Firearms and Weapons Offences

Firearms offences are viewed more seriously by Courts in Canada than other weapons like knives, for instance. Typical firearms charges are set out below, and will often be associated with other types of charges (listed below):

  • Possession of a Firearm
  • Possession of a Firearm with Ammunition
  • Improper Storage of a Firearm
  • Possession of an Unregistered or Unlicensed Firearm
  • Improper Storage of a Firearm
  • Possession of a Weapon for a Dangerous Purpose
  • Carrying a Concealed Weapon
  • Possession of a Concealed Weapon
  • Possession of a Restricted Weapon

Do I Have a Defence?
In many cases, a firearm seized by police is found in a location where more than one person may have access to it, such as a house or a vehicle. The investigation may be based on a mere hunch, a police informant, or even a traffic stop that may lead to the issuance of a search warrant. Like all cases, the defence strategy will be to put the actions of the police under the microscope to uncover any Charter violations that may result in the exclusion of the evidence seized. In most firearms cases, the Charter of Rights and Freedoms plays a pivotal role, and our defence team has the experience and the knowledge to identify all issues, including those that include police not following proper procedure in following proper procedure in these cases.

These cases are very similar to drug prosecutions including police techniques in the execution of search warrants and informants. These charges are very serious, and can carry a minimum period of incarceration of 3 years for those charges relating to the possession of a prohibited firearm or a restricted firearm and loaded firearms.




Selected Cases

Firearms and Weapons Offences

After an extensive police investigation involving numerous wiretaps, C.D. and a co-accused were charged with discharging a firearm with the intent to wound, maim or disfigure in relation to a drive-by shooting. The matter was set for a multi-week trial before a jury in the Court of Queen’s Bench of Alberta. Prior to trial, Mr. McKay and Ms. Ferg had numerous meetings and discussions with Crown counsel. The matter was stayed the last business day before the trial was set to commence.

Ian McKay, Heather Ferg
Crimes of Violence & Domestic Assault, Firearms and Weapons Offences

The client was charged with possessing a firearm and threatening the complainant with it, carrying with a very serious allegation. In the days leading up to trial, McKay Criminal Defence was able to point to significant frailties in the Crown’s case that resulted in all weapons charges being withdrawn.