Toronto Weapon Offence Lawyer

Updated 21 October 2026

A weapon offence is a charge under Part III of the Criminal Code, from carrying a concealed knife to possessing a loaded handgun. Most carry maximums of five to 14 years. The most serious gun charges reverse the burden at bail, and a conviction can bring a weapons prohibition lasting ten years or for life.

What counts as a weapon offence in Canada?

Part III of the Criminal Code (sections 84 to 117.15) holds almost all the firearm and weapons offences. Robb defends all weapons offences under it, from a pocket knife found in a search to a loaded handgun in a car. Before anything else, the charge depends on what the object is in law, and the Code sorts weapons into categories that carry different consequences.

• Firearm. Under s. 2, a barrelled weapon that can discharge a shot, bullet or other projectile and is capable of causing serious bodily injury or death. It includes a frame or receiver, and anything that can be adapted for use as a firearm.
• Prohibited firearm. Under s. 84, this includes a handgun with a barrel of 105 mm or less or one built for .25 or .32 calibre, a rifle or shotgun sawed off below set lengths, an automatic firearm, an unlawfully manufactured firearm, and any model the regulations prohibit.
• Restricted firearm. Any other handgun, some short semi-automatic centre-fire firearms, and models prescribed as restricted.
• Prohibited weapon. A knife whose blade opens automatically by gravity, centrifugal force or a button or spring in the handle, and any other weapon the regulations prohibit.
• Prohibited device. A silencer, a handgun barrel of 105 mm or less, prescribed cartridge magazines, and a replica firearm.

"Weapon" itself is much broader. Section 2 defines it as anything used, designed to be used or intended for use to cause death or injury, or to threaten or intimidate. A kitchen knife, a bat or a tool can be a weapon depending on why the person had it. That is the definition behind most non-firearm charges.

What are the gun possession charges?

Three sections cover most firearm possession cases in Toronto.

• Unauthorized possession, s. 91. Possessing a firearm without a licence, or a prohibited or restricted firearm without a licence and a registration certificate. It also covers prohibited weapons, prohibited devices and prohibited ammunition. It is a hybrid offence with a maximum of five years on indictment.
• Knowing unauthorized possession, s. 92. The same conduct where the person knows they do not hold the licence or certificate. It is indictable only, with a maximum of 10 years.
• Loaded prohibited or restricted firearm, s. 95. Possessing a loaded prohibited or restricted firearm, or an unloaded one with readily accessible ammunition, in any place, without the authorization or licence for that place and the registration certificate. This is the usual charge when a handgun is found with ammunition. It is hybrid, with a maximum of 14 years on indictment.

Section 95 no longer carries a mandatory minimum. The Supreme Court of Canada struck down its three- and five-year minimums in R. v. Nur, 2015 SCC 15, and Parliament repealed them in 2022 (S.C. 2022, c. 15, formerly Bill C-5). The same Act repealed the minimums for s. 92 and for using a firearm in an offence under s. 85. The section was amended again by the 2023 firearms Act (S.C. 2023, c. 32), and its maximum on indictment now reads 14 years.

The removal of the minimum matters at sentencing. A judge can now consider the full range, including a conditional sentence, where the facts and the person's background justify it. It does not make these charges minor. Section 95 is on the bail reverse-onus list, and a conviction brings a mandatory weapons prohibition.

Our guide to firearm charges under sections 91, 92 and 95 compares the three possession charges in detail.

Weapons offences and penalties at a glance

Criminal Code ss. 85 to 100, 244, 244.2, 730 and 787. Summary convictions carry up to two years less a day, a $5,000 fine, or both. Current to the laws-lois consolidation of 30 September 2026.

What does the Crown have to prove for gun possession?

Possession has a legal meaning, set out in s. 4(3), and it is often the whole case. It comes in three forms:

• Personal possession: the item is on you or in your hands.
• Constructive possession: you knowingly keep it in a place, such as a car, a locker or an apartment, for your own use or someone else's.
• Joint possession: one person has it with the knowledge and consent of the others, and each of them is deemed to possess it.

In R. v. Morelli, 2010 SCC 8, the Supreme Court confirmed that knowledge and control are essential elements of both personal and constructive possession. For personal possession, the accused must know they have physical custody of the thing and know what it is. Constructive possession requires knowledge of what the object is, knowingly keeping it in a particular place, and intending to have it there for someone's use or benefit.

For joint possession, the Court held in R. v. Terrence, [1983] 1 SCR 357 that knowledge and consent are not enough without some measure of control. That is why so many Toronto gun cases turn on who was where. A handgun under the seat of a car with four people in it, or in a closet of a shared apartment, does not automatically belong to everyone present. The Crown has to prove knowledge and control for each accused, usually through fingerprints, DNA, statements, phone evidence or the layout of the space.

What if a gun was used, pointed or fired?

Using, pointing or discharging a firearm is charged separately from possessing it, and the penalties are heavier.

• Using a firearm in an offence, s. 85. Using a firearm, or an imitation firearm, while committing or attempting an indictable offence, or while fleeing afterwards. The maximum is 14 years, and the sentence must be served consecutively to any other sentence for the same events. Some offences, including robbery and extortion, are excluded from s. 85(1).
• Pointing a firearm, s. 87. Pointing a firearm at someone without lawful excuse, loaded or not. Hybrid, with a maximum of five years.
• Discharging a firearm with intent, s. 244. Firing at a person with intent to wound, maim, disfigure, endanger life, or prevent an arrest. Maximum 14 years.
• Reckless discharge, s. 244.2. Intentionally firing into or at a building or vehicle knowing or being reckless as to whether someone is there, or firing while reckless as to another person's safety. Maximum 14 years.

Sections 244 and 244.2 still carry mandatory minimums where a prohibited or restricted firearm was used or the offence was committed for a criminal organization: five years for a first offence and seven for a second. An earlier firearm conviction counts as a prior only if it came within 10 years, not counting time in custody. In any other case there is no minimum.

Is a knife a weapon? Concealed and dangerous-purpose charges

Most weapons charges in Toronto do not involve guns. Two sections account for most of the others.

• Possession of a weapon for a dangerous purpose, s. 88. Carrying or possessing a weapon, an imitation of one, a prohibited device or ammunition for a purpose dangerous to the public peace or to commit an offence. Hybrid, with a maximum of 10 years. The Crown must prove the purpose, not just the possession.
• Carrying a concealed weapon, s. 90. Carrying a weapon, prohibited device or prohibited ammunition concealed, unless authorized under the Firearms Act. Hybrid, with a maximum of five years.

Whether a knife is a weapon depends on the facts. A knife carried for work or for cutting things is a tool. The same knife carried for protection, or pulled out during an argument, can become a weapon because of the intended use. An automatic or gravity knife is different: it is a prohibited weapon by definition, and possessing one without a licence can be charged under s. 91 regardless of purpose. These charges are often laid alongside assault with a weapon, and the facts of the alleged incident drive all of them.

In R. v. Hoang, a client charged with aggravated assault, assault with a weapon and possession of a dangerous weapon retained Robb one week before trial. He was acquitted on all counts.

Read the full R. v. Hoang case result.

What about careless storage and transport?

Licensed owners can be charged too. Section 86(1) makes it an offence to use, carry, handle, ship, transport or store a firearm, prohibited or restricted weapon, prohibited device or ammunition carelessly or without reasonable precautions for others' safety. Section 86(2) makes it an offence to break the storage, transport and display regulations made under the Firearms Act. Both are hybrid, with a maximum of two years on indictment for a first offence and five years for a later one. A discharge is available, which matters for hunters and sport shooters whose licences are at stake.

What is weapons trafficking?

Section 99 makes it an offence to manufacture, transfer or offer to transfer a firearm, weapon, prohibited device, firearm part or ammunition knowing it is not authorized. Section 100 covers possessing those things for the purpose of transferring them. "Transfer" is defined widely in s. 84: it includes selling, giving, lending, renting, sending, transporting and delivering, with or without payment.

Where the object is a firearm, firearm part, prohibited device or ammunition, both offences carry a maximum of 14 years and a mandatory minimum of three years for a first offence and five years for a second. For other weapons the maximum is 14 years with no minimum. Because of the minimum, neither a discharge nor a conditional sentence is available on firearm trafficking.

Can you get bail on a gun charge in Toronto?

Yes, but for the most serious firearm charges the law puts the burden on the accused. Under s. 515(6), the accused must show why detention is not justified if charged with:

• an offence under s. 95, 98 or 98.1 (breaking and entering or robbery to steal a firearm), 99, 100, 102 (making an automatic firearm) or 103 (importing or exporting);
• discharging a firearm under s. 244 or 244.2, or attempted murder, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery or extortion allegedly committed with a firearm;
• any weapons offence allegedly committed while under a weapons prohibition order;
• a violent offence with a weapon, where the person was convicted of another violent weapons offence within 10 years, if both carry 10 years or more.

Since 15 July 2026, the Bail and Sentencing Reform Act (formerly Bill C-14) requires the accused in a reverse-onus case to show cause "by clearly demonstrating that their proposed release plan addresses the risks." The same Act widened the repeat weapons-violence rule from five years to ten. A detailed plan is now the centre of a gun bail hearing: where the person will live, who will supervise them, and how each concern about attendance, public safety and confidence in the justice system is met.

A charge under s. 91, 88 or 90 alone is not on the reverse-onus list, so the Crown usually has to justify detention, unless another trigger applies, such as being on release for another indictable offence. On any weapons charge, the justice must add a condition prohibiting firearms and weapons to a release order unless it is not needed for anyone's safety (s. 515(4.1)).

Our guide to the 2026 bail changes explains what families acting as sureties need to know.

The bail hearing page covers how release is decided in Toronto.

What are the common defences to a weapons charge?

The defence depends on how the weapon was found and who it is linked to. These are the issues that most often decide a case:

• An unlawful search. Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search or seizure. Many gun cases begin with a traffic stop, a street detention or a search warrant. If the stop had no lawful basis, the search went beyond what the law allowed, or the warrant should not have issued, the court can exclude the weapon under s. 24(2), and the case often ends there.
• The right to counsel. Under s. 10(b), a detained person must be told of the right to a lawyer and given the chance to use it. Statements taken in breach can be excluded.
• Knowledge and control. Being near a weapon is not possession. The Crown must prove the accused knew it was there, knew what it was and had some control over it.
• Constructive and joint possession. In shared cars, homes and bags, the evidence against each person has to be assessed separately.
• Identification. When a weapon is seen rather than seized, the case can rest on witnesses who saw something for seconds, at night or under stress.
• What the object is. The Crown must prove that a firearm meets the legal definition and, where it matters, that it is prohibited or restricted. Under s. 84(3), some low-powered barrelled devices are deemed not to be firearms for the possession and trafficking offences.
• Purpose and lawful excuse. Section 88 requires proof of a dangerous purpose, and ss. 86, 87 and 89 all allow for a lawful excuse.

Identification was the issue in R. v. Kidane, an armed robbery with a firearm tried before a jury in the Superior Court in 2013. Three Toronto police officers testified that they saw the robbery from a surveillance van about twenty feet away. Robb's cross-examination exposed inconsistencies in their accounts, and the jury acquitted on all charges.

Read the full R. v. Kidane case result.

Can you get a conditional sentence or a discharge?

On many weapons charges, yes. A conditional sentence lets a sentence of less than two years be served in the community. Under s. 742.1, it is available if the court is satisfied it would not endanger the community, the offence has no minimum term, and the offence is not on the excluded list. The excluded list includes criminal organization offences prosecuted by indictment with a maximum of 10 years or more. Since the 2022 repeal of the minimums, a conditional sentence can be considered for s. 95, though in practice it depends heavily on the facts and the person. It is not available for firearm trafficking, or for discharging a prohibited or restricted firearm, because those still carry minimums.

A discharge under s. 730 means a finding of guilt with no conviction. It is not available for offences punishable by 14 years or for those with a minimum, which rules out ss. 85, 95, 99, 100, 244 and 244.2. It is available for unauthorized possession under s. 91, careless storage under s. 86, pointing under s. 87, dangerous purpose under s. 88 and carrying a concealed weapon under s. 90.

What is a weapons prohibition order?

A finding of guilt on a weapons charge usually brings one, or at least requires the court to consider one. A discharge counts the same way as a conviction for this purpose.

• Mandatory orders, s. 109. Required after a conviction or discharge for ss. 85, 95, 99, 100, 102, 103 and some other firearm offences; for an indictable violent offence with a maximum of 10 years or more; for violence against an intimate partner, their child or parent, or someone living with them; for certain drug trafficking offences; and for any weapons offence committed while already prohibited. On a first offence, the order lasts at least 10 years after release for ordinary firearms and for life for prohibited and restricted firearms and prohibited weapons. On a second offence it is for life.
• Discretionary orders, s. 110. For other violent offences and other weapons offences, the court must consider whether an order is desirable for anyone's safety. It can last up to 10 years after release, or for life where intimate partner violence is involved. If the court declines to make one, it must give reasons.

Possessing anything covered by an order is a separate offence under s. 117.01, with a maximum of 10 years. For hunters, sport shooters and anyone whose job requires carrying or handling a firearm, the prohibition can matter as much as the sentence.

How does a weapons conviction affect immigration and travel?

• Immigration status in Canada. Under s. 36 of the Immigration and Refugee Protection Act, a permanent resident or foreign national is inadmissible for serious criminality if convicted of an offence with a maximum of 10 years or more, or sentenced to more than six months. Hybrid offences count as indictable even if the Crown proceeded summarily. That captures ss. 88, 92, 95 and 117.01 whatever the sentence. Foreign nationals face a wider test that reaches any hybrid or indictable conviction. Non-citizens should raise this before any plea discussion.
• Travel. Entry to the United States and other countries is decided under their own law, and a weapons or violence conviction can lead to refusal. Get advice from a US immigration lawyer before travelling.
• Clearing the record. A record suspension can be applied for five years after a summary sentence is completed and ten years after an indictable one, under s. 4 of the Criminal Records Act.

Our record suspension guide explains the application.

Experience in Major Gun and Gang Cases

One of Robb's notable cases involved the defence of an individual charged in Project Fusion, a large multi-jurisdictional operation led by the Toronto Police Service's Gun and Gang Task Force. The operation involved more than 1,000 officers across the province and targeted alleged members and associates of criminal organizations, with search warrants executed at roughly 100 homes and 61 vehicles in Toronto, York Region, Peel Region and Durham Region.

Robb's client was arrested on weapons, robbery and drug-related charges. During the client's preliminary inquiry, Robb challenged the Crown on the basis that there was insufficient evidence to commit his client to trial. Before the inquiry concluded, he successfully negotiated to have all charges against his client withdrawn, even as many co-accused in the same project continued to face prosecution.

How Robb defends weapons charges

Robb MacDonald has practised criminal defence for more than 20 years. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. On a weapons file his work usually includes:

• The bail plan first. On a reverse-onus charge, the release plan has to be built before the hearing, with sureties and supervision that answer each risk.
• The search. A close review of the stop, the detention, the warrant and the information used to get it, because that is where many gun cases are won.
• The forensic evidence. Fingerprints, DNA, firearm testing and phone records, measured against what the Crown has to prove about knowledge and control.
• Resolution or trial. Where it serves the client, a withdrawal or a plea to a charge without a minimum or a lifetime prohibition. Otherwise, a trial that holds the Crown to its burden.

If you have been charged, do not discuss the allegation with police, co-accused or anyone else, and do not post about it. You have the right to remain silent and the right to a lawyer. If a young person is charged, the youth rules apply, and our page on youth criminal charges explains them.

More outcomes are on the case results page. If you are facing a weapon or firearm charge in Toronto, call (416) 315-1505, day or night. Consultations are free and confidential.