Toronto Possession of Firearm Guns Criminal Defence Lawyer
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possession of firearm
Criminal Defence Lawyer defends possession of firearm charges – Toronto, Brampton, Mississauga, North York
Criminal Code
What is Possession of a Firearm under the Criminal Code
Under section 91 and 92 of the Criminal Code, it is a crime to possess a prohibited firearm, restricted firearm or a non-restricted firearm without a licence and/or registration certificate. A “firearm” is defined by the Criminal Code as a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person. It also includes any frame or receiver of a barrelled weapon and anything that can be adapted for use as a firearm. Where a person is in possession of a firearm, knowing they do not have lawful authority for possession, they may be found guilty of the offence. For a detailed explanation of what constitutes “possession”, please consult “Possession of Weapon” section. There are exceptions to possession of firearm which may not result in a finding of guilt. A person may not be found guilty of possession of a firearm if they are under the direct supervision of the firearm’s owner, and that owner is properly licensed and registered, as long as the firearm is being used in a matter in which the properly licensed owner may lawfully use it. Another exception is if, within a reasonable period after having possession, a person comes into the possession of a firearm and lawfully disposes of it (e.g: you find a gun and you hand it over to police), or if they obtain a firearm licence.
Punishment for Possession of a Firearm
For example, a person using a firearm or imitation of firearm while committing or attempting to commit an indictable offence is liable, for the first offence, to imprisonment of up to 14 years, and to a minimum punishment of imprisonment for one year. In case of a second or subsequence offence, to imprisonment for up to 14 years and to a minimum punishment of imprisonment of 3 years. If a firearm is used to commit criminal negligence causing death, manslaughter, attempted murder, causing bodily harm with intent, sexual assault with a weapon or causing bodily harm, aggravated sexual assault, kidnapping, hostage-taking, extortion, and robbery, the mandatory minimum penalty upon finding of guilt is four years imprisonment. Possessing a firearm knowing its possession is unauthorized is a straight indictable offence and carries long jail sentences as well. For the first offence, while there is no minimum punishment, a person can be liable for up to ten years in prison. For second offence, the mandatory minimum punishment is one year of imprisonment and a maximum of 10 years. For a third and subsequent offences, the maximum punishment is imprisonment for up to 10 years and the mandatory minimum punishment is imprisonment of two years less a day.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with possession or trafficking firearms, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
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