individual will no longer be legally allowed to possess or acquire firearms in Canada.

Economic consequences: These can include legal fees, court fees, and fines as well as loss of income if a conviction leads to jail time, or loss of employment.

Restrictions on future activities: Beyond the immediate legal penalties, individuals convicted of firearms offences might face restrictions on future activities. This can include limitations on where they can live (e.g., away from schools or other sensitive areas) or the types of jobs they can hold.

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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