Criminal Defence · Weapons & Firearms Offences

Weapons Charge Lawyer in Toronto

Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026

A weapons charge in Toronto can arise from an ordinary, even innocent, situation — an item found during a traffic stop on the Gardiner, a firearm discovered in a shared apartment during an unrelated search, a knife in a bag that police decide is a prohibited weapon, or an old licensing lapse that turns lawful ownership into an alleged offence overnight. What can feel like a misunderstanding becomes a criminal file that threatens your liberty, your livelihood, and your ability to stay in the country. The reassuring truth is that a charge is only an allegation, and firearms and weapons cases are among the most defensible in criminal law because of how much they depend on how the evidence was obtained.

At Kazandji Law, our criminal defence team represents people charged with weapons and firearms offences across Toronto and the Greater Toronto Area. This page explains what you are actually facing under Canadian weapons law in 2026 — which Criminal Code sections apply, what the prosecution has to prove, the realistic penalties, which mandatory minimums Parliament recently repealed and which it kept, and the Charter defences that most often lead to a charge being withdrawn or dismissed. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.

An important starting point: weapons prosecutions are treated by the courts as public-safety cases, which means the Crown often charges aggressively and pushes hard — even when the facts do not justify the most serious count. That pressure cuts both ways. It makes early, strategic defence work essential, and it means that many charges are laid on evidence that will not survive a careful legal challenge.

What counts as a weapons offence in Canada?

Weapons and firearms offences are set out in Part III of the Criminal Code (sections 84 through 117.15). You do not have to use a weapon, threaten anyone, or hurt anyone to be charged. In a great many cases, simply possessing a firearm, a prohibited weapon, or an item that police treat as a weapon is enough to face a serious charge.

Before anything else, an experienced lawyer identifies exactly which section you are charged under and how the object is classified, because those two facts frame the entire case. The word "weapon" itself is defined broadly in section 2 of the Criminal Code as "any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person," and it expressly includes a firearm.^[1] That definition is why everyday objects — a knife, a tool, a replica — can become "weapons" depending entirely on context, and why the context recorded in a police report is so often incomplete.

The main categories of firearm and weapon

How an object is classified drives which charge applies and how serious it is. The key definitions come from section 2 and section 84 of the Criminal Code:^[1][2]

• Firearm — a barrelled weapon from which a shot, bullet, or other projectile can be discharged and that is capable of causing serious bodily injury or death, including its frame or receiver and anything adaptable for use as a firearm.
• Prohibited firearm — includes handguns with a barrel of 105 mm or less (or designed to fire .25 or .32 calibre), sawed-off rifles and shotguns below the specified lengths, automatic firearms, and firearms prescribed as prohibited.
• Restricted firearm — includes most handguns that are not prohibited, certain semi-automatic centre-fire firearms with short barrels, and firearms designed to be fired when reduced below 660 mm by folding or telescoping.
• Prohibited weapon — includes automatic-opening knives (for example, switchblades opened by gravity, centrifugal force, or a button) and other weapons prescribed as prohibited.
• Prohibited device — includes suppressors, certain oversized-capacity cartridge magazines, short handgun barrels, and replica firearms.

These categories are technical and they change. Regulations and legislation periodically move specific models between classes, so part of a lawyer's job is confirming precisely how the item in your case is classified under the law as it stands, not as it stood years ago.

Weapons offences also require a valid licence framework

Lawful firearm ownership in Canada is regulated federally under the Firearms Act, administered through the RCMP's Canadian Firearms Program. To lawfully possess and acquire firearms, a person generally needs a Possession and Acquisition Licence (PAL), with a restricted class (RPAL) required for restricted firearms; restricted and prohibited firearms also require registration.^[14] Many Criminal Code charges are, in substance, allegations that a person possessed a firearm without the required licence or registration, or possessed it somewhere the authorization did not permit. That framework matters, because a licensing or documentation issue is a very different case from a genuine public-safety threat — and it is frequently defensible.

The key Criminal Code weapons offences

Most weapons files in Toronto involve one or more of the following charges. The maximum penalties below are the ceilings set out in the Criminal Code — they are reserved for the most serious cases and are not typical outcomes. Where a charge is described as hybrid, the Crown chooses whether to proceed by the more serious indictment track or the less serious summary conviction track, and that election shapes everything that follows.

A few practical points about this list:

• Sections 91 and 92 look similar but are not. Section 91 (unauthorized possession) is a hybrid offence with a five-year maximum on indictment. Section 92 adds the element of knowledge that the possession is unauthorized, and is a straight indictable offence with a ten-year maximum. Which one the Crown can actually prove often depends on what you knew — and knowledge is contestable.^[6][7]
• Section 95 is one of the most serious "simple possession" firearm charges, because it targets loaded — or effectively loaded — prohibited and restricted firearms. It carries a fourteen-year maximum on indictment. It is also the section at the centre of a landmark constitutional decision, discussed below.^[10]
• Assault, robbery, and violent offences involving weapons are charged separately. If a weapon was allegedly used against a person, you may face charges such as assault with a weapon or robbery with a firearm in addition to, or instead of, the possession offences above. Those are covered on our assault offences, assault with a weapon, and robbery with a firearm pages.

What the Crown must prove: knowledge and control

Almost every weapons possession charge shares two essential elements, and the Crown must prove both beyond a reasonable doubt: knowledge and control. The concept of possession is drawn from section 4(3) of the Criminal Code, and it recognizes three forms — personal possession (the item is on you), constructive possession (you knowingly keep it somewhere for your use or benefit), and joint possession (two or more people knowingly and with consent have it in their custody).^[13]

Crucially, mere proximity is never enough. A firearm found in a shared vehicle does not automatically belong to the driver. A weapon in a common area of a home is not automatically possessed by everyone who lives there. A passenger sitting near a bag is not, without more, in possession of its contents. The question is always whether the Crown can prove that this particular person knew the item was there, knew its character, and had a measure of control over it. In shared spaces — apartments, cars, group settings — that is frequently the weakest link in the prosecution's case, and it is often where the defence begins.

Where the charge is one that requires knowledge that possession was unauthorized (such as section 92) or knowledge that an item was obtained by crime (section 96), the Crown's burden is even heavier: it must prove not just possession, but a specific state of mind. Honest mistakes about licensing, ownership, or an item's origin can defeat that element.

Mandatory minimums and what Bill C-5 actually changed

For years, many firearm offences carried mandatory minimum jail sentences that stripped judges of the ability to tailor a fair sentence. That landscape has shifted, but the change is more nuanced than headlines suggest — and getting the detail right matters enormously.

The 2022 repeal (former Bill C-5)

In November 2022, Bill C-5 (S.C. 2022, c. 15) received Royal Assent and repealed a number of firearm-related mandatory minimums in the Criminal Code. According to the Government of Canada, the repealed minimums included those for:^[15]

• Using a firearm or imitation firearm in the commission of an offence (s. 85);
• Possession of a firearm or weapon knowing its possession is unauthorized (s. 92);
• Possession of a prohibited or restricted firearm with ammunition (s. 95);
• Possession of a weapon obtained by the commission of an offence (s. 96);
• Discharging a firearm with intent (s. 244) and discharging a firearm — recklessness (s. 244.2), in their lower-tier forms;
• Robbery with a firearm (s. 344) and extortion with a firearm (s. 346);
• The lower-tier forms of weapons trafficking (s. 99), possession for the purpose of trafficking (s. 100), and importing/exporting knowing it is unauthorized (s. 103).

The practical effect is significant. For the core possession offences most people are charged with — sections 92, 95, and 96 — the current Criminal Code text no longer contains any mandatory minimum at all. Judges once again have discretion to consider the full circumstances of the person and the offence.^[7][10][11]

What Bill C-5 did NOT repeal

It would be a serious mistake to assume that all firearm mandatory minimums are gone. They are not. Several important minimums remain in force:

• Trafficking, possession for trafficking, and importing (ss. 99, 100, 103). Bill C-5 repealed only the lower-tier branch of these offences — the part covering non-firearm objects. For actual firearms and related firearm objects, these sections still carry mandatory minimums of three years for a first offence and five years for a second or subsequent offence, with a fourteen-year maximum.^[16]
• Making an automatic firearm (s. 102) retains its mandatory minimum.^[15]
• The aggravated branches of ss. 244 and 244.2 — where a restricted or prohibited firearm is used, or the offence is connected to a criminal organization — retain mandatory minimums of five years (first offence) and seven years (subsequent).^[15]
• Section 85 (using a firearm in an offence) no longer carries a minimum, but any sentence for it must still be served consecutively to the sentence for the underlying offence.^[16]

The bottom line: whether a mandatory minimum applies to your case depends on the exact section, the exact subsection, and how the object is classified. This is precisely the kind of detail where accurate legal advice changes outcomes — and where a lawyer will work to steer a charge toward a section or track that does not carry a minimum.

The constitutional challenge to section 95 minimums (R. v. Nur)

Even before Bill C-5, the courts had begun dismantling firearm mandatory minimums as unconstitutional. In R. v. Nur, 2015 SCC 15, the Supreme Court of Canada struck down the three-year and five-year mandatory minimums that then applied to possession of a loaded prohibited or restricted firearm under section 95, holding that they violated the section 12 Charter guarantee against cruel and unusual punishment because of the range of low-fault conduct they could reasonably capture.^[17] Nur remains a foundational decision on the limits of mandatory minimums, and it illustrates why the constitutionality of a penalty is itself a live issue in firearm sentencing.

The Charter search issue at the heart of firearm cases

If there is one theme that runs through firearm and weapons defence, it is this: almost every case begins with a search, and how that search was conducted often decides the whole matter. Guns and weapons do not announce themselves — they are found. They are found in vehicles pulled over on the highway, in bags during street stops, in homes during the execution of warrants, and sometimes through the search of a phone. Each of those searches is governed by section 8 of the Charter, which guarantees that "everyone has the right to be secure against unreasonable search or seizure."^[18]

When police search without lawful authority — no valid warrant, no genuine grounds, no recognized exception — the search is unreasonable, and the evidence it produces is vulnerable to exclusion. Because in a firearm case the firearm is the case, excluding it usually ends the prosecution. This is why a meticulous, front-to-back review of how the item was discovered is the most important work in the file.

How courts decide whether to exclude the evidence

Where a Charter breach is established, the court decides whether to exclude the evidence under section 24(2) of the Charter, applying the three-part framework from the Supreme Court of Canada's decision in R. v. Grant, 2009 SCC 32: (1) the seriousness of the state's Charter-infringing conduct, (2) the impact of the breach on the accused's protected interests, and (3) society's interest in a decision on the merits.^[19] In firearm cases, a serious or reckless breach of privacy rights frequently tips this balance toward exclusion — and once the firearm is out, there is usually little left of the Crown's case.

Related Charter protections

Two other Charter rights come up constantly in weapons files:

• Arbitrary detention (section 9). Many firearm cases begin with a vehicle or street stop. Section 9 guarantees that "everyone has the right not to be arbitrarily detained or imprisoned."^[18] If a detention was arbitrary, or a stop was used as a pretext to search without grounds, everything that flowed from it is open to challenge.
• Right to counsel (section 10(b)). On arrest or detention, you have the right "to retain and instruct counsel without delay and to be informed of that right."^[18] A failure to give you a real, timely, private opportunity to reach a lawyer is itself a breach that can affect the admissibility of statements and other evidence.

Prohibition orders: the consequence that outlasts the sentence

A weapons conviction — and in some cases a mere discharge — brings a consequence many people do not see coming: a weapons prohibition order that bars you from possessing firearms and other weapons for years, or for life.

Under section 109 of the Criminal Code, a prohibition order is mandatory for certain offences, including specified firearm offences and indictable offences involving violence punishable by ten years or more. On a first such conviction, the order must prohibit ordinary firearms for at least ten years (measured from release), and prohibited and restricted firearms, along with prohibited weapons, devices, and ammunition, for life. On a second or subsequent qualifying offence, the prohibition is for life across the board.^[20]

Under section 110, a prohibition order is discretionary for other weapon-involved or violent offences: the court must consider whether an order is desirable in the interests of safety, and if it makes one, the order lasts up to ten years (with a life option where the offence involved violence against an intimate partner, a child, a parent, or a co-resident). Where the court declines to make a discretionary order, it must give reasons.^[21]

For a firearms owner, hunter, sport shooter, or anyone whose work involves firearms, a prohibition order can be as life-altering as any fine or jail term. Understanding whether a proposed resolution triggers a mandatory order — and whether the charge can be steered away from one — is a central part of the defence. Breaching an existing order is itself the offence under section 117.01, and if you are accused of that, see our page on breaching court orders.

The consequences of a weapons record beyond the sentence

Clients are often most anxious about jail. For many weapons charges the more realistic and lasting harms lie elsewhere. A criminal record for a weapons or firearm offence can affect:

• Your firearms licence. A charge alone can lead to the suspension or revocation of a PAL or RPAL, and a conviction routinely does — often alongside a prohibition order that makes lawful ownership impossible for years.
• Immigration status. This is critical for non-citizens. Because several firearm offences carry maximum sentences of ten years or more, a conviction can amount to serious criminality under the Immigration and Refugee Protection Act, which can render a permanent resident or foreign national inadmissible and, in serious cases, remove the right to appeal a removal order. If you are not a Canadian citizen, tell your lawyer immediately — avoiding a conviction may matter far more than the sentence, and it can reshape the entire defence strategy.
• Employment and professional licensing. A weapons record appears on background and vulnerable-sector checks and can affect current jobs, future hiring, bonding, security clearances, and regulated professions.
• Travel, especially to the United States. U.S. border officers treat weapons offences seriously, and a record can complicate or bar entry to the U.S. and other countries.
• Reputation and family life. The stigma of a firearm charge is real, even where the legal exposure is modest and no one was harmed.

These downstream effects are exactly why it is worth defending a charge that looks "minor" on paper. The gap between a withdrawal and a registered conviction can shape a person's life for years.

The weapons charge court process in Toronto, step by step

Understanding the sequence of a weapons case helps you see where a defence can be built. Most files move through the same stages in the Ontario Court of Justice, with more serious firearm matters sometimes proceeding to the Superior Court of Justice.

1. The search and arrest

Nearly every weapons case begins with a search — of a person, a vehicle, a home, or a phone. How that search was conducted is frequently the whole case, because evidence obtained through an unlawful search can be excluded. At the point of arrest or detention, your right to counsel under section 10(b) of the Charter is engaged, and you should exercise it before saying anything about the item.

2. Release or bail

Weapons and firearm charges often trigger a contested bail hearing, particularly where police raise public-safety concerns or where a firearm is involved. For certain firearm offences the law can place the onus on the accused to show why release is justified, which makes arriving with a workable release plan and responsible sureties decisive. Release conditions in these cases almost always include a no-weapons condition. Moving quickly to secure a reasonable release is one of the first and most important steps.

3. Disclosure

Your lawyer obtains disclosure — the Crown's evidence — which the Crown has a constitutional duty to provide under the Supreme Court's decision in R. v. Stinchcombe.^[22] In a weapons case, disclosure typically includes the officers' notes and the stated grounds for the search, any warrant and supporting affidavit, property and continuity records for the item, any statements, phone-extraction reports, and any forensic or firearm-classification analysis. A rigorous review of this material is where most winning defences are found — especially the paper trail behind the search.

4. Crown pre-trial and resolution discussions

Most cases involve a Crown pre-trial, where your lawyer tests the strength of the case and explores whether it can be withdrawn, reduced, or resolved without a conviction or a mandatory prohibition. Where the evidence is weak — often because of a search problem — this stage is frequently where a well-prepared file is resolved on favourable terms, long before trial.

5. Charter applications and trial

If the case does not resolve and there are viable issues, it proceeds to trial — very often built around a Charter application to exclude the firearm or weapon. If the search or detention is found unconstitutional and the evidence is excluded, the Crown is usually left with no case, and the charge is dismissed. From first appearance to conclusion, a contested weapons case commonly takes several months.

How Kazandji Law defends weapons and firearms charges

Weapons cases are won on detail, and the right strategy depends entirely on the disclosure in your specific file. The issues our lawyers most often raise include:

• Unlawful search and seizure (Charter s. 8). Did police have lawful authority for the search — a valid warrant, a lawful search incident to arrest, or genuine exigent circumstances? A vehicle stop, a home entry, or a phone search that exceeds its lawful bounds can render everything that followed inadmissible, and in a firearm case that usually ends the prosecution.
• Arbitrary detention and pretext stops (Charter s. 9). Many firearm cases begin with a traffic or street stop. If the detention was arbitrary or used as a pretext to search without grounds, the evidence that flowed from it is vulnerable.
• Denial of the right to counsel (Charter s. 10(b)). Were you promptly advised of your right to a lawyer and given a real, private opportunity to exercise it before questioning?
• No knowledge or no control. Where the item was found in a shared vehicle, home, or space, we test whether the Crown can actually prove that you knew it was there, knew what it was, and controlled it — the elements every possession charge requires.
• Challenging the classification of the object. Whether an item is a "prohibited weapon," a "restricted firearm," or a "prohibited device" is a technical legal question. We scrutinize the classification, the forensic analysis, and the continuity of the exhibit before accepting the label the Crown has applied.
• Pushing back on overcharging. Not every situation justifies the most serious count. Where the facts support a lesser charge — or none — we press for fair treatment based on the evidence, including steering a file away from sections that carry mandatory minimums or trigger a mandatory prohibition.
• Exclusion of evidence (Charter s. 24(2)). Where a breach is established, we argue for exclusion under the R. v. Grant framework, which in serious-breach cases frequently results in the firearm being excluded and the charge collapsing.

These are issues that may be available — not guarantees. No responsible lawyer promises a result before reviewing the disclosure. What we promise is a rigorous, honest assessment and a defence built around the specific facts and evidence in your case.

Common myths about weapons charges

"They found the gun near me, so I'm guilty." Not so. Proximity is not possession. The Crown must prove you knew about the item and had control over it, and in shared cars and homes that is often the weakest part of its case.

"A weapons charge means automatic jail." Not necessarily. Many weapons charges do not end in custody, especially with early legal help and where a Charter issue undermines the evidence. Whether any mandatory minimum applies depends on the specific section and subsection.

"Bill C-5 got rid of all firearm mandatory minimums." Untrue. Bill C-5 repealed the minimums for several possession offences (including ss. 92, 95, and 96), but it kept minimums for firearm trafficking, importing, making an automatic firearm, and the aggravated forms of certain discharge, robbery, and extortion offences.

"It wasn't my gun, so the charge can't stick." Ownership is not the legal test — knowledge and control are. But the flip side is powerful: if the Crown cannot prove you knew about the item and controlled it, the charge is genuinely vulnerable.

"If I just explain, they'll drop it." Explaining rarely helps and often supplies the very knowledge-and-control evidence the Crown was missing. You have the right to silence — use it, and speak to a lawyer first.

"There's no point fighting because no one was hurt." The absence of injury does not make the charge minor. The record, the prohibition order, the licensing fallout, and the immigration consequences are serious in their own right — and the case may be very winnable.

What to do if you have been charged with a weapons offence

1. Say as little as possible. Be polite and provide identification if required, but exercise your right to remain silent. Do not try to talk your way out of it.
2. Exercise your right to counsel. Ask to speak with a lawyer as soon as you are detained or arrested.
3. Write down everything you remember while it is fresh — where you were, what was said, how the search unfolded, who was present, and the timeline. The details of the search are often decisive.
4. Preserve helpful evidence. Keep all paperwork from the arrest and release, and save relevant messages, photos, receipts, or licence documents. Do not delete anything.
5. Do not post about the case online and do not discuss the details in writing with friends.
6. If you are not a Canadian citizen, tell your lawyer immediately — it can change the entire strategy.

Why choose Kazandji Law for your weapons defence

Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Weapons cases reward preparation — the close reading of search grounds and warrants, a working command of Charter litigation, and the judgment to know when to bring a section 8 application and when to steer a file away from a mandatory minimum or a mandatory prohibition order. Our team brings that preparation to every weapons and firearm file, whether it is a first-time possession charge, a licensing-based allegation, or a serious matter the Crown is treating as a public-safety case.

We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area — including the criminal court at 10 Armoury Street in downtown Toronto — and we defend weapons charges wherever they arise: downtown Toronto, North York, Scarborough, Etobicoke, Vaughan, Markham, Brampton, Hamilton, Oakville, and beyond. You can meet our team, review our case results, and explore our related firearms offence defence services.

Frequently asked questions

Is a weapons offence always a jail case in Canada?

No. Some weapons offences are very serious, but many do not require jail — the outcome depends on the specific charge, the facts, and the strength of the defence. For the core possession offences under sections 92, 95, and 96, Bill C-5 repealed the mandatory minimums in 2022, so judges once again have discretion to impose a proportionate sentence. Whether any minimum still applies depends on the exact section involved.

Can I be charged if the firearm or weapon was not mine?

Possibly, but ownership is not the legal test. The Crown must prove that you knew about the item and had control over it — the elements of possession. A firearm found in a shared car, home, or bag does not automatically prove possession by any one person, which is why these cases are often defensible.

What are the penalties for firearm and weapons offences in Ontario?

They vary widely by charge. Maximums range from summary-conviction penalties (for example, carrying a weapon at a public meeting under section 89) up to fourteen years on indictment for possession of a loaded prohibited or restricted firearm under section 95. These maximums are ceilings reserved for the most serious cases; first-offence possession charges are rarely sentenced anywhere near them. Some offences still carry mandatory minimums, and a conviction can also bring a weapons prohibition order.

Did Bill C-5 repeal all firearm mandatory minimums?

No. Bill C-5 (2022) repealed the mandatory minimums for several offences, including using a firearm in an offence (s. 85) and possession offences under sections 92, 95, and 96. But it kept mandatory minimums for firearm trafficking, possession for trafficking, and importing (ss. 99, 100, 103) in their firearm forms, for making an automatic firearm (s. 102), and for the aggravated branches of certain discharge, robbery, and extortion offences. Whether a minimum applies depends on the precise section and subsection.

What is the difference between section 91 and section 92?

Both concern possessing a firearm without proper authorization. Section 91 (unauthorized possession) is a hybrid offence with a five-year maximum on indictment. Section 92 adds the element that you knew your possession was unauthorized, and is a straight indictable offence with a ten-year maximum. Because section 92 requires proof of knowledge, it is often contestable where a person genuinely believed they were compliant.

Can the police search my car or home for a weapon without a warrant?

Only in limited circumstances. Section 8 of the Charter protects against unreasonable search and seizure, and a home in particular attracts a high expectation of privacy. Police generally need a warrant or must fall within a recognized exception, such as a lawful search incident to arrest or genuine exigent circumstances. If the search exceeded its lawful bounds, the firearm or weapon may be excluded — which usually ends the case.

What happens if the search that found the weapon was illegal?

If a court finds the search breached section 8 of the Charter, it can exclude the evidence under section 24(2), applying the test from R. v. Grant. Because the firearm or weapon is usually the heart of the Crown's case, exclusion typically results in the charge being dismissed.

Do imitation or replica firearms count?

They can. A replica firearm is treated as a prohibited device under the Criminal Code, and using an imitation firearm in the commission of an offence is itself an offence under section 85. In addition, possessing an imitation weapon for a purpose dangerous to the public peace can support a charge under section 88. Context matters, and it is often contestable.

Will a weapons charge affect my firearms licence?

Yes, it can. A charge can lead to the suspension or revocation of a PAL or RPAL, and a conviction frequently does — often together with a court-ordered weapons prohibition under section 109 or 110 that bars lawful possession for years or for life. Protecting your licence is often a central goal of the defence.

What is a weapons prohibition order?

It is a court order that bars you from possessing firearms and other weapons. Under section 109 it is mandatory for certain offences (at least ten years for ordinary firearms and life for prohibited and restricted firearms on a first offence, and life across the board on a subsequent offence). Under section 110 it is discretionary for other offences, lasting up to ten years. Breaching such an order is a separate offence under section 117.01.

How does a weapons conviction affect immigration or travel?

It can have serious consequences. Because several firearm offences carry maximum sentences of ten years or more, a conviction can amount to serious criminality under Canadian immigration law, which can make a permanent resident or foreign national inadmissible and may limit appeal rights. A record can also complicate entry to the United States and other countries. If you are not a citizen, raise this with your lawyer at the very start.

Do I need a lawyer if no one was hurt?

Yes — arguably more than people realize. The absence of injury does not make a weapons charge minor: the record, the prohibition order, the licensing fallout, and the immigration risk are serious in their own right. And because the best outcomes usually depend on Charter arguments and early strategy, the value of an experienced lawyer is greatest at the start.

How much does a weapons charge lawyer cost?

Fees depend on the complexity of the case and whether it resolves early or proceeds to a contested trial with Charter applications. Kazandji Law offers a free initial consultation and will give you a clear picture of the process and the likely cost before you decide anything.

Sources & legal references

1. Criminal Code of Canada (R.S.C. 1985, c. C-46), s. 2 (definitions of "weapon" and "firearm"): laws-lois.justice.gc.ca/eng/acts/c-46/section-2.html.
2. Criminal Code, s. 84 (definitions of "prohibited firearm," "restricted firearm," "prohibited weapon," "prohibited device"): laws-lois.justice.gc.ca/eng/acts/c-46/section-84.html.
3. Criminal Code, s. 88 (possession of a weapon for a dangerous purpose; hybrid, indictable maximum 10 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-88.html.
4. Criminal Code, s. 89 (carrying a weapon while attending a public meeting; summary conviction): laws-lois.justice.gc.ca/eng/acts/c-46/section-89.html.
5. Criminal Code, s. 90 (carrying a concealed weapon; hybrid, indictable maximum 5 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-90.html.
6. Criminal Code, s. 91 (unauthorized possession of a firearm; hybrid, indictable maximum 5 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-91.html.
7. Criminal Code, s. 92 (possession of a firearm knowing possession is unauthorized; indictable, maximum 10 years; no mandatory minimum in the current text): laws-lois.justice.gc.ca/eng/acts/c-46/section-92.html.
8. Criminal Code, s. 93 (possession at an unauthorized place; hybrid, indictable maximum 5 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-93.html.
9. Criminal Code, s. 94 (unauthorized possession in a motor vehicle; hybrid, indictable maximum 10 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-94.html.
10. Criminal Code, s. 95 (possession of a loaded prohibited or restricted firearm; hybrid, indictable maximum 14 years; mandatory minimum repealed): laws-lois.justice.gc.ca/eng/acts/c-46/section-95.html.
11. Criminal Code, s. 96 (possession of a weapon obtained by the commission of an offence; hybrid, indictable maximum 14 years; mandatory minimum repealed): laws-lois.justice.gc.ca/eng/acts/c-46/section-96.html.
12. Criminal Code, s. 117.01 (possession contrary to a prohibition order; hybrid, indictable maximum 10 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-117.01.html.
13. Criminal Code, s. 4(3) (definition of possession, including constructive and joint possession): laws-lois.justice.gc.ca/eng/acts/c-46/section-4.html.
14. Firearms Act (S.C. 1995, c. 39) and the Royal Canadian Mounted Police Canadian Firearms Program (licensing — PAL/RPAL — and registration): laws-lois.justice.gc.ca/eng/acts/F-11.6; rcmp.ca/en/firearms.
15. Government of Canada / Department of Justice, "Mandatory Minimum Penalties to be repealed" (Bill C-5; list of repealed and maintained firearm mandatory minimums): canada.ca/en/department-justice/news/2021/12/mandatory-minimum-penalties-to-be-repealed.html; Bill C-5, S.C. 2022, c. 15 (Royal Assent Nov. 17, 2022): parl.ca/legisinfo/en/bill/44-1/c-5.
16. Criminal Code, s. 85 (using a firearm in the commission of an offence; consecutive sentence; minimum repealed by 2022, c. 15) and ss. 99, 100, 103 (trafficking, possession for trafficking, and importing/exporting — firearm-object minimums of 3 years / 5 years retained): laws-lois.justice.gc.ca/eng/acts/c-46/section-85.html; laws-lois.justice.gc.ca/eng/acts/c-46/section-99.html.
17. R. v. Nur, 2015 SCC 15 (mandatory minimums then in s. 95(2)(a) struck down under Charter s. 12): canlii.org/en/ca/scc/doc/2015/2015scc15.
18. Canadian Charter of Rights and Freedoms (Constitution Act, 1982), ss. 8, 9, and 10(b): laws-lois.justice.gc.ca/eng/const/page-12.html.
19. R. v. Grant, 2009 SCC 32 (three-part test for exclusion of evidence under Charter s. 24(2)): canlii.org/en/ca/scc/doc/2009/2009scc32.
20. Criminal Code, s. 109 (mandatory weapons prohibition order; 10 years/life on first offence, life on subsequent): laws-lois.justice.gc.ca/eng/acts/c-46/section-109.html.
21. Criminal Code, s. 110 (discretionary weapons prohibition order; up to 10 years, life in specified cases): laws-lois.justice.gc.ca/eng/acts/c-46/section-110.html.
22. R. v. Stinchcombe, 1991 CanLII 45 (SCC) (Crown's duty of disclosure): canlii.org/en/ca/scc/doc/1991/1991canlii45.

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