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Charged, or someone you know
Release conditions on a weapons charge are immediate and strict.
Weapons Charges. Firearms, Knives And Prohibitions
Weapons offences carry serious consequences and are often accompanied by a reverse onus at bail. This page explains the offences under the Criminal Code, the role of the Firearms Act, and where these cases are contested.
A weapon is defined in section 2 of the Criminal Code by use and intention, not by the object itself. Almost anything can be a weapon if it is used, or intended for use, to cause death or injury or to threaten a person.
Weapons Charge Defence
88CC
Weapon for Dangerous Purpose
10Years
Maximum, Section 88 by Indictment
95CC
Loaded Restricted Firearm
10Years
Common Prohibition Order Length
Quick Answer
What should I do if I have been charged with a weapons offence in Toronto?
Speak to a lawyer before answering any questions about where the item came from or who it belonged to. Expect a bail hearing, since many firearm charges carry a reverse onus, so identify a surety and a residence with no firearms present. Bring any firearms licence, registration certificate or transport authorisation to your first meeting with counsel.
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A lawyer replies within 24 hours on business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
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THE DEFINITION
What Counts as a Weapon
Section 2 of the Criminal Code defines a weapon as anything used, designed to be used, or intended for use in causing death or injury to a person, or for the purpose of threatening or intimidating a person. That definition is functional rather than categorical. A kitchen knife, a screwdriver, a baseball bat or a bottle can all be weapons in one context and ordinary objects in another. What separates them is proof of use or intention, and intention is proved beyond a reasonable doubt or not at all.
Firearms are treated separately and more strictly. The Criminal Code and the Firearms Act together govern licensing, registration, classification as non-restricted, restricted or prohibited, storage, transport and authorisations to transport. Many firearm charges laid against otherwise law-abiding owners are, at their core, licensing, storage or transport failures rather than allegations of violence, and they need to be understood that way from the outset.
THE OFFENCES
Which Section You Are Facing
Section
Offence
Key element
Classification
88
Possession of a weapon for a dangerous purpose
Purpose dangerous to the public peace or for committing an offence
Hybrid, maximum 10 years by indictment
89
Carrying a weapon while attending a public meeting
Presence at a public meeting
Summary conviction
90
Carrying a concealed weapon
The weapon was concealed
Hybrid, maximum 5 years by indictment
91
Unauthorized possession of a firearm or prohibited weapon
Absence of a licence or registration
Hybrid, maximum 5 years by indictment
92
Possession knowing the possession is unauthorized
Subjective knowledge of the lack of authorisation
Indictable, maximum 10 years
94
Unauthorized possession in a motor vehicle
Knowledge of the firearm in the vehicle
Hybrid, maximum 10 years by indictment
95
Possession of a loaded prohibited or restricted firearm
Loaded, or with readily accessible ammunition, without authorisation
Hybrid, maximum 10 years by indictment
117.01
Breach of a prohibition order
An existing order under section 109 or 110
Hybrid, maximum 10 years by indictment
The mandatory minimum sentences that formerly applied to section 95 were struck down as unconstitutional by the Supreme Court of Canada in R. v. Nur, and Parliament repealed a number of firearm mandatory minimums in 2022. Maximum penalties were not reduced, and firearm offences remain among the most seriously treated in Ontario courts, but sentencing judges once again have discretion to fit the sentence to the offender.
Bail is often a reverse onus in firearm cases. Section 515(6)(a)(viii) and related provisions place the burden on the accused to show why detention is not justified where certain firearm offences are alleged. That makes early preparation of a release plan, with a strong surety and a suitable residence, particularly important.
DEFENDING THE CHARGE
Possession, Knowledge and the Search
The first question in most weapons files is how the item was found. Section 8 of the Charter makes a warrantless search presumptively unreasonable, and the Crown must justify it. Vehicle stops, pat-down searches conducted for officer safety that extend beyond that purpose, searches of bags and containers, and residential entries all raise real questions. Section 9 governs arbitrary detention. Where a breach is established, section 24(2) and the analysis in R. v. Grant determine whether the firearm or weapon is excluded, and in a possession case exclusion is usually decisive.
The second is possession itself. The Crown must prove knowledge and control. A firearm found in a shared vehicle, a shared residence or a bag that several people had access to raises genuine questions about attribution. Constructive possession requires that the accused knowingly had the item in a place for their own use or benefit; mere proximity is not enough.
The third is purpose, which is the heart of a section 88 charge. Carrying a tool, a kitchen knife or a sporting item is not an offence. The Crown must prove the purpose was dangerous to the public peace or connected to the commission of an offence, and it must do so from the circumstances rather than assumption. Similarly, section 92 requires proof of subjective knowledge that the possession was unauthorized, a significantly higher bar than section 91.
Licensed firearm owners
If the allegation concerns storage, transport or an expired licence rather than any violence, say so to counsel at the first meeting and bring the licence, registration certificates and any authorisation to transport. These files often turn on regulatory detail, and they can sometimes be resolved without a criminal conviction. Do not attempt to move or dispose of any firearm after charges are laid; surrender arrangements are made through counsel and the police.
PROHIBITION ORDERS
The Consequence That Outlasts the Sentence
Section 109 makes a weapons prohibition order mandatory on conviction for specified offences, including offences involving violence where a weapon was used and certain firearm offences. A first mandatory order under section 109 runs for at least ten years for most firearms and for life in respect of prohibited and restricted firearms and certain other items. Section 110 gives the court discretion to impose a prohibition order in other cases where it is desirable in the interests of the safety of any person.
For someone who hunts, works in a field requiring a firearm, or is a licensed sport shooter, the prohibition order can matter more than the sentence itself. Section 113 allows a court, in narrow circumstances, to lift a prohibition for sustenance hunting or for employment, on application. Whether a discretionary order should be made at all, and on what terms, is a proper subject of submissions and should not be conceded as a formality.
SENTENCING
Range and Ancillary Orders
Sentencing for weapons offences is governed by the general principles in sections 718 to 718.2 of the Criminal Code, with denunciation and deterrence carrying substantial weight where a loaded firearm was involved in a public place. The range is wide because the conduct captured by these sections is wide. A licence that lapsed while firearms were properly stored at a rural property is a different case from a loaded restricted firearm carried in a vehicle at night, even though both may engage section 91 or section 95.
Since the repeal of a number of firearm mandatory minimums in 2022 and the constitutional rulings that preceded it, including R. v. Nur, judges have discretion to reflect that difference. Conditional sentences are available for some offences where the statutory criteria in section 742.1 are met. What moves a case toward the lower end is a clear account of how the item came to be possessed, an absence of any connection to violence or to an offence, cooperation in surrendering other lawfully held firearms, and a demonstrated understanding of the licensing obligations.
Ancillary orders are a significant part of the outcome. A mandatory prohibition under section 109 or a discretionary one under section 110 will usually be sought. Forfeiture of the seized item is ordinarily ordered on conviction. A DNA order may be available. Where a person holds a firearms licence, a conviction will almost always end it, and the Chief Firearms Officer's decision runs on its own track under the Firearms Act with a review available to a provincial court judge.
EDGE CASES
Replicas, Airguns and Everyday Objects
A number of weapons charges involve items that are not firearms in the ordinary sense. A replica firearm, defined in section 84 as a device designed or intended to exactly resemble a firearm and that is not itself a firearm, is a prohibited device, and possessing one can ground a charge even though it cannot fire anything. An air gun that exceeds the velocity and energy thresholds in the Criminal Code is treated as a firearm for most purposes. Pepper spray designed for use against people is a prohibited weapon in Canada, whatever its status elsewhere.
At the other end, entirely ordinary objects can become weapons under section 2 because of how they were used or intended to be used. That is the crux of a section 88 charge, and it is why the purpose element deserves close attention. Carrying a utility knife for work, a multi-tool while camping or a hockey stick in a car is not an offence. What the Crown must prove is a purpose dangerous to the public peace or connected to committing an offence, and it must prove it beyond a reasonable doubt from the surrounding circumstances.
Section 117.04 allows police to seize weapons with or, in urgent circumstances, without a warrant where there are grounds to believe it is not desirable in the interests of safety for a person to possess them. Section 117.05 then requires a hearing before a justice to determine whether the items should be forfeited or returned. That hearing is a distinct proceeding, it has its own timelines, and it is frequently overlooked while attention is on the criminal charge. If your firearms were seized, ask counsel about it specifically.
THE LICENSING TRACK
The Firearms Act Runs Separately
For a licensed firearm owner, the criminal charge is only half the problem. The Firearms Act gives the Chief Firearms Officer authority over licences, and a licence may be refused or revoked where there are reasonable grounds to believe that the person is not eligible to hold one, including where it is not desirable in the interests of the safety of any person. A charge, without any conviction, is frequently enough to trigger a revocation, and firearms are seized at the same time.
That decision is reviewable. Section 74 of the Firearms Act allows a person whose licence has been refused or revoked to refer the matter to a provincial court judge, and the reference must be made within thirty days after receiving notice, subject to an extension. The judge hears the matter afresh and may confirm the decision, cancel it, or make any other order the circumstances require. It is a genuine hearing with a real prospect of success in appropriate cases, and the thirty-day period is short enough that it is often missed.
Seized firearms raise a separate question again. Where items were taken under section 117.04 of the Criminal Code, section 117.05 requires an application to a justice within a defined period, failing which the items are to be returned. Where property has been seized under a warrant, section 490 governs its detention and return. None of these steps happens automatically, and a firearms collection can be forfeited simply because nobody made the application in time. If items were seized from you, ask counsel about the licensing and property tracks specifically, not only about the charge.
ACTING FOR YOU
Early Steps Matter Here
1
Bail preparation
Where a reverse onus applies, a surety, a suitable residence with no firearms present, and a supervision plan need to be assembled quickly.
2
Full disclosure
Officer notes, in-car and body-worn video, the search authority relied on, any warrant materials, and the firearms centre records for licensing and registration.
3
Charter assessment
The lawfulness of the stop, detention and search is analysed against the notes and the video, and an application under sections 8, 9 or 10(b) is prepared where the record supports it.
4
Position on the charge
Where the file is regulatory in nature, the objective is often withdrawal or a non-criminal resolution. Where it is not, the focus turns to the search, possession and purpose.
Weapons and firearm matters may be handled by Lexaltico LLP or referred to experienced criminal defence counsel within our LexKonnect consortium, particularly where a contested Charter application or a Superior Court trial is anticipated. Any referral arrangement is disclosed to the client in writing before it takes effect and complies with Rule 3.6-6.1 of the Law Society of Ontario's Rules of Professional Conduct. The client's interests govern the choice of counsel.
Common Questions
Frequently Asked Questions
What should I do if I have been charged with a weapons offence in Toronto?
Speak to a lawyer before answering any questions about where the item came from or who it belonged to. Expect a bail hearing, since many firearm charges carry a reverse onus, so identify a surety and a residence with no firearms present. Bring any firearms licence, registration certificate or transport authorisation to your first meeting with counsel.
Is carrying a knife illegal in Canada?
Carrying a knife is not by itself an offence. It becomes one under section 88 if possessed for a purpose dangerous to the public peace or to commit an offence, or under section 90 if it is concealed and is a weapon in the circumstances. Certain designs, such as automatic knives, are prohibited weapons regardless of purpose.
Are there still mandatory minimum sentences for firearm offences?
Several were struck down as unconstitutional, including those for section 95 in R. v. Nur, and Parliament repealed a number of firearm mandatory minimums in 2022. Maximum penalties were not reduced and these offences remain treated seriously, but sentencing judges now have discretion to tailor the sentence to the offender and the circumstances.
What is the difference between section 91 and section 92?
Section 91 is unauthorized possession of a firearm, a hybrid offence carrying up to five years by indictment, and is often regulatory in nature. Section 92 requires proof that you knew your possession was unauthorized, is straight indictable with a maximum of ten years, and is significantly harder for the Crown to establish.
How long does a weapons prohibition order last?
A mandatory order under section 109 runs for at least ten years for most firearms, and for life in respect of prohibited and restricted firearms and certain other items. Discretionary orders under section 110 have terms set by the court. Section 113 allows a limited lifting of a prohibition for sustenance hunting or employment on application.
The firearm was found in a car with other people. Am I in possession of it?
Not automatically. The Crown must prove knowledge and control beyond a reasonable doubt. Constructive possession requires that you knowingly had the item in a place for your own use or benefit, and joint possession requires knowledge and consent with some measure of control. Mere presence in a vehicle is not possession.
Can an unlawful search get a weapons charge dismissed?
It can. A warrantless search is presumptively unreasonable under section 8 of the Charter and the Crown must justify it. Where a breach is proven, section 24(2) allows the court to exclude the evidence applying R. v. Grant. In a possession case where the item is the whole of the evidence, exclusion normally ends the prosecution.
What happens to my firearms licence while charges are pending?
A licence is commonly suspended or revoked by the Chief Firearms Officer when charges are laid, and firearms are typically seized. That process runs under the Firearms Act and is separate from the criminal case, with its own review route to a provincial court judge. Both tracks should be addressed together.
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Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
