Weapons and Firearm Offence Lawyers in British Columbia
British Columbia treats firearms offences seriously. The RCMP, municipal police forces, and the Combined Forces Special Enforcement Unit actively investigate gun-related offences, and the Crown routinely seeks custodial sentences, which can sometimes include mandatory minimums on conviction. If you are charged with a weapons offence, you need defence counsel familiar with both the Criminal Code firearms provisions and the federal Firearms Act licensing regime.
Weapons charges we defend
- Careless use or storage of a firearm (s. 86)
- Pointing a firearm (s. 87)
- Possession of a weapon for a dangerous purpose (s. 88)
- Carrying a concealed weapon (s. 90)
- Unauthorized possession of a firearm (s. 91)
- Possession of a firearm knowing its possession is unauthorized (s. 92)
- Possession at an unauthorized place (s. 93)
- Unauthorized possession in a motor vehicle (s. 94)
- Possession of a prohibited or restricted firearm with ammunition (s. 95)
- Possession of a weapon obtained by crime (s. 96)
- Weapons trafficking (s. 99) and importing/exporting (s. 103)
- Making an automatic firearm (s. 102)
- Use of a firearm in the commission of an offence (s. 85)
- Discharge of a firearm with intent (s. 244) and reckless discharge (s. 244.2)
- Possession of a restricted or prohibited device, over-capacity magazine, or prohibited ammunition
- Firearms Act licensing offences — false statements on a PAL application, license-holder violations, and unsafe-storage allegations
We also defend charges involving replica firearms, airguns, imitation firearms, crossbows, knives, and other weapons caught by the Criminal Code definitions.
Reverse-onus bail for firearm offences
Many firearm-related charges engage the reverse-onus bail provisions in s. 515(6) of the Criminal Code. That means the burden falls on you to show why your detention is not justified, rather than on the Crown to show why you should be detained. Building a credible release plan is essential, and the sooner counsel is retained, the stronger that plan will be. A release plan will include conditions which you will abide by while your criminal matter is ongoing. The release plan will most certainly include a no weapons or firearms condition as well as a condition for the police to seize any weapons or firearms and firearms licenses from you if they have not already.
Mandatory minimums — and why they matter less than they used to
For many years, firearm possession and use offences carried mandatory minimum sentences. Several of those minimums were struck down as unconstitutional by the Supreme Court of Canada (see R v Nur, 2015 SCC 15, and R v Lloyd, 2016 SCC 13), and Parliament repealed many of them in 2022 through Bill C-5. This means judges now have greater discretion in sentencing for a number of firearm offences. Whether a mandatory minimum applies in your case depends on the specific section charged and the date of the alleged offence. You should get legal advice on your exact situation.
Defences we commonly raise
- Unlawful search and seizure (s. 8 Charter). Firearms are almost always found through a search of a person, vehicle, or home. If that search was unlawful, the firearm may be excluded from evidence under s. 24(2), which typically ends the prosecution.
- Lack of knowledge and control. To “possess” a firearm under Canadian law, the Crown must prove knowledge and a measure of control. In shared residences, vehicles, and group situations, that is often hard to prove.
- Lawful possession and licensing. PAL and RPAL holders are sometimes charged where their authorizations in fact cover the conduct.
- Identification. In drive-by discharges and street incidents, identification is frequently contested.
- Innocent handling. Not every touching of a firearm is possession for criminal purposes.
Weapons prohibition orders
On conviction for many offences, including domestic assault , s. 109 or s. 110 of the Criminal Code requires or permits the court to impose a weapons prohibition. These orders can last 10 years, life, or somewhere in between, and they apply to firearms, ammunition, crossbows, explosives and any other weapons defined by the Criminal Code. We work with clients to minimize the scope and duration of these orders wherever possible, including by pursuing s. 113 “hunting and sustenance” exemptions where appropriate.
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Frequently Asked Questions
Some, but many fewer than there were a few years ago. In R v Nur, 2015 SCC 15 and R v Lloyd, 2016 SCC 13, the Supreme Court of Canada struck down several mandatory minimums as cruel and unusual. Parliament then repealed further minimums through Bill C-5 (in force November 2022). Certain offences, such as using a firearm in the commission of specific indictable offences, and some trafficking and importing offences, still carry mandatory minimums. Whether one applies in your case depends on the exact section charged and the alleged date of offence. Get specific legal advice.
Many firearms offences engage the reverse-onus bail provisions in s. 515(6) of the Criminal Code, meaning you have to show why your release is justified rather than the Crown showing why you should be detained. BC Crown counsel frequently oppose bail on firearms files. But release is achievable with a well-built plan which can include a surety, fixed address away from the co-accused or any firearms, no weapons or any other proposed conditions to ensure public safety. The time to start building that plan is the day of arrest.
Yes. Holding a Possession and Acquisition Licence only authorizes possession within the licence’s scope. Common prosecutions against PAL holders include: possessing a restricted firearm away from an authorized location without an Authorization to Transport, transporting a firearm in a manner contrary to the storage and transportation regulations, possessing an over-capacity magazine, and storage offences where firearms or ammunition were accessible. These charges are often defensible on the basis that the conduct was in fact authorized, but you need counsel to pull the licence file, the ATT, and the relevant regulations together.
To prove possession under Canadian criminal law, the Crown must prove knowledge and control. Mere proximity to a firearm is not possession. In shared vehicles, shared residences, and group situations, knowledge is often the Crown’s weakest element. These cases frequently result in acquittals or withdrawn charges where the defence can raise a reasonable doubt about who knew the firearm was there.
On conviction for many offences, not just firearms offences, s. 109
or s. 110 of the Criminal Code requires or permits the court to impose a prohibition on possessing firearms, ammunition, crossbows, and explosives. Section 109 orders are mandatory for specified offences and last a minimum of 10 years for a first offence and life for a subsequent offence. Section 110 orders are discretionary and can be shorter. If you rely on firearms for livelihood or sustenance, ask your lawyer about a s. 113 exemption. A court can authorize limited hunting and employment use.
These are federal classifications that determine licensing requirements and where and how you may lawfully possess a firearm. Non-restricted firearms include most hunting rifles and shotguns. Restricted firearms include most handguns and some long guns (e.g., AR-15 type rifles, before reclassification). Prohibited firearms include fully automatic weapons, most handguns with barrels 105 mm or shorter, sawed-off long guns, and a long list of specific makes and models. The 2020 Order in Council and subsequent amendments moved many rifles into the prohibited category. Classification matters enormously for sentencing and for what charges can be laid.
Yes. Most firearms offences are indictable, and indictable offences punishable by a maximum of 10 years or more trigger serious criminality under s. 36(1) of the Immigration and Refugee Protection Act. That means permanent residents can lose PR status and be deported, and foreign nationals can be removed. A conditional sentence order does not fix inadmissibility under current law. If you are not a Canadian citizen, tell your criminal defence lawyer immediately so that immigration consequences can be factored into every decision.
Yes, and these cases catch a lot of people by surprise. Under s. 84 of the Criminal Code, certain imitation firearms, replicas, and BB/airsoft devices can meet the definition of a firearm or prohibited device depending on muzzle velocity and appearance. Using a replica to commit an offence, for example in a robbery, is charged identically to using a real firearm for many purposes. Simple possession of a replica handgun that closely resembles a real one can also be a s. 90 or s. 91 offence. Treat replicas with the same caution as real firearms.
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