Weapon Offences

Weapon and firearm offences in Toronto

Firearm offences make up a growing portion of violent crime in Canada. Although they currently account for only about 3% of all violent crimes, this area of law is evolving rapidly.

It begins with Part III of the Criminal Code of Canada. Because the case law is being shaped by unprecedented fact patterns, it is important that the lawyer you choose has a strong grasp of new developments. The right lawyer can guide you through the intricacies of the different Criminal Code sections on weapon offences and stays current with the evolving details that will ultimately decide your case.

These cases can carry severe penalties, including fines and imprisonment, so experienced representation matters. Sourena Sarbazevatan will thoroughly investigate the circumstances of your case, assess the evidence, and craft a defense tailored to your situation, working to protect your rights and explore every avenue to reduce charges or achieve a favorable outcome.

Call Now

The burden is on the Crown

However serious your charge, remember that the burden of proof lies with the Crown, which must prove the case beyond a reasonable doubt. That is a high standard that cannot always be met. You have rights that must be protected at every stage, and that is why so many clients have found comfort and satisfaction in the results we achieve for them. It all starts with contacting us for a free initial consultation.

Common weapon and firearm charges

Weapon offences cover a broad range of conduct under the Criminal Code, from possession of a prohibited or restricted firearm and possession of a weapon dangerous to the public peace, to careless storage, carrying a concealed weapon, pointing a firearm, and possession for a dangerous purpose. Using a firearm in the commission of another offence, or possessing one while prohibited, carries especially serious consequences, and many of these charges carry mandatory minimum jail sentences on conviction.

Search, seizure, and your Charter rights

Firearm and weapon cases very often turn on how the evidence was found. Police must respect strict rules when they stop, search, or detain a person, and when they enter a home or vehicle. If a search was unlawful or a warrant was defective, the weapon itself may be excluded from evidence under the Charter of Rights and Freedoms, which can bring the case to an end. Reviewing the legality of the search is one of the first things we do.

Mandatory minimum sentences

Many firearm offences carry mandatory minimum jail sentences on conviction, which means a judge has limited discretion to impose a lighter sentence even in sympathetic circumstances. Offences such as possession of a loaded prohibited or restricted firearm, or using a firearm in another offence, fall into this category. Because the stakes are so high, these cases are often won not at sentencing but earlier, by challenging whether the Crown can prove possession, knowledge, and the lawfulness of how the weapon was found in the first place.

Licensing, storage, and authorization

Not every weapon charge involves violence. A significant number arise from licensing and storage issues: an expired or improper licence, a firearm stored contrary to the regulations, or transporting a restricted firearm without the correct authorization. These are serious matters that can still result in a criminal record and the loss of your right to own firearms. We look closely at whether the rules were actually breached and whether any breach was knowing, because honest administrative errors are treated very differently from deliberate misconduct.

Bail in firearm cases

Firearm charges often trigger a reverse-onus bail situation, meaning the burden is on the accused to show why they should be released rather than on the Crown to justify detention. That makes early, well-prepared representation especially important. A strong release plan, a suitable surety, and realistic conditions can be the difference between spending months in custody and being released to prepare your defence from home.

What to do if you are charged with a weapon offence

If you are arrested on a weapon or firearm charge, the most important things you can do are to exercise your right to silence and to speak with a lawyer before answering any questions. Do not try to explain, justify, or talk your way out of the situation, because anything you say can be used to prove knowledge and control of the weapon, two of the elements the Crown must establish. Do not consent to any search that is not backed by a warrant or a clear legal power. Note down everything you remember about the stop, the search, and what the officers said while it is fresh, and share it with your lawyer. Acting carefully in the first hours can protect defences that would otherwise be lost.

Why experienced representation matters

Because weapon offences combine mandatory minimums, evolving case law, and complex Charter issues, the lawyer you choose makes a real difference. Sourena Sarbazevatan stays current with developments in this fast-moving area and builds a focused defence around the specific facts of your case, serving clients in English and Persian.

Contact us

---

View all practice areas