If you or someone you love is facing a firearms investigation or charge in Victoria, the first hours matter most.

Our Victoria team has been defending serious criminal charges across Vancouver Island since 2021. We challenge the evidence, fight for your release, and move quickly to protect your liberty.

Why our Victoria team is so trusted by clients:

  • 40+ combined years of criminal defence experience.
  • Winner of the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
  • 75+ five-star Google reviews from clients across Vancouver Island.
  • Featured on CBC News, CTV News, and Yahoo News.

Julia Hunter and her team are available 24/7 for urgent arrests and bail hearings.

You’re under investigation. What should you do next?

If you’re under investigation for a firearms offence, these three steps can help:

  1. Don’t touch, move, or store the firearm differently. Handling it after police involvement can create new evidence against you, even if your intention is to make things safer.
  2. Say nothing about ownership, storage, or intent. Comments like “it’s not even loaded” or “I forgot to renew my licence” can undercut defences your lawyer might otherwise raise.
  3. Call a lawyer before any bail hearing. In most firearms cases, you must prove why you should be released, which is easier with a criminal defence lawyer’s help.

Getting a lawyer involved immediately gives you the best chance of release while your case proceeds. If you haven’t yet been charged, our pre-charge legal advice can also protect you.

Contact us for a free, no-obligation consultation.

What counts as a firearms offence?

The Criminal Code splits firearms into three categories: 

  1. Non-restricted: Includes most ordinary rifles and shotguns.
  2. Restricted: Includes most handguns.
  3. Prohibited: Includes short-barrelled handguns and automatic firearms.

Several sections of the Code set out charges for firearm offences. Their seriousness depends on which category applies, and on whether you held a valid licence and registration.

What are the main firearms offences and their consequences?

Across Canada, firearms offences fall into the following categories:

CHARGE WHAT IT INVOLVES MAXIMUM PENALTY MANDATORY MINIMUM
Unauthorized possession (s. 91) Holding a firearm without a valid licence or registration certificate. 5 years (indictment). None.
Possession of a prohibited or restricted firearm with ammunition (s. 95) Possessing a loaded prohibited or restricted firearm, or one with ammunition readily accessible, without authorization. One of the most frequently charged firearms offences. 14 years (indictment). None currently enforced. The Supreme Court of Canada struck down this mandatory minimum in R v Nur.
Careless storage (s. 86) Storing, handling, transporting, or using a firearm without reasonable precautions for safety. 2 years for a first offence, 5 years for a second or subsequent offence (indictment). None.
Pointing a firearm (s. 87) Aiming a firearm at another person, loaded or not, without lawful excuse. 5 years (indictment). None.
Trafficking or possession for the purpose of trafficking (ss. 99 and 100) Manufacturing, buying, selling, or transferring a firearm outside the licensing system. 14 years (indictment). 3 years for a first offence, 5 years for a second or subsequent offence.

Every offence in this table is hybrid except trafficking. That means the Crown can choose to proceed summarily, leading to a less severe outcome in less serious cases.

We can help you identify the exact charge and Criminal Code section on your paperwork. We can also work to prevent the most serious consequences.

As well as the lengthy prison terms, the long-term consequences include:

  • The permanent loss of your firearms licence.
  • Surrender of the firearm itself.
  • Employment issues from a criminal record.
  • The threat of deportation for non-citizens.
  • Inadmissibility to the US.

How can a Victoria firearms lawyer help?

Many firearms charges trigger a reverse onus under section 515(6) of the Criminal Code. This means you’re not automatically released after being charged. It applies to repeat offences or those involving trafficking or an existing prohibition order.

In such cases, the burden is on you from the first appearance. It’s important to speak to Julia Hunter or her team at Strategic Criminal Defence as soon as possible in your case.

Your lawyer must show the court why you should be released:

  • The bail hearing typically happens at the Victoria Courthouse on Burdett Avenue.
  • If detention continues, you may be held at the Vancouver Island Regional Correctional Centre in Saanich while your case proceeds.

We will work to secure your release at the earliest possible hearing. We can submit a release plan tailored to the reverse onus you’re facing.

If you’re released, we can begin work on your defence immediately:

  • We will order the Crown’s disclosure package, which contains the evidence against you.
  • We examine every stage of the police investigation, from the initial search to the seizure and testing of the firearm.
  • We check for Charter breaches or gaps in the Crown’s evidence.
  • Where the evidence supports it, we negotiate resolutions that avoid a criminal record or a lengthy weapons prohibition.
  • If your case proceeds to trial, we represent you at the Victoria Courthouse and challenge the Crown’s case at every stage.

Our team will support and represent you throughout every step of the court process.

Will your case go to trial?

Depending on circumstances, your firearms case may not go to trial.

We can sometimes work with the Crown Prosecutor on pre-trial resolutions that avoid a criminal record, such as: 

  • Peace bond. You agree to specific conditions in exchange for the withdrawal of the charge.
  • Withdrawal of charges. Where the evidence is weak, the Crown may agree to drop the charge entirely.
  • Plea to a lesser charge. You plead to a less serious offence than the one originally laid, reducing the penalty you face.
  • Diversion or alternative measures. For less serious cases, with no deliberate wrongdoing, you may complete conditions outside the court system.
  • Conditional discharge. You plead guilty but avoid a criminal record if you meet the conditions the court sets.

The availability of these options depends on exactly what you’re accused of. Your lawyer will explain which ones might be on the table.

What defences can protect you?

Every case depends on its specific facts, but common defences to firearms charges include:

  • Lack of knowledge or control. The Crown must prove you knowingly possessed the firearm, not just that it was found near you.
  • Licensing and paperwork errors. A lapsed or misfiled licence is different from having no licence at all, and this distinction can affect how a charge is resolved.
  • Charter breaches in the search. Firearms are frequently found through searches of homes or vehicles. Whether police had a valid warrant or lawful grounds is often the central issue.
  • Safe storage compliance. Evidence that you stored the firearm properly, even if imperfectly, can undermine a careless storage charge.

We review the search, the seizure, and the chain of evidence in detail to find the strongest defence for your case.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“A true lifesaver”

“Julia Hunter was a true lifesaver for me. I contacted her a week before my court date, fearing it was too late. She took my case, explained the process and gave me the peace of mind I desperately needed at that time. A week later, she got my conditions lifted, and I was able to return home and reunite with my family. A few months later, her expertise led to my case being ‘stayed’ with no guilt or conviction.”

K.R.

“Exceptional legal services”

“I am incredibly grateful for the exceptional legal services provided by Ms. Hunter. From our very first meeting, she impressed me with her professionalism, deep knowledge of the law, and genuine compassion for her clients…I felt confident and supported every step of the way, knowing that I had someone with such expertise advocating for me.”

B.R.L.B.

“Made a significant difference to the outcome”

“From the moment I reached out to Julia, she exhibited a high level of professionalism and genuine concern for my situation…Her dedication to my case and persuasive arguments truly made a significant difference in the outcome.”

J.S.

Frequently asked questions

Not necessarily. A judge can consider your record, the circumstances, and your explanation. Many cases resolve with a lesser charge, a conditional sentence, or no jail time at all.

It depends on the outcome. A charge alone does not always mean losing your licence permanently. A firearms officer may suspend it during the investigation. A conviction typically results in a lengthy or lifetime prohibition.

Yes, but to do so, you must usually prove that your release is justified rather than the Crown proving that detention is necessary. This makes early legal representation especially important.

Costs vary depending on the charge and whether your case proceeds to trial. We offer a free, no-obligation consultation to review your situation and give you a clear estimate before you commit to anything.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.