Weapons and Firearms Offences in Surrey

The Criminal Code uses “weapon” as a broad term covering anything used, designed, or intended to cause death or injury – knives, bats, brass knuckles, imitation firearms, and other items can all qualify. “Firearms offences” are a subset that deal specifically with guns and the Firearms Act. Many of the most serious offences (ss. 91–104) are firearms-specific, while others (ss. 86–90) apply to weapons generally. The strategy and the stakes can differ significantly depending on which subsection you’ve been charged under.

A charge alone doesn’t automatically revoke your licence, but it almost always triggers a review by the Chief Firearms Officer, and a court can impose an interim weapons prohibition as a bail condition. A conviction for most firearms offences triggers a mandatory weapons prohibition order under s. 109 – and for many offences, that prohibition is for life on a second offence. Preserving your firearms privileges has to be part of the defence strategy from day one.

Penalties depend on the section. Section 91 (unauthorized possession) is a hybrid offence carrying up to 5 years on indictment. Section 92 (possession knowing it is unauthorized) carries up to 10 years on a first offence and higher on subsequent offences. Section 95 (loaded prohibited or restricted firearm) historically carried mandatory minimums of 3 to 5 years in penitentiary, though the Supreme Court of Canada has struck down some of those minimums as unconstitutional. Real-world sentences depend on the type of firearm, whether it was loaded, your record, and the surrounding circumstances. A skilled lawyer can make a significant difference – including avoiding penitentiary time in many cases.

The picture has changed substantially in recent years. The Supreme Court of Canada has struck down several mandatory minimum penalties in the firearms context, including the three-year minimum under s. 95(2)(a)(i) in R v Nur (2015), and more recently aspects of the regime addressed in R v Hilbach (2023). Parliament also repealed a number of mandatory minimums in 2022. The result is that judges now have more sentencing discretion in many firearms cases than they did a decade ago – but the file still needs to be argued carefully, often with constitutional submissions. We stay current on this rapidly evolving area.

Yes – and these are some of the most common files we see. Licensed owners can be charged with careless storage (s. 86), careless transportation, possession at an unauthorized place (s. 93), possession in a motor vehicle (s. 94), and breaches of the conditions on their licence. Many of these charges arise after a CFO inspection, a routine traffic stop, or after a firearm was used or accessed in circumstances the owner didn’t anticipate. The defence often turns on the precise Firearms Act regulations and what was actually authorized – technical work that benefits from experienced counsel.

In most cases, no – a warrantless search of a home or vehicle is presumptively unreasonable under s. 8 of the Charter. There are exceptions (consent, exigent circumstances, search incident to lawful arrest, plain view), but the police bear the burden of justifying them. If the search was unlawful, the firearm and any related evidence may be excluded under s. 24(2) – and without that evidence, the Crown’s case often collapses entirely. The first thing we do on most firearms files is forensically examine how the evidence was obtained.

Three things, in order. First, exercise your right to remain silent – do not explain the firearm, the storage, your licence, or anything else to police. Second, request to speak with a lawyer immediately under s. 10(b) of the Charter. Third, do not consent to any further searches, statements, or “informal” conversations. Then call us. The decisions you make in the first few hours can shape the entire trajectory of your case.

Yes, in most cases – though some firearms offences carry a reverse onus, meaning you must show why your release is justified rather than the Crown showing why detention is necessary. Bail conditions on a firearms file almost always include a weapons prohibition, surrender of all firearms in the home, and often residence and reporting conditions. Getting a lawyer involved before the bail hearing significantly improves your chances of release on workable conditions and can protect your interim ability to maintain certain licences.

Yes. Most firearms offences are considered serious criminality under the Immigration and Refugee Protection Act and can result in inadmissibility, loss of permanent resident status, and removal from Canada. They will also affect your ability to enter the United States and other countries. If you are not a Canadian citizen, tell your lawyer immediately – immigration consequences must be factored into every strategic decision in the case, including any resolution discussions with Crown.

We will:

• Review the disclosure the Crown provides – police notes, the search authorisation (if any), CFO records, firearm examination reports, video, statements – and identify the weaknesses.
• Assess every Charter angle – search, detention, right to counsel, and the manner of police conduct.
• Build a tailored defence strategy – exclusion of evidence, lack of knowledge, lawful authority, identity, or a negotiated resolution.
• Protect your firearms privileges wherever possible by shaping bail conditions, resolution outcomes, and sentencing submissions.
• Take your matter to trial when that’s the right call – including running Charter voir dires that can end the prosecution.

The first step is to schedule a free, confidential consultation with our legal team. We will review your case, explain your options, and outline the best path forward. Call Cote & Evans today at 604-547-9000 to protect your future.