Weapons and Firearms Offences
Weapons and firearms charges carry serious penalties. Understand the law and how a defence lawyer can help challenge the allegations. Our defence lawyers fight charges of possession, unsafe storage, and trafficking.
Weapons and firearms offences in Canada are governed by strict laws under the Criminal Code and Firearms Act, and even minor violations, whether due to misunderstanding, technical non-compliance, or regulatory mistakes can lead to serious consequences. Charges may involve allegations of unlawful possession, unsafe storage, trafficking, or use during the commission of another crime. Convictions can result in mandatory minimum sentences, long-term firearms prohibitions, criminal records, and imprisonment.
At Stern Shapray Criminal Lawyers, we have extensive experience defending individuals charged with a wide range of weapons and firearms offences. Whether you’re a lawful gun owner facing a regulatory breach or an individual accused of a serious indictable offence, we provide skilled, strategic, and rights-focused defence tailored to the circumstances of your case.
Illegal Possession of Weapons and Firearms Offences
Illegal possession charges often arise during unrelated investigations, traffic stops, or police checks. You can be charged even if the weapon was not brandished, used, or intended to cause harm.
Common allegations include:
- Possessing a firearm without a valid PAL or registration
- Unauthorized possession of restricted or prohibited weapons
- Carrying a concealed weapon without proper authorization
- Having a firearm in a motor vehicle contrary to transport laws
- Possession of a weapon contrary to court orders (e.g., bail or probation)
These charges can carry mandatory minimums, firearms bans, and significant consequences for immigration, employment, and travel. Our team evaluates the legality of the search and seizure, whether Charter rights were respected, and whether the Crown can prove knowledge, control, or intent.
Unsafe Storage & Transportation
Even lawful gun owners can face charges for improper storage or transportation of firearms. These charges often arise during unrelated incidents such as domestic calls or wellness checks, where firearms are discovered unsecured.
Typical scenarios include:
- Firearms left unsecured in a home or vehicle
- Ammunition stored improperly or too close to a firearm
- Transporting firearms without required casing or locks
We help clients understand their legal obligations, correct compliance issues, and build a defence that challenges unfair prosecutions or overreaching enforcement.
- The reliability of informants or undercover officers
- The legality of search warrants or surveillance
- The Crown’s ability to prove intent, knowledge, and control
Weapons & Firearms Trafficking
Trafficking is one of the most serious weapons-related offences and often involves complex investigations, including surveillance, wiretaps, or undercover operations.
You may be charged for:
- Selling, gifting, or transferring firearms without proper authorization
- Acting as a “straw purchaser” for others
- Transporting or distributing weapons for criminal organizations
- Importing or exporting firearms illegally
Prosecutors pursue these charges aggressively, often seeking lengthy custodial sentences. We challenge the admissibility of evidence, the reliability of informants or undercover agents, and the Crown’s ability to prove knowledge, intent, or control beyond a reasonable doubt.
Use of Weapons in the Commission of an Offence
Using or possessing a weapon during the commission of another crime such as robbery, assault, or drug trafficking can dramatically increase the seriousness of your case.
These cases often involve:
- Real or imitation firearms
- Knives, bear spray, or blunt instruments
- Allegations of threats, violence, or intimidation
Under Section 85 of the Criminal Code, even referencing or displaying a firearm can result in mandatory consecutive sentences, restricted bail eligibility, and harsher parole conditions.
We focus on the core issues: Was a weapon truly used or accessible? Was it real or a replica? Can the Crown prove its involvement in the alleged offence? Our team builds defences that raise reasonable doubt and highlight weaknesses in the prosecution’s case.
Facing weapons or firearms charges doesn’t mean you’re guilty, and it doesn’t mean your case is hopeless. Whether you’re dealing with a first-time possession charge or a complex trafficking investigation, Stern Shapray Criminal Lawyers will protect your rights and fight for the best possible outcome.
Frequently Asked Questions About Weapons & Firearms Offences in British Columbia
What are weapons and firearms offences under Canadian law?
Weapons and firearms offences include unauthorized possession of a firearm, carrying a concealed weapon, possession of a prohibited or restricted firearm, firearms trafficking, using a firearm during an offence, and careless storage. These charges are governed by the Criminal Code and the Firearms Act and are treated seriously by courts throughout British Columbia, including in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, and Fort St. John.
Do you need a licence to own a firearm in BC, and what are the penalties for illegal possession?
Yes. A valid Possession and Acquisition Licence (PAL) is required to legally own or acquire a firearm in BC and across Canada. Possessing a firearm without a valid licence is a criminal offence. Additional restrictions apply to restricted firearms such as handguns, and failure to comply with storage and transportation requirements can also result in criminal charges. Unauthorized possession of a prohibited or restricted firearm with ammunition carries mandatory minimum sentences of one to five years, depending on prior convictions and circumstances and courts in British Columbia treat firearms offences seriously, particularly where the firearm is loaded, where trafficking is alleged, or where the offence is connected to organized crime.
What is careless storage of a firearm in Canada?
Careless storage means failing to store, handle, transport, or display a firearm in a manner that is reasonably safe and in accordance with federal regulations. Even licensed owners can face this charge if their firearms are not properly secured. A conviction can result in a criminal record and the loss of your firearms licence and any registered weapons.
Can a firearm charge be defended in British Columbia, including when a firearm is found in a shared space?
Yes. Defences may include challenging whether the accused had knowledge of the firearm, disputing the lawfulness of the search that uncovered it, or negotiating a reduction where appropriate. Charter challenges to the search or seizure are common in firearms cases and can result in the exclusion of critical evidence. Where a firearm is found in a shared vehicle or home, finding the weapon does not automatically mean all occupants will be charged, the Crown must prove that you specifically had knowledge of and control over it. Constructive possession arguments in shared-space cases can be effectively challenged by demonstrating that others had access and that you had no knowledge of the weapon.
Do I need a lawyer for a weapons or firearms charge in BC?
Yes. Many weapons and firearms offences carry mandatory minimum sentences and can result in significant prison time and permanent loss of the right to possess firearms. If you are charged in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, or Fort St. John, or elsewhere in BC, speaking with a criminal lawyer immediately after being charged is essential. Contact Stern Shapray Criminal Lawyers for a free consultation.