Firearm Possession - Illegal
Restricted firearms, prohibited firearms, unauthorized or unlicensed possession
Criminal lawyers in the Greater Toronto Area probably defend more unauthorized possession of prohibited and/or restricted firearm allegations than anywhere else in Canada. The metropolitan nature of the city and the drug trade appear to be factors that affect the prevalence of unregistered and unauthorized firearms or guns.
The government has recently cracked down on guns and gun crime. Illegally possessing a loaded prohibited or restricted firearm now carries a three year minimum sentence. That means a sixty-five year old man that has been a lawful member of society his whole life with no criminal record will go to prison for three years should he be found guilty of illegally possessing a loaded prohibited or restricted firearm.
In general restricted or prohibited firearms are often:
- Handguns
- Handguns with a barrel length of less than 105 mm are prohibited
- Sawed off shotguns
- Automatic weapons or machine guns
In Toronto, the most common restricted or prohibited weapons offences relate to handguns being possessed illegally.
An experienced criminal lawyer is necessary in any firearm or gun related possession allegation. You will need a criminal lawyer to determine and consider what is the best defence to be advanced at trial. The following are issues and potential defences that a criminal lawyer will have to consider in a firearm possession case:
- Whether or not the item meets the legal definition for a firearm?
- Is the firearm loaded or is there readily accessible ammunition?
- Is there a mistake with respect to licensing or registration of the firearm in question?
- Can the Crown prove possession of the alleged firearm?
- If the Crown can prove possession are there Charter issues that could lead to the firearm being excluded from evidence?
If you or a friend are charged with a gun or firearm possession allegation, please contact Adam Weisberg.
Call for a consultation:
416.603.3344
Toronto Criminal Lawyer
Adam Weisberg
6 Adelaide Street. E.
Fifth Floor
Toronto, Ontario
M5C 1H6
Telephone: 416.603.3344
FAX: 416.800.8791
Email:
