With most firearms and weapons offences under Part III Firearms and Other Weapons, sections 84 to 117.15, the police and prosecutors will push for harsh penalties, including:

  • Mandatory jail sentences for some offences.
  • Firearms and weapons prohibitions (permanent, in some cases).
  • A lifelong criminal record.

Our firearms and weapons lawyers will immediately begin work to protect your record and your future by scrutinizing the Crown’s evidence.

We have defended over 10,000 cases over the past two decades, and our success rate in criminal cases is well-supported by:

  • Three Best Rated® distinction for 8 consecutive years.
  • Consumer Choice recognition (twice).
  • Over 700 5-star Google reviews.
  • BBB A+ rating.

What to do next if you’re charged with a firearm or weapons offence

  1. Exercise your right to silence: Do not try to explain why you have the weapon to the Calgary Police Service.
  2. Document the scene: If there has been a search, photograph your home immediately after the police leave to document any damage or entry points.
  3. Identify your weapon’s PAL status: If relevant, determine if your Possession and Acquisition Licence has expired or been misplaced.
  4. Exercise your Section 10(b) right to legal counsel: At the earliest opportunity, contact a firearms and weapons offence lawyer from Strategic Criminal Defence.

Contact us for a free, no-obligation consultation.

What are firearms and weapons charges, and how could they impact your future?

Besides the Criminal Code, ss. 84 to 117.15, the other main legislation concerning the use of firearms in Canada is the Firearms Act.

Weapons and firearms offence charges relate to:

  • The illegal possession of guns or other regulated weapons.
  • The illegal use of guns or other regulated weapons.
  • The illegal storage of guns or other regulated weapons.
  • The illegal trafficking of guns or other regulated weapons.

These are all serious offences that require seasoned legal representation to prevent potentially life-changing consequences. 

What’s the difference between restricted, prohibited, and non-restricted firearms in Canada?

There are three main classifications of guns in Canada:

  1. Non-restricted firearms: These include most shotguns and hunting rifles that people use every day, with the fewest regulations. However, you still need a valid PAL (Possession and Acquisition Licence) to own them legally.
  2. Restricted firearms: Some handguns and semi-automatic rifles, for which you need a special PAL with a restricted firearms endorsement, registration for each gun, and special Authorization to Transport (ATT) permits to move them. 
  3. Prohibited: fully automatic weapons, guns with barrels shorter than 105mm, and certain models that are banned by name. Most people can’t own these legally, except in very rare cases.

Remember, even the possession of a non-restricted weapon can lead to a criminal charge if you don’t have the correct authorization to possess it. We will strive to prevent your right to possess that weapon from being taken away, and other consequences.

Typical examples of firearms and weapons offences in Calgary

In Calgary, you could be charged with a firearms or weapons offence for any of the following types of situations: 

  • Illegal possession: The police find a loaded gun in your car during a routine traffic stop. The handgun is a restricted firearm, and even though you have a valid PAL, you don’t have an Authorization to Transport the gun or a safe place to keep it when it’s loaded.
  • Illegal storage: You return from a hunting trip and leave a loaded shotgun (for which you have a valid licence) in the trunk of your car overnight. A neighbour calls the police after seeing the firearm through the window.
  • Trafficking: Police execute a search warrant on your Calgary storage unit and discover dozens of prohibited weapons, including brass knuckles and push daggers, packaged for distribution.
  • Illegal use: During a dispute outside a Calgary nightclub, you pull out a folding knife and threaten another patron. Even though no one is injured, brandishing a blade in a threatening manner constitutes assault with a weapon.

Most weapons offences in Canada are ‘hybrid’ crimes: the Crown can choose to proceed with a summary conviction or an indictment, depending on how serious the crime is. 

The distinction has a huge impact on the potential criminal sentencing for the offence:

OFFENCE CHARGE TYPE SUMMARY CONVICTION INDICTABLE NOTES
Unauthorized possession of a firearm (s. 91) Hybrid Up to 2 years less a day Up to 5 years Applies where no valid licence or registration (even for non-restricted items)
Possession contrary to prohibition order (s. 117.01) Hybrid Up to 2 years less a day Up to 10 years Prior order must be in effect
Unsafe storage of a firearm (s. 86) Hybrid Up to 2 years less a day Up to 5 years (2nd offence) Mandatory minimum may apply on indictment with prior offence
Carrying a concealed weapon (s. 90) Hybrid Up to 2 years less a day Up to 5 years Includes prohibited and restricted weapons
Possession of a weapon for dangerous purpose (s. 88) Hybrid Up to 2 years less a day Up to 10 years Intent is a key element; broad range of objects
Carrying a weapon at a public meeting (s. 89) Summary Up to 2 years less a day — Summary only offence
Trafficking in firearms (s. 99) Indictable — Up to 14 years; min. 1 year (prohibited/restricted item(s)) * One of the most serious firearms offences
Possession for the purpose of trafficking (s. 100) Indictable — Up to 10 years; min. 1 year (prohibited/restricted item(s)) * Mirrors trafficking in seriousness
Importing/exporting firearms unlawfully (s. 103-104) Indictable — Up to 14 years; min. 1 year (prohibited/restricted item(s)) * Cross-border movement without authorisation
Robbery with a firearm (s. 344) Indictable — Up to life; min. 4 years (restricted/prohibited firearm) * Mandatory minimum varies with firearm type and circumstances
Assault with a weapon (S. 267) Hybrid Up to 2 years less a day Up to 10 years Covers any weapon, including non-firearms

*Mandatory minimum sentences for weapons and firearm offences are regularly amended, due to Charter challenges and cases like R v Nur (2015). Check the potential penalties with your Strategic Criminal Defence lawyer.

Our goal is to pursue the best possible outcome for you, whether that means challenging the charge, negotiating a resolution, or minimizing consequences if a conviction cannot be avoided.

How can a firearms or weapons conviction affect your future?

The reputational damage from a weapons conviction can affect personal relationships, community ties, and business reputation long after any sentence is served. You also face the following:

  • Criminal record: a conviction creates a permanent criminal record.
  • Firearms prohibition: courts routinely impose orders prohibiting the possession of any firearm, crossbow, or prohibited weapon for years or permanently.
  • Employment consequences: many industries, including security, law enforcement, military, finance, and government, require clean criminal records.
  • Professional licencing: regulated professions, such as law, medicine, and teaching, may refuse to licence or discipline an existing member with a weapons conviction.
  • Travel restrictions: a Canadian criminal record can bar entry to the United States and many other countries, with serious implications for work and personal travel.
  • Immigration consequences: non-citizens face possible deportation or loss of permanent resident status, and newcomers may be deemed inadmissible to Canada.
  • Child custody and family law: a weapons conviction can be used against you in custody or access proceedings, particularly where children’s safety is raised as an issue.
  • Civil liability: a criminal conviction can be used as evidence in related civil proceedings, increasing exposure to damages claims from injured parties.

How will we secure your release after arrest?

If you’re investigated, arrested, and charged with a weapons or firearms offence, your release before trial is far from certain.

Seeking legal assistance immediately gives you the best chance of being heard properly at your bail hearing.

You may be held at the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) or the Calgary Remand Centre next door. We will immediately work to secure your release from custody by:

  • Engaging with Crown counsel early.
  • Identifying the strongest grounds for bail.
  • Preparing a compelling release plan if necessary. 

Your bail hearing is normally held by video. We must be ready to:

  • Challenge your detention (which the Prosecution may push for).
  • Propose appropriate sureties and conditions.
  • Advocate for the least restrictive release terms possible.

This will enable you to return to your family and prepare your defence from outside custody.

What is ‘reverse onus’ and how could it affect your bail?

In most criminal cases, the Crown must show cause why you should be kept in custody. The Criminal Code reverses this burden if you are charged with an offence involving:

  • A firearm, while already subject to a firearms prohibition order.
  • A serious offence, such as trafficking or importing firearms.

In such cases, you must show the court why your detention is not justified. 

Our experienced lawyers are ready for this eventuality. We will prepare a compelling release plan and address the court’s concerns around public safety.

What are the typical conditions of release for weapons and firearm offences?

A series of bail conditions will be imposed on you if released:

CONDITION WHAT IT MEANS IN PRACTICE TYPICALLY APPLIES
Weapons prohibition No possession of any firearm, prohibited weapon, or related item — including knives, crossbows, and pepper spray. All firearms must be immediately surrendered to the police. All weapons charges
Stay away from firearms-related premises No attending gun shops, hunting stores, shooting ranges, or any premises where firearms or ammunition are sold, stored, or used. All weapons charges
Regular reporting Must check in with a bail supervisor or probation officer on a fixed schedule, typically weekly in person or by phone. All weapons charges
House arrest or curfew Required to remain at home except for approved purposes such as work, medical appointments, legal meetings, or court attendance. Serious or violent offences; gang-related charges
No contact with co-accused or associates Prohibited from communicating with anyone else charged in relation to the offence, anyone with a criminal record, or anyone with known gang ties. Serious or gang-related charges
Passport surrender and travel restrictions Passport may be seized and travel outside Canada prohibited. Any change of address, employment, or contact information must be reported to a bail supervisor. Trafficking, smuggling, or flight risk cases

Your lawyer will explain how to comply with these conditions. Following your lawyer’s instructions is essential to avoid breaching conditions and:

  1. Having your bail revoked.
  2. Attracting a new criminal charge under Section 145.

How will we defend your firearms or weapons charge in court?

Our firearms and weapons offence lawyers are highly experienced at:

  • Negotiating alternative resolutions to criminal convictions.
  • Identifying weaknesses in the evidence against defendants.
  • Finding Charter breaches that can make evidence inadmissible.
  • Introducing experts to examine the Crown’s technical evidence.
  • Cross-examining police and other witnesses at trial.

If successful, these strategies can significantly improve the outcome for you.

Can you avoid a criminal trial for a firearms offence?

Not every firearm or weapons charge proceeds to a full criminal trial. Depending on the strength of the Crown’s case and the circumstances of your arrest, there may be opportunities to resolve the matter earlier:

  • Crown counsel may agree to withdraw or reduce charges where:
    • The evidence is weak.
    • A Charter breach has compromised key evidence.
    • Mitigating factors make a prosecution difficult to justify in the public interest. 
  • In some cases, a peace bond or alternative measures may be available, particularly for first-time offenders facing less serious charges. 

Your Strategic Criminal Defence lawyer will assess every available option before a trial becomes necessary.

How can the disclosure package help your case?

The disclosure package, obtained at the first court appearance, usually contains:

  • Police reports.
  • Witness statements.
  • Video footage.
  • Any other evidence against you.

An early and thorough review of the Crown’s evidence against you (disclosure) is essential to identify weaknesses in the case against you.

At this early stage, we often work with the Crown to make important decisions about your case, and if in your interests, prevent a trial.

What defences do we use in firearms and weapons cases?

Depending on the charge and the circumstances, we might employ any of the following defence strategies:

DEFENCE HOW IT WORKS COMMONLY APPLIES TO
Charter breach: unlawful search or seizure If police searched your home, vehicle, or person without a valid warrant or reasonable grounds, a court may exclude the evidence obtained under s. 8 of the Charter. Possession charges; traffic stop discoveries; residential searches
Charter breach: arbitrary detention If police stopped or detained you without lawful justification before discovering a weapon, any evidence flowing from that detention may be excluded under s. 9 of the Charter. Street-level stops; vehicle stops; carding situations
Valid authorisation or licence Holding a valid PAL, a registration certificate for a restricted firearm, or an Authorization to Transport (ATT) may provide a complete answer to a possession charge. Unauthorized possession; unsafe storage; transport offences
Lack of knowledge or control If the weapon belonged to someone else, was placed in your space without your knowledge, or was found in a shared vehicle or residence, the Crown may be unable to prove you knowingly possessed it. Possession charges; shared vehicle or residence cases
Honest but mistaken belief A genuine and reasonable belief that you were authorised to possess or transport a firearm may negate the element of "mens rea" (criminal intent) required for the offence. Regulatory and licencing offences
Necessity or duress In narrow circumstances, possessing a weapon because there was no reasonable legal alternative, such as an immediate threat to safety, may provide a defence. Possession in extreme or threatening circumstances
Challenging identification evidence The Crown must prove beyond a reasonable doubt that you were the person in possession. Weak witness evidence or unclear surveillance footage can be effectively challenged at trial. All weapons and firearms charges

Successful firearms and weapons offence cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 751805

Our client was arrested for Unauthorized Possession of a Prohibited or Restricted Weapon and Possession of a Weapon for Dangerous purposes when he was pulled over by the police for having tinted windows. Upon approaching the vehicle to issue the ticket for the tinted windows, the police looked into the passenger’s seat of our client’s vehicle and saw a can of mace and a large knife. The police then immediately arrested our client and searched his vehicle incident to the arrest. During the search, they found another can of mace, masks, and another folding knife that extended into a multi-point weapon.

Upon being retained we ordered and reviewed our client’s disclosure and identified all evidentiary weaknesses and Charter breaches prior to negotiating with the Crown Prosecutor. We then used the issues we had identified to persuade the Crown to divert our client to the Alternative Measures Program. Once our client had successfully completed the program, the charges against him were withdrawn.

Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 00040381

Our client was charged with several weapons offences, including possession of a loaded handgun in a vehicle. Despite being a youth accused, he was potentially facing lengthy incarceration. He was clear that he was in the wrong place at the wrong time.

Joseph Beller combed through the file and found several pieces of evidence that supported our client’s version of events. He met with the assigned Crown prosecutors a number of times to explain the situation from our client’s perspective and provide detailed information about our client’s background. As a result, he was able to negotiate a plea that only resulted in short probation for the client and no jail time.

Successful Result: Probation; No Jail Time

Testimonials

Dedicated firearms and weapons offence lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide firearms and weapons defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Yes. Under the Storage, Display, Transportation, and Handling of Firearms by Individuals Regulations, firearms must be stored unloaded and secured with a locking device or in a locked container. Storing a loaded firearm, or storing a firearm in a way that makes it readily accessible alongside ammunition, can constitute careless storage under s. 86 of the Criminal Code, even if no harm results.

When a weapon is found in a car, the Crown will often argue that everyone in the car knew the weapon was there and had some degree of control over it (s. 94 of the Criminal Code). To defend against this, we work to establish that you had no knowledge that the weapon was present and no ability to exercise control over it. Evidence that supports this includes showing the weapon was hidden without your knowledge, that the vehicle belonged to or was regularly used by someone else, that other occupants had exclusive access to the area where it was found, or that there is no other evidence linking you to the weapon.

Usually, no. If you are charged with a gun crime, the court will almost always make you promise not to own or use guns or ammo. While your case is still going on, you can’t hunt, target shoot, or do any other shooting sports. Most of the time, your bail conditions say you can’t go to places where there are guns, like shooting ranges, gun clubs, and hunting areas, and the ban covers all weapons, including hunting knives, bows, and crossbows.

If you’re charged with a firearms and weapons offence, a lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the firearms or weapons charge. 
  • Gather key evidence, such as police reports, officer notes, search warrant materials, vehicle or bodycam footage, witness statements, and, where necessary, expert evidence on firearm classification or forensic handling, to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences. 
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

The Strategic Criminal Defence team is familiar not only with the Calgary courts but also with the local judges and prosecutors. Being able to work closely with these individuals can be advantageous for your firearms or weapons case.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 6, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410