Below is a conversion-focused service page written for Saggi Law Firm, with natural use of the supplied entities and Canadian legal terminology. I’ve also kept the legal claims aligned with the current Criminal Code framework, including the fact that several firearms-related mandatory minimum penalties were repealed while others remain. (Department of Justice Canada)

Firearms and Weapons Lawyer for Serious Criminal Charges | Saggi Law Firm

Facing a firearm offence, weapons charge, or gun charge can put your freedom, reputation, employment, and future at risk. Canadian firearms and weapons laws are complex, and even an allegation involving possession, transportation, storage, use, or unauthorized access to a firearm can result in serious criminal consequences.

At Saggi Law Firm, our criminal defence lawyers represent individuals facing firearms and weapons charges and related criminal offences. We understand that every case turns on its specific facts: what was allegedly possessed, where it was found, who had access to it, whether the person knew about it, how police obtained the evidence, and what the prosecution can actually prove.

Whether you are facing an allegation involving a prohibited firearm, restricted firearm, imitation firearm, unauthorized possession, carrying a concealed weapon, careless use, or another weapon offence, obtaining legal advice early can make a significant difference.

Our approach is focused on understanding the evidence, identifying weaknesses in the prosecution's case, protecting your Charter rights, and developing an effective defence based on the circumstances of your case.

Speak with a firearms lawyer about your situation and learn about your legal options. Contact Saggi Law Firm for a free consultation.

Unauthorized Possession of a Firearm

One of the more common allegations involves unauthorized possession of a firearm.

Under section 91 of the Criminal Code, possession of a prohibited, restricted, or non-restricted firearm can constitute an offence where the required licence and, where applicable, registration requirements are not met. Section 92 addresses circumstances where the person possesses the firearm knowing that their possession is unauthorized. (Department of Justice Canada)

That distinction can matter significantly.

A person may be charged after police discover a firearm in a home, vehicle, storage area, bag, or another location. But simply finding a firearm in a location connected to an accused does not automatically resolve every issue concerning possession.

A criminal defence lawyer will examine questions such as:

• Who actually possessed the firearm?
• Who knew it was there?
• Who had control over the location?
• Was the accused aware of the firearm?
• Was the firearm lawfully possessed by someone else?
• Was the accused's possession temporary or legally authorized?
• Was the firearm properly identified and classified?
• Was the search conducted lawfully?
• Can the prosecution establish the required mental element?

These questions can become central to an effective defence.

Possession of a Prohibited or Restricted Firearm

A charge involving possession of a prohibited firearm or restricted firearm can carry particularly serious consequences.

Section 95 of the Criminal Code addresses possession of a loaded prohibited or restricted firearm, or an unloaded firearm together with readily accessible ammunition capable of being discharged from it, when the required authorization, licence, and registration requirements are not met. The current provision allows prosecution by indictment with imprisonment of up to 14 years. (Department of Justice Canada)

The circumstances surrounding the firearm therefore matter.

A defence may need to examine the firearm's classification, ammunition, location, accessibility, authorization, registration, and the circumstances in which police discovered the firearm.

Other Weapon Offences

A weapon offence does not necessarily involve a firearm.

The Criminal Code also deals with prohibited weapons, restricted weapons, prohibited devices, ammunition, imitation weapons, and other circumstances involving possession or use.

For example, 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. (Department of Justice Canada)

A weapons charge can also arise from allegations involving a concealed weapon, possession of a weapon connected to another offence, or possession contrary to a court order.

The correct defence therefore depends on the exact criminal charge rather than simply the label of "weapons offence."

Penalties for Firearms and Weapons Offences

The consequences of a firearm offence depend on the specific section of the Criminal Code, the circumstances of the alleged offence, the person's record, the type of firearm or weapon involved, and whether the matter proceeds by indictment or summary conviction.

Some firearms and weapons offences have significant maximum penalties.

For example:

• Possession of a weapon for a dangerous purpose can be prosecuted as an indictable offence with imprisonment of up to 10 years.
• Carrying a concealed weapon can be prosecuted by indictment with imprisonment of up to five years.
• Certain unauthorized possession offences can carry substantial indictable penalties.
• Possession of a prohibited or restricted firearm with ammunition under section 95 can carry imprisonment of up to 14 years.
• Possession of a weapon known to have been obtained through the commission of an offence can carry imprisonment of up to 14 years. (Department of Justice Canada)

Are There Mandatory Minimum Sentences?

This is an area where people often receive outdated information.

Canada's firearms sentencing laws have changed. Bill C-5, which received Royal Assent in November 2022, repealed mandatory minimum penalties for a number of firearm and weapon offences. These included certain penalties associated with use of a firearm or imitation firearm during an offence and certain possession offences. However, mandatory minimum penalties were retained for some serious offences, including certain firearms trafficking offences and particular offences involving restricted or prohibited firearms. (Ministère de la Justice)

This means you should not assume that every firearms offence carries a mandatory minimum sentence—or that no firearms offence does.

The precise sentencing exposure depends on the charge and the facts.

A Criminal Record Can Have Long-Term Consequences

A conviction can affect much more than the immediate sentence.

Depending on the circumstances, a criminal record may create difficulties involving:

• Employment
• Professional licensing
• Travel
• Immigration
• Security clearances
• Firearms licensing
• Future criminal proceedings
• Personal and professional reputation

A firearm-related conviction may also result in restrictions or prohibition orders affecting future possession of firearms and other regulated items.

This is why obtaining experienced criminal defence advice as early as possible is important.

How We Defend Firearms and Weapons Charges

At Saggi Law Firm, our defence strategy is built around the actual evidence in your case—not assumptions about what happened.

Challenging the Prosecution's Evidence

The prosecution must prove the elements of the alleged criminal offence beyond a reasonable doubt.

Our defence lawyers examine the evidence to determine whether the Crown can establish every required element.

Depending on the circumstances, this may include examining:

• Police notes and reports
• Search warrants
• Surveillance evidence
• Photographs and videos
• Witness statements
• Forensic evidence
• DNA or fingerprint evidence
• Firearm examination evidence
• Ownership and registration information
• Statements allegedly made by the accused
• Evidence concerning possession and control
• The circumstances of the arrest and search

A weakness in one part of the prosecution's case can sometimes have significant consequences for the entire prosecution.

Challenging Possession

Possession is often a central issue in firearm cases.

The fact that a firearm was discovered in a vehicle, residence, room, bag, or other location does not necessarily answer every legal question.

Our criminal defence lawyer may examine whether the accused actually had knowledge, control, or possession of the firearm or weapon as alleged.

Where several people had access to the same location, for example, the question of who knew about or controlled the firearm can become particularly important.

Examining the Legality of a Search

Police powers are not unlimited.

If police searched a residence, vehicle, person, electronic device, or other location, we can examine whether the search complied with the Canadian Charter of Rights and Freedoms.

Depending on the circumstances, an unlawful search may create grounds to challenge the admission of evidence.

The objective is not simply to argue that police made a mistake. The defence must identify the applicable legal principles and determine whether the circumstances justify a remedy.

Challenging Identification and Classification

A firearm or weapon must be properly identified where its classification is legally relevant.

Questions may arise about whether an object is:

• A firearm
• A prohibited firearm
• A restricted firearm
• A non-restricted firearm
• A prohibited weapon
• A restricted weapon
• An imitation firearm
• Another prohibited device

The classification can affect the charge and potential consequences.

Challenging Knowledge and Intent

Certain offences require the prosecution to establish particular knowledge or intent.

For example, section 92 concerns possession while knowing that possession is unauthorized, while section 96 concerns possession of a firearm or weapon that the person knows was obtained through the commission of an offence. (Department of Justice Canada)

A strong defence therefore considers not only what police discovered, but what the accused actually knew and what the Crown can prove about that knowledge.

Developing the Best Defence for Your Case

There is no single defence strategy that works for every firearms and weapons offence.

The best defence may involve:

Lack of Knowledge

If the accused did not know that the firearm or weapon was present, that may become an important issue depending on the offence charged.

Lack of Possession

Where another person had control over the firearm or weapon, the defence may challenge whether the accused legally possessed it.

Lawful Authorization

Licensing, registration, authorization, or another legal basis for possession may be relevant depending on the allegation.

Charter Issues

The defence may investigate whether police violated the accused's constitutional rights through an unlawful search, detention, arrest, interrogation, or other conduct.

Mistaken Identification

Where evidence linking the accused to the firearm or weapon is uncertain, identification may become a central issue.

Insufficient Evidence

Ultimately, the Crown carries the burden of proof. If the prosecution cannot establish every essential element beyond a reasonable doubt, the accused should not be convicted.

What Happens After You Contact a Firearms Lawyer?

Being charged with a criminal offence can be overwhelming. Knowing what happens next can make the process easier to understand.

Step 1: We Review Your Situation

During an initial consultation, you can explain what happened, what charges you are facing, and what contact you have had with police or the court.

Bring any documents you have received, including your release paperwork, court documents, charge sheet, or other relevant material.

Step 2: We Identify the Immediate Legal Issues

We assess issues such as:

• The exact criminal charge
• Release conditions
• Upcoming court dates
• Firearm or weapon seizure
• Potential prohibition orders
• Search and seizure issues
• Evidence concerns
• Possible Charter applications
• Disclosure requirements

Step 3: We Review the Crown's Case

As disclosure becomes available, your defence team can assess the evidence and determine the strengths and weaknesses of the prosecution's case.

This may involve reviewing police reports, witness statements, forensic material, photographs, video, firearm examination evidence, and other disclosure.

Step 4: We Build a Defence Strategy

After reviewing the evidence, we determine the appropriate approach.

Depending on the circumstances, that may include negotiations, pre-trial applications, challenging evidence, preparing for trial, or seeking an appropriate resolution.

What should I do if I have been charged with a firearm offence?

Take the charge seriously and speak with a criminal defence lawyer as soon as possible. Avoid discussing the details of your case with other people or making statements to police without understanding your legal rights.

Your lawyer can review the charge, release conditions, disclosure, and available evidence before advising you about the next steps.

Can I be charged if the firearm was not registered to me?

Potentially. Firearms offences can involve questions of possession, authorization, licensing, registration, knowledge, and control. The fact that a firearm is registered to someone else does not automatically resolve whether another person can legally possess it.

The specific circumstances must be reviewed.

What if the firearm was found in my vehicle?

The discovery of a firearm in a vehicle does not automatically establish every element of a possession offence.

The defence may examine who owned or controlled the vehicle, who had access to it, who knew the firearm was present, where it was located, and how police discovered it.

Can an imitation firearm result in a criminal charge?

Yes. An imitation firearm can be relevant to certain Criminal Code offences. The legal consequences depend on the particular circumstances and offence alleged.

The fact that an object is not a functioning firearm does not necessarily mean there is no criminal exposure.

Can I face a charge for possessing a firearm belonging to someone else?

Possibly. Canadian law can impose criminal liability based on unauthorized possession and other circumstances. The analysis depends on the type of firearm, authorization, knowledge, possession, and the specific charge.

Are firearms offences always subject to mandatory minimum sentences?

No. Several mandatory minimum penalties for firearms-related offences were repealed by Bill C-5, but mandatory minimum penalties remain for certain serious offences. (Ministère de la Justice)

The applicable penalty must therefore be assessed according to the specific charge and current law.

Can a firearms charge affect my ability to possess firearms in the future?

Potentially. Criminal convictions and court orders can have consequences for firearm possession and licensing. The exact consequences depend on the offence, sentence, and applicable prohibition orders.

Should I speak to a lawyer before my first court appearance?

It is generally advisable to obtain legal advice as early as possible. Your first appearance can involve important procedural and release issues, and early legal advice can help you understand your options.

What if I believe the police searched my property illegally?

Tell your lawyer exactly what happened. Your defence team can assess whether the search was lawful and whether there are grounds to bring a Charter application concerning the evidence obtained.

Can a weapons charge be defended at trial?

Yes. The Crown must prove the essential elements of the alleged offence beyond a reasonable doubt. Depending on the evidence, a defence may challenge possession, knowledge, identification, classification, police conduct, or other elements of the prosecution's case.

Facing Firearms and Weapons Charges? Get Legal Advice

A firearms and weapons charge can have serious consequences, but being charged does not mean you are guilty.

The prosecution must prove the allegations in accordance with Canadian law. An experienced criminal lawyer can examine the evidence, identify legal issues, explain your options, and develop a defence strategy suited to your circumstances.

Whether you are facing unauthorized possession of a firearm, possession of a prohibited firearm, possession of a restricted firearm, carrying a concealed weapon, careless use of a firearm, an imitation firearm allegation, trafficking-related charges, or another weapon offence, early legal advice can help you make informed decisions.

Contact Saggi Law Firm to arrange a free consultation with a firearms and weapons lawyer and discuss your case.