Common weapons and firearms charges
- Careless storage, handling or transport of a firearm, often laid against licensed owners.
- Possession of a weapon for a dangerous purpose, which can apply to knives, bats and other objects.
- Carrying a concealed weapon.
- Possession of a prohibited weapon. Many people don't realize that pepper spray designed for use on people is a prohibited weapon in Canada.
- Unauthorized possession of a firearm, and possession of a loaded prohibited or restricted firearm, which are prosecuted very seriously.
Bail on firearms charges
Bail is often the hardest part of a firearms case. For many firearms offences the law puts the burden on the accused to show why they should be released, and federal bail law was tightened again in July 2026. A detailed release plan, with a strong surety and strict conditions, is usually essential.
Penalties
Penalties range widely. Careless storage by a licensed owner may be resolved without jail. Offences involving loaded handguns can lead to significant penitentiary sentences. In 2022, Parliament repealed some firearms mandatory minimum sentences, but minimums remain for certain offences involving restricted or prohibited firearms in more serious circumstances.
A conviction for many weapons offences also brings a weapons prohibition order, sometimes for 10 years or for life, which affects hunters, sport shooters and anyone whose job involves firearms.
How these cases are defended
- Was the stop, arrest or search lawful? Was a warrant properly obtained and executed?
- Did you know the weapon was there, and did you have control over it? This is often disputed when several people share a car or home.
- For licensed owners: was the firearm actually stored or transported in breach of the regulations?
- Is the object legally a "weapon" or a "prohibited weapon" at all?
If a Charter breach is proven, the weapon can be excluded as evidence, which often ends the case.
Immigration consequences
Many firearms offences carry maximum sentences of 10 years or more, which makes a conviction serious criminality for a permanent resident. We consider your status before any resolution is discussed.
Licences, authorizations and registration
Many firearms charges involve a licence problem rather than a violent act. For example, section 95(1) of the Criminal Code makes it an offence to possess a loaded prohibited or restricted firearm, or an unloaded one with readily accessible ammunition, without holding both an authorization or licence for that place and the registration certificate. Whether a firearm is non-restricted, restricted or prohibited, where it is kept and how it is stored all matter to which offence applies and what the penalty is.
Section 95 no longer carries a mandatory minimum prison term since the 2022 amendments, but it is still punishable by up to 14 years on indictment, so these are serious charges and bail can be difficult.
Mandatory minimums that remain
Parliament repealed some firearms minimums in 2022, but minimum sentences remain for some offences. Examples in the Criminal Code include firearms trafficking and possession for the purpose of trafficking (sections 99 and 100, which carry a three-year minimum for a first offence) and discharging a firearm with intent in certain circumstances, such as for the benefit of a criminal organization (section 244, which carries a five-year minimum for a first offence). Whether a minimum applies depends on the exact charge and the circumstances alleged, so it should be checked against the current Code for each case.
What a lawyer looks at in a weapons case
- How and why the police searched, and whether a warrant or another lawful basis existed.
- Whether the item is actually a firearm or prohibited device under the Criminal Code definitions.
- Whether you had a licence, and what the licence allowed.
- Knowledge and control: who had access to the place or vehicle where the item was found.
- Bail: where the law places a burden on the accused, the release plan matters, and a strong plan can address the risks the court looks at.
- Immigration: for non-citizens, many firearms offences carry a maximum of 10 years or more, which can be serious criminality.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Is it illegal to carry pepper spray for protection?
Pepper spray designed to be used on people is a prohibited weapon in Canada, and carrying it can lead to a charge. Bear spray carried for protection against people can also lead to charges.
I'm a licensed gun owner charged with careless storage. Will I lose my licence?
Your licence can be affected, and a conviction may bring a prohibition order. Careless storage cases can often be resolved in ways that protect your licence, depending on the facts.
Will I get bail on a gun charge?
It's possible, but many firearms charges require the accused to justify release. A well-prepared plan with a strong surety makes a real difference.
Are there mandatory minimum sentences for gun charges?
Some were repealed in 2022, but minimums remain for certain serious offences involving restricted or prohibited firearms. Your exposure depends on the exact charge and circumstances.
Do you take Legal Aid?
We consider Legal Aid Ontario certificates on a case-by-case basis.
Can we speak in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.