Weapons and Firearms Offences in Surrey

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Defending Your Future Against Weapons and Firearms Charges

A weapons charge is not just a criminal matter – it’s a charge that can take away your firearms licence (PAL/RPAL), your right to hunt and sport-shoot, your career, your ability to travel, and in many cases, your liberty. Even a careful, licensed firearms owner can find themselves charged after a storage inspection, a vehicle stop, or a misunderstanding with police.

At Cote & Evans, we defend the full spectrum of weapons offences – from careless-storage and licensing charges that affect lawful gun owners, to serious possession, trafficking, and use-of-firearm allegations that carry years of potential prison time. We build the strategic, results-driven defence your case needs, drawing on years of experience with Charter search-and-seizure litigation, expert evidence, and Crown negotiation.

Whether you’ve been charged after a routine traffic stop, a search of your home, an alleged altercation, or a licensing audit – we are ready to defend you.

Weapons and Firearms Charges

Facing a criminal offence is a highly difficult and stressful experience. This is especially true for weapons and firearms offences, which can have a significant impact on your liberty and your lawful ability to possess or use weapons.

The Criminal Code broadly defines a weapon to include anything that is used, designed to be used, or intended to be used to cause death or bodily harm, or to threaten or intimidate another person. The definition also includes firearms.

Firearms Defence in Surrey At Cote & Evans

Our lawyers have experience and can defend a range of firearms offences, including careless storage and licensing charges, to serious possession, trafficking and use of firearms allegations. Your defence will depend on the specific facts and circumstances of your case. We will carefully examine whether the Crown can provide each element of the alleged offence beyond a reasonable doubt. For certain offences, this could involve challenging whether you possessed a restricted or prohibited firearm, or whether you knew a prohibited or restricted firearm was loaded. It could also involve assessing whether the Crown has proven the required mental state, such as your knowledge, in relation to the commission of the alleged firearms offence. We will also consider whether the facts of your case are supportive of a potential Charter breach by law enforcement, which may result in the exclusion of evidence in your case. Each offence, the elements the Crown must prove, and the available defences may vary depending on your situation. That is why it is important to speak with a lawyer, and we are here to help.

Experienced Weapons Defence Lawyers in Surrey

The Criminal Code contains dozens of weapons-related offences, and the strategy that protects you depends entirely on which section you’ve been charged under. We regularly defend clients in Surrey and across the Lower Mainland on charges including:

weapons offences lawyer
  • Careless Use, Storage, Handling, or Transportation of a Firearm (s. 86) – Often charged against lawful firearms owners after an alleged storage breach. Looks minor on paper, but a conviction carries weapons prohibitions that can end your shooting and hunting life.
  • Pointing a Firearm (s. 87) – Allegations that you pointed a firearm at another person, with or without intent to harm.
  • Possession of a Weapon for a Dangerous Purpose (s. 88) – Carrying any weapon or imitation weapon “for a purpose dangerous to the public peace” – interpreted broadly by the courts.
  • Carrying a Concealed Weapon (s. 90) – Includes knives, replica firearms, and other implements depending on circumstances.
  • Unauthorized Possession of a Firearm (s. 91) – Possession without a valid PAL or registration.
  • Possession of a Firearm Knowing Its Possession Is Unauthorized (s. 92) – A more serious version of s. 91, requiring proof of knowledge.
  • Possession of a Prohibited or Restricted Firearm with Ammunition (s. 95) – One of the most serious firearms offences. Historically carried mandatory minimum penitentiary sentences (some struck down – see FAQ below).
  • Possession of a Weapon Obtained by Crime (s. 96) – Allegations that the weapon was acquired through criminal means.
  • Trafficking in Firearms (s. 99) and Possession for the Purpose of Trafficking (s. 100) – Allegations of selling, transferring, or holding firearms for distribution.
  • Importing or Exporting Knowing the Firearm Is Unauthorized (s. 103/104)
  • Using a Firearm in the Commission of an Offence (s. 85) – Adds a separate, consecutive sentence on top of the underlying offence.
  • Discharging a Firearm with Intent (s. 244) and Reckless Discharge (s. 244.2) – Among the most serious firearms charges in the Code.
  • Prohibited Weapons and Devices – Brass knuckles, replica firearms, prohibited magazines, suppressors, and other items added to the Prohibited and Restricted lists.
  • Breach of a Weapons Prohibition Order (s. 117.01) – Allegations that you possessed a weapon while subject to a court-ordered prohibition.

 

Building a Strong Defence for Your Case

Depending on your situation, strategies that are commonly pursued include:

  • Charter applications under s. 8 – Challenging unlawful searches of vehicles, homes, persons, and storage facilities. This is the single most powerful tool in firearms defence.
  • Charter applications under s. 9 and s. 10(b) – Challenging arbitrary detention and denial of the right to counsel.
  • Lack of knowledge or possession – The Crown must prove you knew about the firearm and had control over it. Joint-occupancy and shared-vehicle cases often turn on this.
  • Lawful authority – For licensed owners, demonstrating that possession, transportation, or storage was authorized under the Firearms Act and its regulations.
  • Identity – Challenging that you were the person in possession, particularly in surveillance- or witness-based cases.
  • Constitutional challenges to mandatory minimums – Where the prescribed minimum sentence would be grossly disproportionate in your circumstances (an evolving area of the law).
  • Resolution discussions with Crown – Negotiating to lesser included offences, diversion in appropriate cases, or sentencing positions that protect what matters most to you.

We don’t apply a template. We look at your facts, your background, and your priorities, and we build from there.

Get the Legal Defence You Deserve

If you’ve been charged with a weapons or firearms offence in Surrey or the Lower Mainland, act quickly and contact a lawyer. The earlier we become involved, the more opportunities we have to protect your interests.
 

Cote & Evans is here to help – contact us today for a confidential consultation and take the first step toward protecting your future.

Our Surrey Criminal Law Team

Phil Cote

Phil Cote

Partner

SHREYA BOSE

ASSOCIATE

ELIZABETH DUKE

ASSOCIATE

JESSICA MORNEAU

ASSOCIATE

PAUL SEKHON

ASSOCIATE

ANGELA BARNA

ASSOCIATE

BANEET HANS

ASSOCIATE

JESSICA WOZNIAK

ASSOCIATE

HEATHER MIDDLEMASS

ASSOCIATE

Why us?

Charter Litigation Experience

Firearms files almost always involve a search-and-seizure issue. Our lawyers regularly argue s. 8 and s. 9 Charter applications and know how to turn a police misstep into excluded evidence.

Client Focused

You’ll know what’s happening with your file. You’ll understand the impact on your licence, your travel, and your record. You’ll have your calls returned.

Trusted Advocates

Our clients include licensed firearms owners, hunters, sport shooters, and people facing the most serious allegations. We treat every file with the same preparation and discretion.

Results Driven

We measure success by your outcome – withdrawn charges, acquittals, reductions to non-record dispositions, preserved firearms privileges, and avoided jail when liberty is at stake.

FAQ's

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.

Get A Free Consultation with local Surrey weapons offence lawyers

Don’t wait to start building your defence. A weapons charge can mean prison time, a permanent criminal record, and the permanent loss of your firearms licence – but the right legal strategy, started early, changes the picture. Contact Cote & Evans today for a free, confidential consultation. We’ll review your case, explain what you’re actually facing, and help you take the next steps toward protecting your future.