The word “weapon” in the Criminal Code is much wider than most people expect. It covers guns and switchblades, and it can also cover a baseball bat under a car seat or a box cutter in a jacket pocket, depending on why the object is there. A person can walk into the Brampton courthouse charged with a weapons offence after a dispute at a plaza, a traffic stop, or a police visit about something else entirely.
At the other end of the scale, some people run into trouble through paperwork or carelessness: a licence that lapsed while a hunting rifle sat in the basement, or a firearm stored in a way that did not meet the regulations. Both ends of that range sit in the same part of the Code, yet they differ enormously in seriousness.
This article explains how the main offences fit together in Ontario. It is general information rather than legal advice, and because firearms rules in particular have changed many times over the years, anything specific to your situation should be confirmed with a lawyer.
What the Law Counts as a Weapon
Section 2 of the Criminal Code defines a weapon as anything used, designed to be used or intended for use in causing death or injury, or for threatening or intimidating someone. Firearms are included expressly.
The key word is “intended.” That definition has two halves. Some items are weapons because of what they were made for. Others become weapons because of how they were used or meant to be used. A hammer in a contractor’s tool bag on the way to a job in Bramalea is a tool. The same hammer carried to confront someone may be a weapon. The Crown would need evidence of that purpose, which can come from what was said, where the person was going, or what happened next.
Other categories are defined more strictly:
- Prohibited weapons include any knife whose blade opens automatically by gravity, centrifugal force or hand pressure on a button, spring or other device in or attached to the handle. Federal regulations add other items, such as nunchaku, shuriken (throwing stars), brass knuckles and spiked wristbands, as well as certain devices that discharge sprays or electric charges at people.
- Restricted weapons are those prescribed by regulation.
- Firearms are divided into non-restricted, restricted and prohibited classes. Many handguns are restricted, and some are prohibited, and the classification of a specific model can depend on the barrel length, the calibre and the regulations.
This is why a butterfly knife or a flick-open blade bought online or abroad can land someone in court, even if they kept it as a curiosity. Whether a specific knife falls within the definition can be a real issue for a court, and some “assisted-opening” knives can raise difficult questions. Do not rely on a store’s description or a seller’s assurances.
The Offences People Most Often Face
Here are some of the main provisions, with the maximum penalties when the Crown proceeds by indictment. Most can also be prosecuted summarily, which leads to lower penalties. Those maximums are ceilings; they do not predict a sentence.
| Offence | Section | What it covers | Maximum on indictment |
|---|---|---|---|
| Possession for a dangerous purpose | 88 | Carrying a weapon, imitation or ammunition for a purpose dangerous to the public peace or to commit an offence | 10 years |
| Carrying a concealed weapon | 90 | Carrying a weapon, prohibited device or prohibited ammunition hidden, without authorization | 5 years |
| Pointing a firearm | 87 | Pointing a firearm at another person without lawful excuse, loaded or not | 5 years |
| Careless use or storage | 86 | Handling, transporting or storing without reasonable precautions, or contravening storage regulations | 2 years on a first offence; 5 years after that |
| Unauthorized possession | 91 | Possessing a firearm without a licence, or a prohibited or restricted weapon without one | 5 years |
| Knowingly unauthorized possession | 92 | Possession while knowing that you lack the licence | 10 years (indictment only) |
| Loaded or accessible prohibited or restricted firearm | 95 | Loaded, or with readily accessible ammunition, without the licence and registration | 14 years |
There is also section 89, a summary conviction offence for carrying a weapon, without lawful excuse, to a public meeting. In addition, trafficking and related firearm offences under sections 99 and 100 sit in a much more serious category, and using a firearm or an imitation in committing an offence falls under section 85, with mandatory consecutive jail time.
Concealment is a good example of how a detail can matter. Section 90 asks whether the weapon was carried hidden. A knife that is out of sight in a bag may raise that question. But the Crown must also prove it was a weapon, and an ordinary work knife is not automatically one.
Firearms Storage: The Rules Are Specific
Licensed owners often assume that a charge is impossible as long as the gun is legal. Section 86 says otherwise. Storing a firearm in breach of the regulations is an offence in its own right, even when no one was harmed.
The Storage, Display, Transportation and Handling of Firearms by Individuals Regulations set out what is expected. In summary, for an individual storing at home:
Non-restricted firearms must be unloaded. They must also be made inoperable with a secure locking device, or have the bolt or bolt-carrier removed, or be stored in a container, receptacle or room that is kept securely locked and cannot readily be broken into. Ammunition must not be readily accessible unless it is stored in a similar locked container.
Restricted firearms must be unloaded. They must either have a secure locking device and be kept in a locked container, receptacle or room that cannot readily be broken open, or be kept in a vault, safe or room specially built or modified for secure storage. The ammunition rule applies here too.
Prohibited firearms face the strictest treatment, and the rules vary with the firearm and the licence.
Transport and display have their own rules. A common hypothetical: a licensed hunter leaves a rifle in the trunk overnight in a driveway in Brampton, or leaves an unloaded shotgun leaning in a closet with ammunition on the shelf above. Neither has shot anybody, but either could prompt a charge. If a child, a teenager or a guest could reach the firearm, the facts look much worse.
If you have been told police are coming to inspect, or there is a family dispute at home, do not start moving firearms around in a panic. Transport rules apply, and moving them may create additional issues. Call a lawyer first.
A Lapsed Licence Is a Serious Problem
A licence can lapse quietly, through a missed renewal, a change of address or a mail delay. Firearms that were lawful then become unlawful to possess, and it is the sort of situation sections 91 and 92 can capture, with different treatment depending on what you knew. Section 91 does not require proof you knew your licence was invalid in the same way section 92 does.
If you inherit a firearm or find one while clearing out a relative’s house in Heart Lake, there is an exception in section 91 for certain situations where someone comes into possession by operation of law and promptly lawfully disposes of it or obtains the required licence. Do not assume you qualify. Call a lawyer or the Canadian Firearms Program for guidance before handling or moving it. Do not put it in your vehicle and take it to the police station unannounced.
Handgun owners should also know the federal rules on handguns have been tightened considerably, including limits on transferring them. Anyone buying, selling or inheriting should get current advice.
What the Crown Must Show About Possession
Possession is more than owning. Under the Code it includes knowledge plus control, including when something is held by another person or kept in a place for your benefit. If several people share a car, a bedroom or a garage, the identity of the person who possessed the item often becomes the central dispute. Being near a weapon is not the same as possessing it. The Crown must prove that you knew it was there and had some measure of control over it.
Other questions come up in many cases:
- Was the search lawful? A weapon found during an unlawful stop or a defective warrant can lead to a Charter application under sections 8 and 24(2). Exclusion of evidence is not automatic. Courts balance several factors.
- Is it what the Crown says it is? For a firearm, the Crown generally must prove that the object meets the legal definition. For a knife, how the blade actually opens can be tested.
- Was there a lawful excuse? Some offences allow this defence, and tools of a trade or legitimate use may be relevant.
- What was the purpose? Section 88 depends on proof of a dangerous purpose. Carrying something for self-protection is not a simple answer to this. It can actually support the Crown’s case, since saying you were carrying a knife to use on someone if needed may suggest a dangerous purpose.
That last point catches people out. Telling an officer “I carry it for protection” feels like an innocent explanation, but it can turn a work tool into an admission. You have the right to speak to a lawyer and generally do not have to explain.
Bail: Where Firearms Cases Turn Hard Early
For many firearm offences, the usual bail presumption flips. Section 515(6) requires an accused to justify release in a number of cases, including charges under sections 95, 98, 98.1, 99, 100, 102 or 103, offences involving a firearm or other weapon while the person was under a prohibition order, and more. Where that reverse onus applies, you must clearly show that your release plan addresses the risks that you pose. The ladder approach that normally favours the least restrictive form of release does not apply.
In practice, this means your lawyer and family need to have a real plan quickly: a place to live, supervision, perhaps a surety, and possibly work or treatment. Even when the reverse onus does not apply, courts commonly order weapons prohibitions as part of release, and those orders may mean that a licensed person must surrender firearms. A breach of those conditions brings another charge and can make things much worse.
If you hold a firearms licence and face any charge involving violence, expect police to ask about your firearms, and possibly to seize them and seek revocation of your licence. Police also have powers under sections 117.02 and 117.04 to search and seize in some circumstances. An application to keep or return items may be possible, and you will want advice on it.
Sentencing and Longer-Term Consequences
Sentences vary widely. A first-time offender with a carelessly stored rifle is treated very differently from a person found with a loaded handgun in a vehicle. Section 95 has no mandatory minimum in its current wording, but courts generally treat loaded handgun possession as a serious offence, and jail remains a real possibility. Prior firearms convictions, a link to other crime, and possession near a school or a public place can all increase the sentence.
Other consequences are often felt longer than the sentence:
- Weapons prohibition orders. Section 109 makes these mandatory for a list of offences, including section 95 and indictable offences involving violence with a maximum of ten years or more, and they can apply for 10 years or life. Section 110 gives the court discretion in other cases. This can end a hunting hobby or a job that needs a licence.
- Forfeiture. Items involved in the offence are often forfeited, and it may be difficult to get them back.
- Immigration. A permanent resident or a foreign national can face inadmissibility. Tell your lawyer about your status as soon as you can.
- Employment and licensing. Security work, border-related jobs, and many cross-border trucking roles out of Brampton may be affected.
A discharge may be available in some of these cases, as section 730 excludes offences with a minimum penalty or a 14-year or life maximum. Section 95 prosecuted by indictment has a 14-year maximum, so a discharge would not be available there. That is one reason the Crown’s choice of procedure and the specific charge matter so much.
If Police Have Contacted You
Do not delete messages, sell or dispose of anything, or ask a friend to hold on to an item. Those steps could lead to new charges. Keep any licence, registration and purchase documents together, and photograph how the items were stored only if your lawyer says that would help. Speak with counsel before any interview.
Our criminal law page describes the kinds of charges we address in Peel, and you can contact the office to talk about your release terms, your licence or an upcoming date. Any honest assessment of these charges depends on the details of the search, the item and your history, so bring every document you received.
Sources and Further Reading
- Criminal Code, section 95: Possession of prohibited or restricted firearm with ammunition
- Criminal Code, section 88: Possession of weapon for dangerous purpose
- Storage, Display, Transportation and Handling of Firearms by Individuals Regulations
- Regulations Prescribing Certain Firearms and Other Weapons as Prohibited or Restricted