Firearms Offence

Firearms Offence 2020-02-19T23:01:27+00:00

Firearm Offence in Calgary

Firearm Offence in CalgaryThere are many different offences involving the unlawful use or possession of firearms. The most common and serious offences are discussed below.

Firearms offences are treated extremely seriously in Canada. This is reflected by the following facts:

  • It is generally more difficult to get released on bail if your charge relates to a firearm
  • Many firearms-related offences come with stiff mandatory minimum jail sentences
  • Most firearms offences carry the possibility that you can be banned from owning a firearm for the rest of your life if you are found guilty
  • Using a firearm in the commission of another offence can result in minimum jail terms of at least one year

firearm is legally defined as: a barrelled weapon that can discharge a bullet or other projectile with enough power to cause serious bodily injury or death to a person.

The definition also includes any receiver or frame of that barreled weapon, and anything that can be adapted to be used as a firearm.

Being found guilty of a firearms offence will almost always raise the possibility that the Judge will ban you from owing, using or possessing any firearms, ammunition and other related items. These bans can last from 1 year to the rest of your life.

Bail Conditions for Firearms Offences

The police and prosecutors are extremely cautious when it comes to determining the release of someone charged with a gun crime, as they will be exposed to professional discipline if that accused commits a subsequent violent crime while on release. Many firearms offences are considered “reverse onus” – whereas the Judge will automatically rule that you are to be kept in custody unless you persuade otherwise.

Defending Firearms Offence Charge

At the outset, it is important to know that no matter the charge, the Crown must prove that a firearm was used during the offence. This usually involves the police sending the item out expert testing and reports, which take a skilled legal eye to interpret and assess. We can help!

Firearms are often discovered during a search of your home, vehicle, or other personal privacy, which triggers your constitutional rights to be free from unreasonable searches and seizures. The law surrounding searches is complex, and takes a passionate and experienced criminal lawyer to present it in a persuasive way to the Judge.

The Sentence

Discharge a firearm recklessly

This requires the Crown to prove simply that

  1. You intentionally shot a firearm into or at a place
  2. You knew or were reckless as to whether there was another person in that place

This offence is intended to punish those who commit “drive-by” shootings, but much less serious conduct can be caught within its scope.

This offence carries a minimum jail term of 4 years, which can be increased to 5 if you used a certain kind of firearm or did the crime on behalf of a criminal gang.

Careless use, storage, or transport of a firearm

If you are found using, handling, storing or shipping a firearm without taking reasonable precautions for the safety of other people, you may be found guilty of this offence.

This carries the possibility of up to two years incarceration for a first offence, as well as fines and a prohibition on possessing any firearms for a period of up to ten years. Police often lay this charge after a search of your personal property, which can potentially infringe on your constitutional rights.

Pointing a firearm

Guns instill such fear in Canadian society that Parliament has made it a crime to point a firearm at another person, regardless of your intent to actually discharge it. Whether or not the gun was loaded is irrelevant when a Court determines your guilt or innocence.

This offence carries a jail sentence of up to 5 years, as well as a 10 year ban on possessing any guns or related items.

Unauthorized possession of a firearm

You may not possess any firearm unless you possess a license obtained by the federal government which permits you to do so. Additional licensing is required in the case of restricted or prohibited weapons. This charge is often the end result of the police searching your car, home, or other property.

The penalty for violating any of the rules authorizing possession of a firearm is jail for a term of up to 5 years, as well as the possibility of a ban on owning any guns for up to 10 years.

Possession of a prohibited or restricted firearm with ammunition, if:

  • You are caught in possession of:
    • A loaded restricted or prohibited gun (most commonly, a handgun)
    • An unloaded prohibited or restricted gun, but have ammunition for it close by, and
    • You do not have a license for that gun

You could do a maximum of 10 years in jail. It is important that you discuss your options with one of our criminal defence lawyers as soon as possible, it is possible the police violated your rights to be free from illegal arrests and searches.

Firearm Offence FAQs

  1. How are firearms regulated in Canada?
  2. What is a firearms offence?
  3. When can the police seize my gun?
  4. How can I get my gun back from the police?
  5. What are the best defences to a firearms charge?
  6. How can I get my firearms charges dropped?
  7. Can I bring my gun with me when I am visiting canada?
  8. A criminal defence lawyer’s top 5 tips for fighting firearms charges

See More

Get A Free Consultation

Receive a free consultation to discuss your case.

  • This field is for validation purposes and should be left unchanged.

We value your privacy, all information is kept strictly confidential.


David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
See All Reviews


Lawyer-lookup

Glowing Reviews From Our Clients

Charges from outside of Calgary near Okotoks: Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

D.P.

I would definitely recommend Michael Oykhman and his team. Not only were my charges dropped but the professionalism and empathy I was shown gave you confidence knowing someone was working just as hard as you would be to obtain the best possible result. For anyone looking for lawyer he is one of the best hands down.

R.D.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Cases

Impaired Driving

Successful Case Results

LEARN MORE

Domestic Violence

Successful Case Results

LEARN MORE

Drug Offences

Successful Case Results

LEARN MORE

Property Crime

Successful Case Results

LEARN MORE

Traffic Offences

Successful Case Results

LEARN MORE

Assaults & Threats

Successful Case Results

LEARN MORE

VIEW ALL SUCCESSFUL CASES

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation