Weapons charges cover a wide range, from a licensed owner who stored a rifle incorrectly to possession of a loaded handgun. The penalties and bail rules differ sharply across that range. This page explains the main firearms and weapons offences in the Criminal Code and the issues that decide these cases. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a firearms or weapons charge.
Two kinds of weapons charge
It helps to separate weapons charges into two groups. The first is regulatory in nature: a person who is otherwise allowed to own firearms is alleged to have broken a rule about licensing, registration, storage or transport. The second involves weapons that the person had no authority to possess at all, or weapons used or carried in connection with other offences. Both are criminal charges, but the Crown, the bail court and the sentencing judge treat them very differently.
The Criminal Code’s definition of “weapon” is broad. It includes anything used, designed to be used or intended for use in causing death or injury, or to threaten or intimidate (s 2). A firearm is always a weapon. A kitchen knife, a tool or a bat becomes one because of how it is used or why it is carried. Some items, such as automatic-opening knives, are prohibited weapons whatever the purpose (s 84).
Main offences and maximum penalties
- Careless use or storage of a firearm (s 86). Up to 2 years by indictment for a first offence, or summary conviction.
- Pointing a firearm (s 87). Up to 5 years by indictment, or summary conviction. It does not matter whether the firearm was loaded.
- Possession of a weapon for a dangerous purpose (s 88). Up to 10 years by indictment, or summary conviction.
- Carrying a concealed weapon (s 90). Up to 5 years by indictment, or summary conviction.
- Unauthorized possession of a firearm (s 91). Possession without the required licence or registration certificate. Up to 5 years by indictment, or summary conviction.
- Possession knowing it is unauthorized (s 92). Indictable only. Up to 10 years.
- Occupant of a vehicle knowing a firearm or prohibited weapon is present (s 94). Up to 10 years by indictment, or summary conviction.
- Loaded prohibited or restricted firearm, or one with readily accessible ammunition (s 95). Up to 14 years by indictment, or summary conviction.
- Possession of a weapon obtained by crime (s 96). Up to 14 years by indictment, or summary conviction.
- Using a firearm or imitation firearm in an indictable offence (s 85). Indictable only. Up to 14 years, served one after the other with the sentence for the main offence.
- Possession contrary to a prohibition order (s 117.01). Up to 10 years by indictment, or summary conviction.
Source: Criminal Code, RSC 1985, c C-46, ss 2, 84 to 96 and 117.01, as they read on 11 October 2026 (Justice Laws version current to 21 September 2026). Several of these sections were amended between 2022 and 2026, so penalties quoted in older material may be out of date.
Possession: knowledge and control
Most weapons cases are possession cases, and possession has the same legal meaning here as in drug cases. The Crown must prove that the accused knew the item was there and had a measure of control over it (s 4(3)). That is rarely simple where a firearm is found in a car with several occupants, in a shared apartment, or in a bag carried by someone else. The vehicle offence in section 94 requires proof that the occupant knew the firearm was in the vehicle, and it does not apply to a person who tried to leave, or did leave, on learning it was there.
How the firearm was found
As in drug cases, the lawfulness of the search is often the main issue. Firearms are typically found during a traffic stop, a search of a home under a warrant, or a search of a person on arrest. Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure, and section 9 protects against arbitrary detention. A defence lawyer examines why the police stopped or detained the person, whether a warrant was properly obtained and carried out, whether any search without a warrant fell within a recognized power, and whether the right to counsel was respected. If the court finds a breach, it may exclude the firearm from evidence under section 24(2). Courts take gun offences very seriously, and that is weighed in the balance, so these applications need careful preparation. See arrest, search warrants and your rights.
Bail in firearms cases
Many firearms charges place the onus on the accused at the bail hearing. The reverse onus applies to listed offences including section 95, to several violent offences alleged to have been committed with a firearm, and to any weapons offence alleged to have been committed while the accused was under a prohibition order (s 515(6)(a)(vi) to (viii)). A release order for a weapons-related charge must also include a condition prohibiting possession of firearms and other weapons unless the court finds it is not required (s 515(4.1)). A strong release plan, usually with one or more sureties, is essential. See bail hearings.
Weapons prohibition orders
A conviction or discharge for many offences leads to an order prohibiting the person from possessing firearms and other weapons.
- Mandatory order (s 109). Required for, among others, indictable offences involving violence with a maximum of ten years or more, violent offences against an intimate partner or family member, criminal harassment, drug trafficking and several firearms offences. On a first such offence the order lasts at least ten years for ordinary firearms and is for life for prohibited and restricted firearms. On a later offence it is for life.
- Discretionary order (s 110). For other offences involving violence or weapons, the court decides whether an order is desirable for safety. It can last up to ten years.
- Breaching an order (s 117.01). Possessing a firearm or other listed item while prohibited is a separate offence with a maximum of ten years.
A prohibition order affects hunters, sport shooters and people who need a firearm for work. Where an order is discretionary, or where the Code allows a limited exception for employment or sustenance, the issue should be raised at sentencing.
Licensed owners
A person who holds a firearms licence can still be charged, most often with careless storage or transport, with possessing a firearm after a licence has expired, or with having a restricted firearm somewhere the authorization does not cover. These cases usually turn on the exact storage and transport rules in the regulations under the Firearms Act, on what the officer actually observed, and on whether the entry into the home was lawful. A charge commonly leads to the seizure of all firearms and a review of the licence by the Chief Firearms Officer, so the criminal case and the licence need to be considered together.
First steps after a weapons charge
- Say nothing about the itemDo not discuss who owns it, where it came from or who handled it. Speak with a lawyer first.
- Follow the weapons condition exactlyIf you are released, surrender what the order requires, including licences, and stay away from any place where firearms are kept.
- Gather your documentsLicensed owners should collect their licence, registration certificates, authorizations and proof of how items were stored.
- Prepare for bailFamily members should be ready to discuss a release plan and sureties with the lawyer.
How Law Wise helps
- Preparing the release plan and appearing at the bail hearing.
- Reviewing the stop, the search and any warrant for Charter compliance.
- Testing the evidence of knowledge and control.
- For licensed owners, reviewing the regulations against what was actually found.
- Addressing the prohibition order and its effect on work and lawful activities.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about weapons charges
The gun was in a car with four people. How can it be mine?
The Crown must prove that you personally knew it was there and had some control over it, or that you were an occupant who knew it was in the vehicle. Presence alone is not enough. Fingerprints, DNA, seating position, messages and statements are the usual evidence on this point.
Is there a mandatory minimum sentence for possessing a loaded handgun?
As section 95 reads today, it sets a maximum of 14 years by indictment and no minimum. Sentences for this offence are still often significant. Minimum sentences remain for some other firearms offences, so the exact charge matters.
My licence expired and I still had my rifles. Have I committed a crime?
Possessing a firearm without a valid licence can be an offence under section 91. The circumstances matter, including how long ago the licence expired and what steps you took. Speak with a lawyer before you contact the police or the firearms office about it.
Is carrying a knife illegal?
It depends on the knife and the purpose. Some knives are prohibited weapons. An ordinary knife carried as a tool is lawful, but carrying any item for a purpose dangerous to the public peace, or carrying a weapon concealed, is an offence.
What does a weapons prohibition cover?
A prohibition order typically covers firearms, cross-bows, prohibited and restricted weapons, prohibited devices, firearm parts, ammunition and explosive substances. Possessing any of them while the order is in force is a separate offence.
Can I get my firearms back if the charge is withdrawn?
Not automatically. Seized firearms can be the subject of a separate court application or licence review. Ask your lawyer to deal with this as part of resolving the case.
Charged with a weapons or firearms offence?
Call as soon as possible, particularly where a bail hearing is pending. The first step is usually the release plan.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.