What is the mandatory minimum sentence for a firearms offence in Canada?

There is no single mandatory minimum that applies to all firearms offences. Section 95 (possession of a prohibited or restricted firearm with ammunition) carried a three-year mandatory minimum when prosecuted by indictment, but this was struck down as unconstitutional by the Supreme Court of Canada in R v. Nur (2015). Section 85 (using a firearm in the commission of an offence) carries a one-year mandatory minimum for a first offence and three years for a subsequent offence. Section 344 (robbery with a firearm) carries a four-year mandatory minimum. Whether a mandatory minimum applies depends on the specific charge and how the Crown elects to proceed.

Can you get bail on a firearms charge in Ontario?

Yes, but bail on firearms charges is often contested. The Crown frequently opposes release on the secondary ground (public safety) and the tertiary ground (confidence in the administration of justice). For offences under section 469 of the Criminal Code, bail must be sought in the Superior Court. For most firearms charges heard in the Ontario Court of Justice, a surety — a person who pledges to supervise the accused and deposit or pledge money — is typically required. Conditions such as weapons prohibitions, house arrest, and curfews are common. A strong bail plan with a reliable surety can make the difference between detention and release.

What is the difference between restricted and prohibited firearms in Canada?

The Firearms Act classifies firearms into three categories. Non-restricted firearms include ordinary rifles and shotguns used for hunting. Restricted firearms include most handguns and certain semi-automatic rifles — they require an Authorization to Transport and can only be used at approved ranges. Prohibited firearms include automatic weapons, sawed-off rifles and shotguns, and certain handguns with a barrel length of 105 mm or less. Prohibited firearms cannot generally be acquired or possessed by individuals, with narrow exceptions for those who were grandfathered when the classification changed. The category of the firearm affects the severity of the charge and the available penalties.

Can a legal gun owner be charged with a firearms offence in Ontario?

Yes. Legal gun owners are regularly charged with firearms offences in Ontario. The most common charges against licensed owners involve careless storage (section 86), careless transportation, and possession at an unauthorized place (section 93). A licence holder whose firearm is stored improperly — for example, left unlocked or with accessible ammunition — can face criminal charges. Police often discover storage issues when attending a home for an unrelated matter, such as a domestic disturbance call. In Toronto, where there is less familiarity with legal gun ownership, licensed owners can face the same investigative approach as unlicensed possessors.

What happens if police find a firearm during a search of my home?

If police find a firearm during a search, the legality of the search itself is a critical issue. Under section 8 of the Charter of Rights and Freedoms, everyone has the right to be secure against unreasonable search and seizure. If police searched your home without a valid warrant, or if the warrant was defective, the evidence may be excluded under section 24(2) of the Charter. You are not required to consent to a search. If police present a warrant, you should comply but make a record of what occurs and contact a criminal lawyer immediately. Constitutional challenges to search warrants are one of the most effective defences in firearms cases.

What is weapons trafficking under the Criminal Code?

Weapons trafficking is an offence under section 99 of the Criminal Code. It covers the manufacture, transfer, or offering to transfer a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition knowing that the person is not authorized to possess it. The maximum sentence is 10 years imprisonment when prosecuted by indictment. Section 100 covers possession of a firearm for the purpose of trafficking, which carries the same maximum. These are among the most serious weapons offences and the Crown will almost always oppose bail. Both the knowledge element and the purpose element can be challenged at trial.

Firearms Charges in Ontario

Q: What is careless storage of a firearm under the Criminal Code?

Careless storage is an offence under section 86 of the Criminal Code. It covers the storage, handling, transportation, shipping, display, or use of a firearm in a careless manner or without reasonable precautions for the safety of other persons. The specific requirements for safe storage are set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations under the Firearms Act. For non-restricted firearms, the gun must be unloaded, rendered inoperable by a secure locking device or stored in a locked container, and ammunition must be stored separately or locked up. A legal gun owner who fails to meet these requirements can be charged criminally.

How Canadian Law Classifies Firearms

Firearms offences in Canada are governed by two statutes: the Criminal Code (Part III, sections 84–117) and the Firearms Act. The Criminal Code creates the offences and sets the penalties. The Firearms Act establishes the licensing and classification system that determines how firearms may be lawfully possessed, stored, and transported.

The Firearms Act divides all firearms into three categories:

Non-restricted — ordinary rifles and shotguns commonly used for hunting. Require a Possession and Acquisition Licence (PAL).
Restricted — most handguns and certain semi-automatic rifles. Require a restricted PAL, registration, and an Authorization to Transport. Can only be used at an approved shooting range.
Prohibited — automatic firearms, sawed-off rifles and shotguns, and handguns with a barrel length of 105 mm or less. Cannot generally be acquired or possessed, with narrow exceptions for grandfathered owners.

The classification of the firearm matters because it directly affects the severity of the charge. Possessing a prohibited firearm with ammunition, for example, is a far more serious offence than careless storage of a non-restricted hunting rifle — even though both are criminal charges.

Unauthorized Possession: Sections 91–95

The Criminal Code creates a series of offences related to possessing firearms without proper authorization:

Section 91 — unauthorized possession of a firearm. A hybrid offence carrying a maximum of 5 years by indictment or 2 years less a day by summary conviction. This is the most basic possession charge and applies when a person possesses any firearm without a valid licence.
Section 92 — possession of a prohibited or restricted firearm knowing its possession is unauthorized. Indictable only, carrying a maximum of 10 years.
Section 93 — possession of a firearm at an unauthorized place. A person with a licence may still be charged if the firearm is at a location not covered by their authorization.
Section 94 — unauthorized possession in a motor vehicle. A straight indictable offence carrying a maximum of 10 years.
Section 95 — possession of a prohibited or restricted firearm with readily accessible ammunition. This is the most serious possession offence, carrying a maximum of 10 years by indictment.

The knowledge element is critical in possession cases. The Crown must prove the accused knew the firearm was in their possession and, for some offences, knew its possession was unauthorized. A person who inherits a firearm without knowing it is prohibited, for example, may have a viable defence based on lack of knowledge.

Careless Use and Storage: Section 86

Section 86 of the Criminal Code makes it an offence to use, carry, handle, ship, transport, store, or display a firearm in a careless manner or without reasonable precautions for the safety of other persons. This is a hybrid offence with a maximum penalty of 2 years by indictment.

The specific requirements for lawful storage are set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations under the Firearms Act. For non-restricted firearms, the firearm must be:

Unloaded
Rendered inoperable by a secure locking device or stored in a locked container or room
Ammunition stored separately or locked up

For restricted and prohibited firearms, the requirements are stricter: the firearm must be stored with a secure locking device and in a locked container or room, and it must be unloaded.

Careless storage charges are common among legal gun owners. Police often discover storage issues when they attend a home for an unrelated reason — a domestic disturbance, a noise complaint, a wellness check. If an officer observes a firearm that appears to be improperly stored, careless storage charges typically follow.

Weapons Trafficking and Importing: Sections 99–100

Section 99 covers weapons trafficking: manufacturing, transferring, or offering to transfer a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition to a person who is not authorized to possess it. The maximum sentence is 10 years by indictment.

Section 100 covers possession for the purpose of trafficking, which carries the same maximum. The Crown must prove both that the accused possessed the firearm and that they intended to transfer it to an unauthorized person.

Importing prohibited weapons is a related offence. It is worth noting that items not commonly thought of as “weapons” can be classified as prohibited under Canadian law. A miniature crossbow, for example, is a prohibited weapon — despite a regular crossbow being legal to possess without a licence.

Mandatory Minimums and Constitutional Challenges

Several firearms offences formerly carried mandatory minimum sentences. The most significant was section 95 (possession of a prohibited or restricted firearm with ammunition), which carried a three-year mandatory minimum when prosecuted by indictment.

This mandatory minimum was struck down as unconstitutional by the Ontario Court of Appeal in R v. Smickle and subsequently by the Supreme Court of Canada in R v. Nur (2015). The courts held that the mandatory minimum violated section 12 of the Charter (prohibition against cruel and unusual punishment) because it would impose grossly disproportionate sentences in reasonably foreseeable cases — such as a licensed gun owner who inadvertently violated a condition of their licence.

The striking down of mandatory minimums does not mean firearms offences carry light sentences. Courts still impose significant periods of imprisonment for serious firearms offences, particularly those involving illegal firearms, gang activity, or violence. But the removal of mandatory minimums gives judges the discretion to impose proportionate sentences in cases where the circumstances warrant it.

Charter Defences: Search and Seizure

Charter challenges are the most effective defence tool in firearms cases. The vast majority of firearms charges depend on physical evidence — the firearm itself — and that evidence is almost always obtained through a search. If the search was unconstitutional, the evidence may be excluded.

Section 8 of the Charter protects against unreasonable search and seizure. Police generally need a warrant to search a home, and the warrant must be based on reasonable grounds set out in a sworn Information to Obtain (ITO). Common grounds for challenging a search warrant include:

The ITO contained insufficient grounds to justify the search
The ITO relied on unreliable informant information
The police exceeded the scope of the warrant
The warrant was obtained based on information from an unlawful initial stop or arrest

Section 9 (arbitrary detention) and section 10 (right to counsel) are also frequently engaged. If a firearm is discovered during a traffic stop, the legality of the stop itself is often challenged. If police searched a vehicle without consent and without a warrant, the search may violate section 8.

When evidence is obtained in violation of the Charter, the court conducts an analysis under section 24(2) to determine whether admitting the evidence would bring the administration of justice into disrepute. If the evidence is excluded, the Crown typically has no case and the charges are withdrawn or dismissed.

Representative Case Results

The following are actual case outcomes from the firm’s weapons offence practice:

R v. D.G.

Client charged with careless storage of a firearm, careless storage of ammunition x 5 and possession of property obtained by crime x 5 had charges withdrawn at College Park Court. The defence raised constitutional issues with respect to the warrant to search the home as well as the improper arrest and search of the car and the Crown chose to withdraw all of the charges rather than proceed. The Crown had initially sought my client’s detention on the secondary and tertiary ground.

R v. C.D.

Client charged with importing a prohibited weapon x 2, careless storage of a firearm x 7, careless storage of ammunition x 5 and possession of a prohibited weapon x 1 had all charges withdrawn at 1000 Finch Court in Toronto. The prohibited weapon in question was a miniature crossbow and the defence argued that the Crown could not prove that the accused knew that the weapon was prohibited under the circumstance, which the Crown ultimately agreed with and withdrew the charges.

R v. G.S.

Client’s charges of careless storage of a firearm x 2 were withdrawn following a defence application challenging the police warrant in Newmarket Court.

R v. A.P.

Client who was originally charged with marihuana production and possession for the purpose of trafficking 3 kilograms of marihuana pled guilty to simple possession of marihuana for a 6 month conditional sentence (jail served at home in the community). The Crown initially sought a corresponding 10 year firearms prohibition, but the judge agreed with the defence and imposed a 6 month firearms prohibition due to my client’s need for firearms as a rural Canadian and due to firearms ownership being a part of his heritage and identity.

First-Time Offender Outcomes

The outcome for a first-time offender charged with a firearms offence depends heavily on the nature of the charge. For less serious charges such as careless storage of a non-restricted firearm, a first-time offender with no criminal record can realistically expect a discharge (absolute or conditional), a suspended sentence, or a fine. Courts recognize that many careless storage cases involve otherwise law-abiding gun owners who made a mistake.

For more serious offences — possession of a prohibited firearm with ammunition, possession of a loaded illegal handgun, weapons trafficking — even a first-time offender faces the real possibility of a custodial sentence. The sentencing range depends on factors including the type of weapon, whether it was loaded, the circumstances of possession, and whether there is any connection to criminal activity.

In all firearms cases, a weapons prohibition order under section 109 of the Criminal Code is mandatory upon conviction. For most firearms offences, the prohibition is 10 years for a first offence and lifetime for a subsequent offence. This prohibition bars the person from possessing any firearm, crossbow, restricted weapon, ammunition, or explosive substance.

The Bottom Line

Firearms charges carry severe consequences — contested bail hearings, mandatory weapons prohibitions, and significant periods of imprisonment on the more serious end. But these cases are also highly defensible. Charter challenges to search warrants, arguments about knowledge and possession, and challenges to the classification of the weapon are all well-established defence strategies that regularly result in charges being withdrawn or dismissed.

If you have been charged with a firearms or weapons offence, do not speak to police. Exercise your right to silence and contact a criminal defence lawyer immediately.

Firearms & Weapons Charges in Ontario