Imagine going hunting with your favourite gun, and suddenly you hear police car sirens around you, which means you have been reported for carrying a weapon.
Wondering what to do at this time?
But for that, you need to know the gun charges in Canada. Carrying weapons openly is considered illegal, especially if you do not have proper documentation or a license. But in some cases, you can even carry a concealed weapon.
But how would you know the safe possession of a weapon?
No worries; you will find all your answers in the following discussion. So, grab your pen and take notes well to stay safe from any charges.
What are the Different Types of Gun Charges in Canada?
There are different gun charges in Canada; you will learn about those in the following discussion.
Unlawful Possession of a Firearm
You cannot carry a firearm in Canada without the right documentation or a current license. You will be charged with unlawful weapon possession if you carry a weapon without legal documents. This charge applies to people whose access to firearms has been previously restricted or those who aren’t allowed to own weapons because of their previous criminal record.
Possession of a Restricted or Prohibited Firearm
By Canadian law, some weapons are classified as restricted or forbidden. If you carry those weapons without the right documentation or a license, it will be considered illegal. These weapons can be handguns, sawed-off shotguns, or automatic weaponry. If someone is seen carrying such weapons without documentation, he will be accused of this crime.
Careless Use or Storage of a Firearm
The safe handling, storage, and transportation of the weapon is your responsibility as a gun owner. A firearm’s careless usage or storage can result in criminal consequences. You may fall under this charge if you do not handle your firearms safely and responsibly, like leaving a loaded firearm unattended or using it unsafely.
Carrying a Firearm for a Dangerous Purpose
Carrying a weapon with the intention to cause harm or injure another person is illegal in Canada. You will be charged with possessing a firearm for a harmful purpose if you carry a weapon intending to use it dangerously.
Trafficking or Smuggling of Firearms
Illegal selling, transferring, or transporting a firearm is a serious offence in Canada. This offence can be used to charge people involved in the smuggling or trafficking of guns. This penalty applies to anyone selling firearms to unauthorized people to own or smuggle them to another country without a permit.
Discharging a Firearm with Intent
It is against the law to discharge a firearm intending to hurt or kill someone else. If you are found to be involved in such activity with a firearm, you will be charged with this offence.
What are the Penalties for Different Types of Gun Charges?
Let’s know about the penalties for different types of gun charges from Regina, SK Firearms Charges.
Unlawful Possession of a Firearm
Possession of a firearm illegally carries a maximum ten-year prison sentence. An additional penalty of up to $5,000 can be imposed if you are found guilty of this crime.
Possession of a Restricted or Prohibited Firearm
You may get a penalty of up to ten years in prison for carrying a restricted or forbidden firearm. Also, you can get a $5,000 fine for committing this crime.
Careless Use or Storage of a Firearm
Depending on the offence’s seriousness, a firearm’s irresponsible usage or storage can result in different punishments. If you are convicted of this crime, you may receive a maximum two-year sentence in jail or a $5,000 fine.
Carrying a Firearm for a Dangerous Purpose
You may receive up to ten years in jail for having a firearm for a harmful purpose and an additional penalty of up to $5,000.
Trafficking or Smuggling of Firearms
Smuggling or trafficking in guns carries a maximum sentence of ten years in jail. Aldo, if you are found guilty of this crime, you may need to pay fines of up to $500,000.
Discharging a Firearm with Intent
The punishment for intentionally firing a firearm is up to 14 years in jail. You also are subject to a fine of up to $5,000.
What are the Defenses Against Gun Charges in Canada?
If you are accused of gun charges, you can use the following defences to get rid of those charges.
Necessity
You can claim that you had no choice but to use or carry a handgun to defend yourself. The validity of this defence usually depends on how you are explaining yourself at the time. For example, you can claim that you had no choice but to use a weapon in self-defence against a dangerous attacker who was armed.
Self-defence
You can use self-defence as an excuse for using a weapon to protect yourself from a dangerous situation. But, you must be able to explain properly that your acts were reasonable and required under the circumstances.
Mistaken Identity
People can be falsely accused of crimes involving firearms due to identification confusion. This defence can succeed if you explain that you were not the culprit of the crime or were not in charge of the weapon at the time it was used.
Lawful Use
You can use it as a defence against gun charges if you are using a firearm legally, such as when hunting or participating in sport shooting. However, you must be able to explain that you were operating the weapon according to all relevant rules and laws.
Police Misconduct
You can also use police misbehaviour, such as an illegal search or firearm seizure, as a defence to accusations of gun charges. You can get your charges dropped if you explain that your rights were violated during the inquiry or arrest.
To conclude
The Canadian government has a strong law against gun charges. Even though laws and regulations regarding weapons have significantly reduced the crime rates using firearms, you must address the causes of violence and problems like the illegal trafficking of firearms. You can ultimately contribute to developing a safer society by promoting efforts to curtail gun violence and pushing for stronger restrictions. We can only hope to achieve significant progress toward Canada’s safer and better future by banding together and acting proactively.
