Firearm Offences
How can I get my firearms charges dropped?
In some circumstances due to the nature of the evidence against you, proceeding to trial may not be your best option because there is a high likelihood that you will be convicted. Yet even then, depending on the nature of your firearms offence, there is still a possibility that you can get your charges dropped without winning at trial. Specifically, if you have been ...
What are the best defences to a firearms charge?
The best defence to your firearms charge depends on the nature of the firearm that was used and on the particular circumstances of your case. However, some common defences that are available to those charged with Use Offences are: You were using your weapon in a manner that met the standard of care expected of you in the circumstances. Criminal liability in use offences ...
How can I get my gun back from the police?
How you get your gun back from the police will depend on whether it was seized for safety reasons, or whether it was seized because it was used in the commission of a criminal offence. When your firearm has been seized for safety reasons, the officer who seized it must make an application to the court within 30 days for an order for the ...
When can the police seize my gun?
If the police have reasonable and probable grounds to believe that an offence has been committed that involves a firearm, or that a firearm has been used in the commission of an offence, the police have the power to obtain a warrant to search for the weapon and seize it. In certain exigent circumstances, the police can conduct a warrantless search for a firearm. ...
What is a firearms offence?
You will be charged with a firearms offence when you fail to comply with the laws and regulations that govern the use of firearms set out in the Criminal Code and the Firearms Act. There are a range of firearms offences and penalties under the Firearms Act and the Criminal Code. Some of the most common firearms offences are: Use Offences: Use offences include ...
How are firearms regulated in Canada?
In Canada, unlike in the United States, there is no right to bear arms. Here, the use and ownership of firearms is heavily regulated by provincial and federal statutes and regulations, as well as municipal by-laws. If you contravene the laws and regulations that govern the use of firearms in Canada, you can be charged with a criminal offence or a non-criminal regulatory offence. In ...