In Canada, there is no ‘right to bear arms’. Canadian Criminal law has always treated gun and firearms offences very seriously. Due to recent changes to the Criminal Code, mandatory minimum jail sentences for many firearms offences have increased. If you are convicted of certain firearms offences, you could be facing a minimum three-year jail sentence, even as a first-time offender.
Gun and firearms provisions found in the Criminal Code can be complex and confusing, especially when intertwined with the Firearms Act and related regulations. Too easily, despite their best efforts, well-meaning gun owners can end up on the wrong side of a law or regulation.
Common firearms charges include:
- Careless use of a firearm (s. 86(1))
- Improper storage of a firearm (s.86(2))
- Pointing a firearm (s. 87)
- Possession of a firearm without proper licence and registration (s 91)
- Unauthorized possession of a firearm in a motor vehicle (s 94)
- Possession of a prohibited or restricted firearm (s 95)
- Break and enter / robbery to steal a firearm (s 98)
In addition to any criminal penalties (ie jail), if you are convicted of certain firearms offences, your guns will most likely be forfeited to the Government and you may be prohibited from ever owning a firearm again.
Even if you haven’t been charged with an offence, the Criminal Code allows the police in certain circumstances to ask a Judge or order a gun owner to surrender his guns if ‘it is not desirable in the interests of safety’ for the gun owner to keep his firearms.
The laws governing the possession, use and storage of guns are complex and the consequences of breaking these laws can be severe. In addition to mandatory jail, for some offences, a person convicted of many firearms offences will likely lose his firearms and be prohibited from owning guns again in the future. The stakes are high and choosing the right criminal defence lawyer to represent you is critical.
As a former prosecutor, with over 12 years of experience, and a solid track record of success you can trust Ms. Funk to use her experience and skill to mount a powerful defence on your behalf.
Serving Clients in Alberta, Saskatchewan, Manitoba & British Columbia
Ms. Funk practices in Calgary, but also represents clients throughout Alberta, such as Canmore, Banff, Brooks, Medicine Hat and Fort McMurray, as well as in Saskatchewan, Manitoba and British Columbia.