Saggi Law Firm — Criminal Defence
Facing a firearm or weapons charge in Toronto can have serious consequences for your freedom, employment, reputation, travel, and future. Firearms and weapons offences can include unauthorized possession, possession of a prohibited or restricted firearm, possession of a weapon for a dangerous purpose, carrying a concealed weapon, or allegations involving the use of a firearm during another criminal offence. Saggi Law Firm provides criminal defence representation for individuals facing these allegations.
If you are facing a firearm charge, obtaining legal advice early can help you understand the allegation, evidence, and available defence options.
Understanding the Offence
Firearms and weapons offences are addressed primarily under Part III of the Criminal Code of Canada, together with requirements under the Firearms Act and related regulations. Section 91 addresses unauthorized possession of a prohibited, restricted, or non-restricted firearm where the person does not hold the required licence and, for prohibited or restricted firearms, the required registration certificate. Section 91 also addresses unauthorized possession of certain prohibited or restricted weapons and devices.
Other provisions address different types of firearm offences. For example, section 92 concerns possession of a firearm while knowing that possession is unauthorized, while section 95 deals with possession of a loaded prohibited or restricted firearm, or an unloaded one together with readily accessible ammunition, without the required authorization or licence and registration. The Criminal Code also contains offences involving dangerous-purpose possession, concealed weapons, use of a firearm during an offence, and other firearm-related conduct.
Firearms and Weapons Allegations
A firearm offence allegation can arise from many different circumstances. Police investigations may involve a firearm found in a residence, vehicle, storage location, backpack, or another area allegedly connected to an accused person. Other cases may involve a prohibited weapon, restricted weapon, imitation firearm, ammunition, or allegations that a firearm was used or possessed in connection with another criminal offence.
The evidence can include photographs, police observations, forensic evidence, fingerprints, DNA, surveillance footage, witness statements, search-warrant materials, firearm classification information, licence and registration records, digital communications, and other investigative evidence. The legal issues can differ substantially depending on whether the allegation involves possession, knowledge, authorization, location, use, concealment, or the alleged purpose for which a weapon was possessed.
A firearms and weapons defence requires careful analysis of the charge, the circumstances surrounding the investigation, and the evidence relied upon by the Crown. Saggi Law Firm can review the disclosure and identify factual, evidentiary, procedural, and constitutional issues relevant to the case.
Defence Approach
Many firearm charges arise after police search a person, vehicle, residence, or other location. Defence counsel can examine the legal authority for the search, the circumstances leading to it, the scope of the search, and the manner in which evidence was seized. Where applicable, Charter issues concerning unreasonable search or seizure may become an important part of the defence.
Possession can be a central issue in a firearm or weapons case. Simply finding a firearm in a location does not necessarily resolve every legal question about who possessed it or who knew about it. Depending on the charge, counsel can examine evidence concerning control, knowledge, access, ownership, location, and the circumstances in which the firearm or weapon was discovered.
Firearms law distinguishes between different categories of firearms and weapons. The legal classification of an item, the accused person's licensing status, registration requirements, authorization, and location of possession can all be relevant. Defence counsel can examine the applicable records and evidence rather than assuming that the prosecution's characterization resolves the legal issues.
The Crown must prove the required elements of the offence beyond a reasonable doubt. A defence may therefore involve examining police testimony, forensic evidence, witness accounts, photographs, digital evidence, expert evidence, and other disclosure. Depending on the circumstances, appropriate challenges may be raised through cross-examination, applications, negotiations, or trial proceedings.
“A direct 24/7 line, personal attention, and a strategy built around your case — not a template.”
— Mandeep SaggiBuilding the Defence
An effective defence strategy should be based on the specific firearm or weapon allegation and the evidence supporting it. The applicable Criminal Code provision, the nature of the item, possession circumstances, police conduct, authorization, and surrounding evidence can all affect the legal approach.
Meet the Lawyer
Your legal matter deserves personal attention from a qualified legal professional. Mandeep Saggi represents clients through Saggi Law Firm in serious criminal matters and provides focused criminal defence representation.
Barrister & Solicitor
Criminal Defence Lawyer
Strategy. Advocacy. Experience.
“Since 2013, Mandeep Saggi has built a reputation as a criminal defence lawyer in Brampton who vigorously fights for his clients' rights.”
He has successfully defended clients against criminal cases in the Ontario Court of Justice and the Superior Court of Justice, and makes daily appearances at the Brampton Courthouse.
Mandeep has been involved in high-profile criminal cases and represents clients in matters ranging from smaller-scale to complex criminal charges. Known for speedy responses, he keeps a direct line available 24/7.
Law Society of Ontario — 2013
University of Leicester, UK — 2009
York University — 2007
Toronto criminal law firm
English, Portuguese, Spanish, Punjabi, Hindi, Urdu
Protect Your Rights
A firearm or weapons charge can expose an accused person to significant criminal consequences. Depending on the offence, the case may involve allegations concerning a prohibited firearm, restricted firearm, weapon, ammunition, dangerous-purpose possession, unauthorized possession, concealment, or use of a firearm during another offence. Early legal advice can help you understand the precise allegation and your obligations.
Our criminal defence lawyer can assist with matters such as:
After You Are Charged
After being charged with a firearm or weapons offence, you may be released with conditions or required to attend a bail hearing, depending on the circumstances. Conditions can affect where you live, who you may contact, what property you may possess, and other aspects of your daily life. It is important to understand and comply with every condition imposed by the court.
The case generally proceeds through court appearances, disclosure, legal review, and decisions about how the matter should proceed. Disclosure may include police notes, photographs, search-warrant materials, forensic evidence, witness statements, firearm records, surveillance, and other information. A criminal defence lawyer can examine this material and identify issues that may affect the prosecution's case.
Speaking with a firearms lawyer promptly can help you understand the exact Criminal Code charge and the evidence supporting it. Early representation can also allow counsel to review search materials, preserve relevant information, assess licensing or registration records, and identify potential Charter issues before the case progresses.
Firearm cases can involve technical evidence and detailed legal requirements. The classification of the firearm or weapon, possession circumstances, authorization, location, ammunition, police investigation, and alleged purpose can all affect the case. An experienced defence lawyer can assess these issues together rather than considering the charge in isolation.
Why Early Legal Representation Matters
A firearm conviction can have consequences extending beyond the immediate court proceeding. Depending on the offence and sentence, an accused person may face imprisonment, a criminal record, restrictions concerning firearm possession, employment consequences, travel issues, and other practical difficulties.
The Criminal Code provides different maximum penalties for different offences. For example, unauthorized possession under section 91 can be prosecuted by indictment with imprisonment of up to five years, while section 92 provides for an indictable offence punishable by up to 10 years. Section 95 provides a maximum of 14 years for the indictable offence described there.
Not every weapons case raises the same legal questions. A possession charge involving a firearm discovered in a vehicle may require a different analysis from an allegation involving a prohibited firearm, ammunition, a concealed weapon, or an alleged use of a firearm during another offence.
An experienced firearms and weapons lawyer can review the disclosure and circumstances before determining which issues deserve attention. This individualized approach helps ensure that the defence strategy responds to the actual allegations and evidence in the case.
Criminal Justice Process
A firearm or weapons case can begin with a police investigation, traffic stop, search, arrest, seizure, or execution of a search warrant. In some cases, police may investigate an alleged criminal offence and subsequently discover a firearm or weapon. In others, the firearm itself may be the central focus of the investigation.
Disclosure is an important part of criminal defence preparation. Depending on the case, it may include police notes, photographs, surveillance, search-warrant records, forensic information, firearm classification evidence, licensing records, witness statements, and digital communications. Defence counsel can review this material to understand the Crown's theory and identify potential weaknesses or legal issues.
If the matter proceeds to trial, the Crown must establish the required elements of the offence beyond a reasonable doubt. Defence counsel may challenge evidence, cross-examine witnesses, raise applicable constitutional issues, and present the defence position. The appropriate approach depends on the charge, evidence, and circumstances of the individual case.
Frequently Asked Questions
Firearms and weapons law contains several different offences, and the consequences can vary considerably. The following answers provide general information about common charges and legal issues, but the precise position depends on the specific Criminal Code provision and circumstances.
Section 91 of the Criminal Code makes it an offence to possess a prohibited, restricted, or non-restricted firearm without the required licence and, for prohibited or restricted firearms, registration certificate. The provision also addresses certain prohibited and restricted weapons. The available penalties depend on how the offence is prosecuted.
Section 92 addresses possession of a prohibited, restricted, or non-restricted firearm where the person knows they are not the holder of the required licence and, where applicable, registration certificate. It also addresses certain prohibited weapons, devices, and ammunition. The indictable offence under section 92 carries a maximum imprisonment term of 10 years.
Potentially. The legal issue may depend on the circumstances and the particular possession offence charged. Police discovering a firearm in a shared residence, vehicle, or other location does not automatically answer every question about possession or knowledge. A lawyer can examine access, control, knowledge, ownership, statements, and other evidence.
The Criminal Code contains definitions distinguishing prohibited and restricted firearms from non-restricted firearms. Classification can depend on characteristics such as the firearm's design and other statutory criteria. Because classification affects several offences and licensing requirements, counsel can review the specific firearm and the evidence relied upon by the prosecution.
Yes, depending on the circumstances. Section 94 addresses unauthorized possession in a motor vehicle involving specified firearms, weapons, devices, or ammunition. The provision contains particular requirements and exceptions. A lawyer can examine who was in the vehicle, what was allegedly known, where the item was located, and the circumstances of the police investigation.
Section 88 makes it an offence to carry or possess a weapon, imitation weapon, prohibited device, or certain ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. The indictable form carries a maximum imprisonment term of 10 years. The surrounding circumstances and alleged purpose are therefore important.
Yes. A conviction for a firearm or weapons offence can result in a criminal record. The consequences depend on the specific offence, conviction, and sentence. A record may affect employment, travel, professional opportunities, and other areas of life. Legal advice should be based on the particular charge and circumstances.
Obtaining legal advice promptly can help you understand the exact charge, release conditions, evidence, and available options. Firearm cases may involve search-and-seizure issues, possession questions, technical classification evidence, and licensing or registration records. A defence lawyer can review these matters and explain the legal process based on your circumstances.
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If you are facing firearm charges or another weapons charge in Toronto, understanding the precise allegation and evidence should be an early priority. Saggi Law Firm provides criminal defence representation for individuals facing firearms and weapons offences, including possession allegations, prohibited or restricted firearm charges, and other related criminal charges.
Whether your case involves a firearm discovered during a search, a weapon found in a vehicle, ammunition, an imitation firearm, a dangerous-purpose allegation, or an alleged use of a firearm during another offence, the details matter. Our defence team can review the evidence, explain the applicable criminal law, and discuss the legal options available in your circumstances.
Contact Saggi Law Firm today to discuss your case with an experienced firearms and weapons lawyer in Toronto.
