Firearm Offence Lawyer Winnipeg

Understanding Firearm Offences

Firearm offences are grave offenses under the Criminal Code and often carry mandatory minimum sentences of imprisonment. Even law-abiding citizens can find themselves facing firearm charges due to the complex and confusing legislation surrounding gun ownership in Canada. This can especially impact hunters, target shooters, and gun collectors who may unknowingly violate the law due to changes in firearm regulations.

Firearm offences encompass a wide range of charges, including but not limited to:
• Use of Firearm in Commission of an Offence
• Careless Use of a Firearm
• Unsafe Storage of a Firearm
• Pointing a Firearm
• Possession of a Weapon for a Dangerous Purpose
• Carrying a Concealed Weapon
• Unauthorized Possession of a Firearm
• Possession of Unauthorized Firearm
• Possession of a Restricted or Prohibited Firearm
• Weapons Trafficking
• Possession of a Weapon Contrary to an Order
• Discharging a Firearm

Obtaining Bail for Firearm Offence

Securing bail for firearm offences can be challenging as the judge will prioritize public safety when considering the release of an accused. Given the allegations of possessing a dangerous and potentially lethal weapon unlawfully, careful planning may be necessary to develop a release plan. If granted bail, strict conditions such as travel restrictions, communication limitations, and curfews may be imposed on the accused.

Sentencing for Firearm Offences

Firearm offences carry varying degrees of severity, with some having minimum sentences and others not. Lesser charges may result in probation or fines, while more serious charges can lead to penitentiary sentences, including life imprisonment. When determining an appropriate sentence, judges often consider principles of denunciation and deterrence.

A conviction for a firearm offence not only carries the possibility of custody, but also results in a criminal record. This can impact travel to the United States and other countries, as well as future employment opportunities. In many cases, the judge may impose a prohibition on owning or possessing a firearm for a period of one year to life.

Defending Firearm Offences in Court

When defending against firearm charges, the defense strategy typically involves analyzing the specific charge and assessing the strength and weaknesses of the Crown Attorney’s case based on the evidence. This may include examining the legality of the arrest, search, and seizure of the firearm, and raising arguments based on breaches of the accused’s rights under the Charter. If the firearm is excluded as evidence, the Crown Attorney’s ability to prove the offense may be weakened or reduced to a lesser charge. Additionally, it may be possible to argue that the accused did not possess the firearm and that someone else had access and control, which could raise reasonable doubt and result in an acquittal.

Related Firearm Offences Topics

1. How is a firearm defined under the Criminal Code of Canada?