Gun Offences

Kahlon Law

Experience In Defending Clients

Charged With Offences Relating to Firearms

Using, pointing, carelessly storing, and in most cases, possessing a firearm are serious criminal offences. Unlike many other offences, a person who is found guilty can be ordered to suffer long and in certain circumstances, a mandatory minimum term of imprisonment.

Types of Gun Offences

The charge may come under different names such as using firearm in commission of offence, using imitation firearm in commission of offence, careless use of firearm, pointing a firearm, possession of weapon for dangerous purpose, carrying a concealed weapon, unauthorized possession of a firearm etc.

Section 85 of the Criminal Code criminalizes the use of a firearm to commit an indictable offence. If an individual uses a firearm while committing or attempting to commit certain indictable offences, they are liable to at least one year of imprisonment, up to a maximum of fourteen years. This rule also applies when the accused has used an imitation firearm for the above-mentioned purposes. Moreover, if the accused commits this offence again, he will face a minimum of three years of imprisonment. Although the courts have deemed a number of mandatory minimum sentences to be unconstitutional, the courts continue to uphold the constitutionality of the mandatory minimums associated with this particular offence.

Similarly, as per Section 86 of the Code, if a person uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner without any lawful excuse, they will be liable to punishment either by a summary conviction or by indictment. As it is a hybrid offence, the crown will determine whether they wish to process summarily or by indictment. The crown will take the severity of the offence along with other circumstances related to the case and the accused into consideration when making the determination. Should the Crown proceed by indictment, the maximum penalty one receives is an imprisonment term of up two years. Any subsequent offence would result an increase in the maximum penalty up to five years.

Moreover, pointing a firearm towards someone without lawful excuse is also a crime. Section 87 governs the offence and an accused can receive an imprisonment term of up to five years for doing so. In some cases, the accused can be convicted in a summary manner rather by indictment.

Furthermore, carrying or possessing 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 is punishable under Section 88 with up to ten years of jail in case of indictment, or in certain cases with a summary conviction.

Also, you cannot carry a concealed weapon unless they are authorized under the Firearms Act to carry it concealed. Otherwise you may be charged with committing the offence under Section 90 which can result in finding of guilt of an indictable offence and you may be punished to a jail sentence of up to five years, or you may be tried and convicted summarily.

Legal Defenses

There can be a number of legal defences which may be available in your case. The Charter of Rights & Freedoms might provide a defence for individuals whose rights were violated in the course of the investigation, arrest or search of their property. As a result of a Charter violation, the Court may exclude evidence of the weapon at trial.

It is the Crown’s onus to prove possession beyond a reasonable doubt. Possession related offences require knowledge and control. A firearm found in a car or a house doesn’t mean that the crown can prove possession beyond a reasonable doubt. It many instances, these locations are frequented by more than one person.
Firearm related charges are very serious and require lawyers with specialized knowledge. At Kahlon Law, the firm will examine all the aspect of the offence and choose from an endless array of strategies to raise reasonable doubt to prove your innocence.

Mode of Trial
If you face indictment, you will have the liberty to choose your mode of trial. You can be tried by a judge alone, or by a jury and a judge. A Criminal Defense Lawyer will help you choose your best course of action.

Rights after Arrest

If the police arrest you for any offence, you still retain all your legal and constitutional rights, which include the right to consult a lawyer, right to obtain bail, and more. The police must let you speak to your lawyer before taking your statement. In such scenario, it is advised that a good Criminal Defense Lawyer should be contacted so that you being a layman in terms of legal issues may not make a grave mistake.

Bail in Gun Offences

The next step after arrest is to obtain bail. The Crown almost always opposes bail in cases involving firearms. Obtaining bail in firearms cases is also much more difficult than in the past. Despite this, Kahlon Law has had a great amount of success in obtaining bail for clients charged with firearm related offences. At a bail hearing, the lawyer will argue before the judge or a justice of peace as to why his client is legally entitled to be released.

If you are in Ontario and you ever find yourself in a situation where you are or might be arrested, give us a call at (844) 978-8444 and rest assured that there will be a licensed professional looking out for your freedom and well-being.

Address:

229-6200 Dixie Rd, Mississauga, ON L7A 3W8

Phone:

(844) 978-8444

Email:

info@kahlonlaw.com

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