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Céline Dostaler
Charged with a Firearm Offence? Answers to Common Questions in Ontario
If you or someone you care about is facing a firearm-related charge, you probably have very specific, urgent questions. Below are some of the most common questions I hear from clients charged with gun offences in Ottawa, Kanata, Orleans, Pembroke, Perth, Brockville, and L’Orignal. Understanding your legal situation is the first step in protecting your rights.
1. I Have a Gun Licence. Why Am I Being Charged?
Many firearm offences result not from illegal guns, but from technical violations. Even if you hold a valid Possession and Acquisition Licence (PAL), you can still be charged for:
- Improper storage of your firearm,
- Carrying it in a restricted area or without proper authorization,
- Failing to renew your licence or register a restricted firearm.
The police and Crown do not need to prove malicious intent—only that you didn’t meet the strict legal requirements.
2. Will I Go to Jail for a First Offence?
It depends on the charge. Some firearm offences carry mandatory minimum sentences, even for first-time offenders. Examples include:
- 1 year minimum for unauthorized possession of a loaded restricted firearm (Section 95),
- 4 years minimum for using a firearm during the commission of another offence (Section 85).
However, if your offence does not carry a minimum, your lawyer may be able to:
- Negotiate for a conditional sentence (e.g., house arrest),
- Seek a discharge, suspended sentence, or diversion, depending on the facts,
- Argue for a Charter breach, which could lead to the evidence being excluded entirely.
3. Can I Get Bail for a Firearm Charge?
Yes—but it’s more difficult than in other cases. Courts take firearm offences seriously, especially if the facts suggest:
- The gun was loaded,
- There was an element of violence or threat,
- You have a prior record.
That said, a well-prepared bail plan—including strong sureties, a stable residence, and strict conditions—can make the difference. A criminal defence lawyer can advocate for your release and argue that you’re not a public safety risk.
4. The Gun Wasn’t Mine. Why Am I Being Charged?
The Crown doesn’t have to prove ownership. They only need to prove:
- You knew about the firearm, and
- You had care or control over it.
If a gun is found in your car, your backpack, or a shared home, the police may assume possession. However, your lawyer can challenge this by raising reasonable doubt about:
- Who the gun belonged to,
- Whether you knew it was there,
- Whether you had any access or control over it.
5. Can I Be Charged for Having a Gun in My Home?
Yes—if you don’t meet the legal requirements. In Canada, it’s illegal to keep a gun in your home unless you:
Have a valid PAL,
- Store it in a locked container or cabinet (unloaded),
- Keep ammunition stored separately or locked.
Failure to follow these regulations can lead to charges under Section 86 of the Criminal Code (unsafe storage or handling).
6. What If the Police Searched Me Illegally?
This is a powerful defence strategy. If your lawyer can prove that police:
- Stopped you without reasonable suspicion,
- Searched your car or home without a warrant or valid consent,
- Violated your right to counsel or other Charter rights,
then any evidence obtained—including the firearm itself—may be excluded under Section 24(2) of the Canadian Charter of Rights and Freedoms. In many cases, that leads to a full acquittal.
7. Can I Avoid a Criminal Record?
It’s possible in certain cases, depending on:
- The type of firearm,
- The circumstances of the offence,
- Your background and prior record.
Options may include:
- Diversion (for minor, non-violent charges),
- Peace bond resolution (in rare cases),
- Discharge (absolute or conditional),
- Plea negotiations to lesser offences.
However, firearm charges are rarely dropped without a fight. You need a lawyer who can negotiate firmly and file the right applications at the right time.
8. What If the Gun Was Replica, Airsoft, or a Toy?
Even replica or airsoft guns can lead to charges, especially if:
- They were used to commit or threaten a criminal offence,
- They were carried in public in a way that caused fear,
- They are indistinguishable from real firearms.
Courts will assess how a reasonable person would perceive the object. You could still be charged with possession of a weapon for a dangerous purpose, even if the gun was fake.
9. Will a Firearm Conviction Affect My Immigration Status?
Yes. A firearm conviction—especially one involving violence—can lead to:
- Inadmissibility for permanent residency or citizenship,
- Removal orders for non-citizens,
- Travel bans or visa denials from countries like the U.S.
If you are a temporary or permanent resident, it is absolutely critical to consult a criminal defence lawyer who understands the immigration consequences of a guilty plea or conviction.
10. How Can a Criminal Defence Lawyer Help?
An experienced defence lawyer will:
- Review all police conduct for Charter violations,
- Challenge the evidence at every stage,
- File motions to exclude illegally obtained material,
- Represent you at bail hearings and trial,
- Negotiate with the Crown for reduced charges or no jail time.
You’re not just fighting for your freedom—you’re fighting for your future, your family, your career, and your reputation.
Conclusion: You Have Questions. I Have Answers. Let’s Talk.
Being charged with a firearm offence doesn’t mean you’re guilty—and it doesn’t mean jail is inevitable. But the law in Canada is strict, and the Crown takes these cases seriously. So should you.
If you’ve been charged with a firearm-related offence in Ottawa, Kanata, Orleans, Pembroke, Perth, Brockville, or L’Orignal, call me today. I will personally review your case and explain your options—no pressure, just straight answers.
