Firearms charges carry some of the most serious penalties in Canadian criminal law. Even possession of a firearm without a license is a felony. Unsafe storage is a separate offence. Trafficking firearms carries mandatory minimum sentences of 3 years jail. And if a firearm is used in commission of another crime, the penalties escalate dramatically.

But firearms law is technical and complex. Many firearms charges involve subtle questions about intent, knowledge, and lawful authority. Police make mistakes in how they seize firearms or conduct investigations. Charter rights violations are common in firearms cases.

Jason Malloy has successfully defended firearms charges throughout Manitoba. He knows the Firearms Act, the Criminal Code, and common police errors in these cases.

Understanding Firearms and Weapons Charges

Unauthorized Possession of Firearm:
Possessing a firearm without a valid Possession and Acquisition License (PAL). This includes handguns, rifles, shotguns, and other restricted or prohibited firearms.
Penalties: up to 10 years jail on indictment.

Unauthorized Possession of Prohibited Firearm:
Possessing a firearm on the prohibited list—most handguns, certain rifles, sawed-off shotguns, automatic weapons.
Penalties: minimum 3 years jail.

Unsafe Storage:
Storing a firearm contrary to safe storage regulations. Firearms must be stored unloaded, locked, and separate from ammunition.
Penalties: up to 2 years jail.

Careless Use of a Firearm:
Using a firearm in a manner that’s careless and causes danger to public safety.
Penalties: up to 2 years jail.

Weapons Trafficking:
Selling, transferring, or distributing firearms without authorization.
Penalties: mandatory minimum 3 years jail.

Carrying a Weapon Concealed:
Carrying a firearm, prohibited weapon, or explosive with intent to use against a person.
Penalties: up to 10 years jail.

Mandatory Minimums in Firearms Cases

Unlike many criminal offences, some firearms charges carry mandatory minimum sentences that judges cannot reduce.

• Prohibited firearm possession: 3-year minimum
• Weapons trafficking: 3-year minimum
• Using a firearm in commission of an indictable offence: 1-year minimum
• Discharging a firearm with intent to injure: 5-year minimum

Mandatory minimums mean judges have no discretion—even first-time offenders with strong character references may face years in jail.

Possible Defences to Firearms Charges

Lack of Knowledge:
You can’t be convicted of possession if you didn’t know the firearm was present. If someone secretly placed a firearm in your vehicle or home without your knowledge, you may have a defence.

Authorization or License:
If you actually had a valid PAL, the unauthorized possession charge fails. We review your licensing history and documentation.

Charter Rights Violations:
Firearms are often seized during searches. If the search was conducted without proper warrant or grounds, the firearm evidence may be excluded.

Mistaken Identity:
Sometimes police charge the wrong person. If there’s reasonable doubt about who actually possessed the firearm, we argue mistaken identity or alibi.

Entrapment:
If an undercover officer encouraged you to possess or traffic firearms you wouldn’t have otherwise obtained, entrapment may apply.

Firearms Licensing and Storage Laws in Canada

Canadian firearms law is governed primarily by the Firearms Act and Part III of the Criminal Code. To legally possess any firearm, you must hold a valid Possession and Acquisition Licence (PAL). Non-restricted firearms such as most rifles and shotguns require a standard PAL, while restricted firearms including most handguns and certain semi-automatic rifles require a Restricted PAL with additional conditions. Prohibited firearms — fully automatic weapons, sawed-off shotguns, and certain other categories — cannot be legally acquired by most individuals.

Canadian firearms law is governed primarily by the Firearms Act and Part III of the Criminal Code. To legally possess any firearm, you must hold a valid Possession and Acquisition Licence (PAL). Non-restricted firearms such as most rifles and shotguns require a standard PAL, while restricted firearms including most handguns and certain semi-automatic rifles require a Restricted PAL with additional conditions. Prohibited firearms — fully automatic weapons, sawed-off shotguns, and certain other categories — cannot be legally acquired by most individuals.

Storage requirements are strict and frequently the basis for criminal charges. Non-restricted firearms must be stored unloaded with a secure locking device or in a locked container. Restricted firearms must be stored unloaded, with a secure locking device, and in a locked container or vault. Ammunition must be stored separately or locked. Failure to comply with these requirements is a criminal offence under Section 86 of the Criminal Code, even if no one was harmed and even if you hold a valid PAL. Many firearms charges in Winnipeg arise from technical storage violations rather than violent offences.

Storage requirements are strict and frequently the basis for criminal charges. Non-restricted firearms must be stored unloaded with a secure locking device or in a locked container. Restricted firearms must be stored unloaded, with a secure locking device, and in a locked container or vault. Ammunition must be stored separately or locked. Failure to comply with these requirements is a criminal offence under Section 86 of the Criminal Code, even if no one was harmed and even if you hold a valid PAL. Many firearms charges in Winnipeg arise from technical storage violations rather than violent offences.

Challenging Mandatory Minimum Sentences for Firearms Offences

Many firearms offences carry mandatory minimum sentences that judges cannot go below. Unauthorized possession of a loaded restricted or prohibited firearm carries a mandatory minimum of three years for a first offence and five years for subsequent offences. Possession of a firearm obtained by crime carries a mandatory one-year minimum. These mandatory minimums make firearms charges among the most serious in the Criminal Code.

Many firearms offences carry mandatory minimum sentences that judges cannot go below. Unauthorized possession of a loaded restricted or prohibited firearm carries a mandatory minimum of three years for a first offence and five years for subsequent offences. Possession of a firearm obtained by crime carries a mandatory one-year minimum. These mandatory minimums make firearms charges among the most serious in the Criminal Code.

However, the Supreme Court of Canada has struck down several mandatory minimums as unconstitutional under Section 12 of the Charter, which prohibits cruel and unusual punishment. In R v Nur (2015), the Court invalidated the mandatory minimum for possession of a loaded prohibited firearm in certain circumstances. A skilled defence lawyer will assess whether a constitutional challenge to the mandatory minimum is viable in your case, potentially opening the door to a proportionate sentence that reflects your actual circumstances rather than a one-size-fits-all penalty.

However, the Supreme Court of Canada has struck down several mandatory minimums as unconstitutional under Section 12 of the Charter, which prohibits cruel and unusual punishment. In R v Nur (2015), the Court invalidated the mandatory minimum for possession of a loaded prohibited firearm in certain circumstances. A skilled defence lawyer will assess whether a constitutional challenge to the mandatory minimum is viable in your case, potentially opening the door to a proportionate sentence that reflects your actual circumstances rather than a one-size-fits-all penalty.

Frequently Asked Questions About Firearms Charges

What happens if police find an unregistered firearm in my home?

Possessing a firearm without a valid licence or registration is a criminal offence under Section 91 of the Criminal Code. If police discover an unregistered firearm during a search, you could face charges for unauthorized possession, which carries up to five years imprisonment for a first indictable offence. However, how police discovered the firearm matters enormously. If the search was conducted without a warrant or proper legal authority, the evidence may be excluded under the Charter. Your lawyer will scrutinize the circumstances of the search and the basis for any warrant to identify potential defences.

Possessing a firearm without a valid licence or registration is a criminal offence under Section 91 of the Criminal Code. If police discover an unregistered firearm during a search, you could face charges for unauthorized possession, which carries up to five years imprisonment for a first indictable offence. However, how police discovered the firearm matters enormously. If the search was conducted without a warrant or proper legal authority, the evidence may be excluded under the Charter. Your lawyer will scrutinize the circumstances of the search and the basis for any warrant to identify potential defences.

Can I lose my firearms licence without being convicted?

Yes. The Chief Firearms Officer (CFO) can revoke your PAL independently of any criminal proceedings. Licence revocation can be triggered by a criminal charge even before conviction, a protection order, a complaint from a spouse or former partner, concerns about mental health, or any behaviour the CFO considers a risk to public safety. If your licence is revoked, you must surrender all firearms immediately. You have the right to a review hearing before a provincial court judge. A lawyer experienced in firearms law can represent you at this hearing and argue for retention or reinstatement of your licence.

What is a firearms prohibition order?

A firearms prohibition order under Section 109 or 110 of the Criminal Code prohibits you from possessing any firearms, ammunition, or explosives for a specified period. A mandatory prohibition under Section 109 applies automatically upon conviction for certain offences including assault with a weapon, sexual assault, and drug trafficking. It lasts 10 years for a first offence and life for subsequent offences. A discretionary prohibition under Section 110 can be imposed for any offence involving violence or threats. Violating a prohibition order is a separate criminal offence carrying up to 10 years imprisonment.

Why You Need a Criminal Defence Lawyer

Firearms charges are serious. Police take these cases very seriously. The Crown will push for conviction. And if you’re convicted, mandatory minimum sentences mean real jail time.

A criminal defence lawyer will:

• review the Crown’s evidence for Charter violations and police procedure errors
• investigate how the firearm was obtained and stored
• challenge assumptions about your knowledge or intent
• understand the licensing and regulatory issues involved

Get Help Immediately

If you’ve been arrested for a firearms charge, call a lawyer immediately. Evidence can be preserved, your rights can be protected, and defences can be identified—but only if you act quickly.

Contact Jason Malloy at 204-784-3047 for your free consultation. He’s available 24/7 to help you.‍