What is a Firearm?

Under section 2 of the Criminal Code, a firearm is a barrelled weapon capable of discharging a bullet, shot, or projectile, including the barrel, frame, or receiver, or anything adapted for such use. Firearms can cause serious bodily injury or death. They are generally classified as long guns (rifles, shotguns) or handguns. Use of a firearm includes firing, pointing, brandishing, or using it to threaten or intimidate.

Possession of a restricted firearm is governed by the Firearms Act and the Criminal Code. Restricted firearms include handguns and certain rifles that require special licensing and registration.

To legally possess a restricted firearm, an individual must have:

• A valid Possession and Acquisition Licence (PAL) with restricted privileges,

• Proper registration for the firearm, and

• Compliance with storage, transportation, and use regulations.

Possessing a restricted firearm without meeting these requirements is a serious offence.

The Crown must prove beyond a reasonable doubt that the accused knowingly possessed the restricted firearm unlawfully. This offence is hybrid, meaning the Crown can proceed either by summary conviction or

by indictment. If proceeded summarily, the maximum penalty is two years less a day in jail and/or a fine up to $5,000. If proceeded by indictment, the penalty can be up to ten years in prison.

Penalties can include imprisonment, fines, and a criminal record that may impact future firearms licensing and other rights. Defences may focus on lack of knowledge, lawful possession, or procedural errors.

Given the complexity and severity of these charges, immediate legal advice from an experienced firearms lawyer is strongly recommended.