In general, restricted or prohibited firearms are the following types of guns:
- Handguns with a barrel length of less than 105 mm are prohibited
- 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?
If you or someone you care about is charged with a gun or firearm possession allegation, please contact us immediately.