Risha Virma Gupta

Firearms & Weapons Charges Defence

If you are charged with a gun related offence, you need a lawyer experienced with both the Criminal Code and Firearms Act. Gupta Criminal Trial Lawyers has an extensive record of success in cases involving guns, knives and other objects that can be used as weapons.

What is a Weapons Offence?

According to the Criminal Code, the following passage describes weapons offences in Canada.

“Possession of weapon for dangerous purpose

88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

Marginal note:Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.”

There are many types of potential firearm-related charges with which Canadians can be charged. Possession of a firearm is itself a crime, unless the possessor of the firearm has been issued a valid firearms license.

Common Firearm-related charges addressed by Ontario courts include:

  • Unauthorized possession of a firearm
  • Careless use of a firearm
  • Improper storage of a firearm
  • Pointing a firearm at people in a threatening manner
  • Possession of a firearm for a dangerous purpose
  • Carrying a concealed firearm
  • Trafficking
  • Aggravated assault with a firearm
  • Committing robbery with a firearm

A Conviction Can Result In Serious Punishment

Many firearm offences have significant mandatory sentences. This area of law is not only very serious, but also highly complex and requires a full understanding of criminal law. Firearm and weapons offences’ require a deep understanding of constitutional litigation and effective trial advocacy skills.

The fines for unlicensed or unapproved weapons commonly vary from penalties and probation as well as incarceration. A finding of guilt or conviction can also negatively affect an individual’s ability to travel or attain employment in the future.

Each Weapons Offence is Unique

Rishma Gupta will review your case and determine the best course of defence for your situation. There may be a defence available to you, technical or otherwise, that is not obvious to you.
Possible areas of review include:

  • Whether the Crown can prove the accused was in possession of the firearm
  • Identifying possible violations constitutional rights under the Charter of Rights and Freedoms, that could lead to the exclusion of the evidence and a dismissal of the case
  • Determining if the item was a firearm as defined by the Criminal Code
  • If the weapon was located in a residence, establishing if the grounds of a search warrant were justified.

Our Experience

Below are some examples of our past success in representing people charged with weapons related offences.

R. v. S.N.
Client charged with kidnapping a victim for three days at gunpoint in Brantford. Parts of the kidnapping was found on the co-accused cell phone. The co-accused received a sentence of 14 years. Client of Ms. Gupta was discharged on all 10 counts.

R. v. N.S.
Client was charged with possession of a firearm found in his car. After Charter pretrial motions, the gun was excluded.

R. v. E.F.
Client was charged with aggravated assault, assault with weapon, utter death threats, breach of recognizance, breach of probation. After a three day trial, where each crown witness was attacked and found to be unreliable, the judge found the client not guilty of all charges.

R. v. S.M.
Youth client was charged with weapons dangerous, assault, assault police, and utter threat. Complainant was one of the “mall cops” at Yorkdale Shopping Center. After pre-trial motion for Charter breaches under s. 10(b), 8, 9, 7 and Excessive Force, client’s charges were dismissed.

Contact an Experienced Weapons Offences Lawyer

If you have been charged with possession of illegal weapons, it is important that you retain professional legal representation immediately. Contact our criminal law firm now to book your consultation.