Facing a gun charge in the Greater Toronto Area demands immediate strategic action. As firearms offence lawyers in Toronto, we move fast to protect your liberty, reputation, and future. We prepare for trial from day one, build leverage in negotiations, and challenge every step of the police investigation.
In general, restricted or prohibited firearms are the following types of guns:
- Handguns
- Handguns with a barrel length of less than 105 mm are prohibited
- Shotguns
- Automatic weapons
- Semi-automatic weapons
Firearm possession offences can also occur amongst otherwise law-abiding citizens. Such crimes can happen in the context of weapons not being registered for various reasons such as being inherited or improperly imported.
The past government introduced legislation to attempt to deter illegal firearm possession. If the Crown Attorney proceeds by indictment on an allegation of possessing a loaded firearm (restricted or prohibited), the minimum penalty is a three-year prison sentence. Many of these mandatory minimum sentencing regimes have been found unconstitutional. Adam Weisberg has successfully defended numerous firearm/weapon related possession charges and is ready to take on yours.
An experienced and dedicated criminal lawyer is necessary for any firearm or gun related possession allegation. You will need a criminal lawyer to determine and consider what is the best defence to be advanced at trial. The following are issues and potential defences that a criminal lawyer will have to consider in a firearm possession case:
- Whether or not the item meets the legal definition of a firearm?
- Is the firearm loaded or is there readily accessible ammunition?
- Is there a mistake with respect to licensing or registration of the firearm in question?
- Can the Crown prove possession of the alleged firearm (establish both knowledge and control)?
- If the Crown can prove possession are there Charter issues that could lead to the firearm being excluded from evidence?
Immediate steps after an arrest
The first steps matter. It is generally recommended that you:
• Invoke your right to silence and ask to speak to a criminal lawyer.
• Speak to a lawyer before deciding on whether to consent to any forms of search.
• Build a bail plan (sureties, address, work/school details).
• Keep all paperwork and release conditions.
If you or a family member is in custody, call 416-605-4811.
Common firearm charges we defend
Cases often involve multiple counts, including:
• Unauthorized possession and related paperwork issues
• Possession of a loaded restricted/prohibited firearm
• Possession knowing possession is unauthorized
• Carrying a concealed weapon
• Possession for a dangerous purpose
• Trafficking or transferring a firearm
• Pointing a firearm
Penalties and sentencing realities in Ontario
When the Crown proceeds by indictment for possessing a loaded restricted/prohibited firearm, the law has provided a three-year minimum. Many mandatory minimum sentencing regimes have been found unconstitutional, opening the door to individualized sentencing arguments.
As of the end of 2025, the government is proposing a new regime of mandatory minimums that are expected to come into force in 2026.
Defence strategy: how we fight firearm charges
Effective gun defence pressure-tests every element the Crown must prove:
• Legal definition: Does the item meet the Criminal Code definition of a firearm?
• Loaded or “readily accessible” ammunition: This can change sentencing exposure.
• Licensing/registration mistakes or inheritance issues: Paperwork context matters.
• Possession (knowledge + control): Shared homes or vehicles can defeat the Crown’s theory.
• Charter breaches: Unlawful stops, searches, or detentions can lead to exclusion of the gun.
The path through Toronto gun courts
From arrest to resolution, momentum matters:
• Bail: Strong plans of release improve outcomes.
• Disclosure review: Body-worn video, warrants, forensics.
• Crown & Judicial Pre-Trials: Frame legal issues early.
• Motions: Charter and evidentiary applications.
• Trial: Judge-alone or jury, based on strategy and available elections. This important decision will be made by the client with advice of counsel.
Results-driven advocacy backed by experience
Gun prosecutions attract intense scrutiny and carry lasting consequences, including long weapons prohibitions. We plan cases with that reality in mind—leveraging expert networks, targeted motions, and a clear trial strategy to put you in the strongest possible position.
Charged with a Firearm Offence? Contact Weisberg Law Today
If you or someone you care about is charged with a gun or firearm possession allegation, please contact us immediately.