Firearms Charges in Winnipeg? Protect Your Rights with Expert Legal Defence

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 carries a 3-year minimum. Weapons trafficking carries a 3-year minimum. Using a firearm in commission of an indictable offence carries a 1-year minimum. Discharging a firearm with intent to injure carries a 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.

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, and 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.