Protect Your Rights

Possession of Weapons & Firearms Defence Lawyer in Brampton

Facing criminal charges for possession of weapons or firearms can drastically alter your life. Whether you’re accused of carrying a concealed weapon, unlawful possession of a firearm, or improper use, the legal consequences are serious—and the records permanent. But you do have a right to defend yourself, challenge the charges, and protect your future.

As a seasoned criminal defence lawyer based in Brampton, I specialise in aggressively defending weapon-related charges across the Peel Region. Let’s explore how I can help.

What Counts as Weapons or Firearms Offences?

Weapons and firearm offences encompass a wide range of activities, including possession, carrying, concealment, and trafficking of weapons. These charges can arise from the use of weapons in other criminal activities or from violations of specific regulations regarding weapons.

Under Canadian law, these charges fall into several categories:

  1. Careless Use of a Firearm – Discharging or handling a gun without proper safety measures.
  2. Possession of a Weapon for a Dangerous Purpose – Carrying any weapon (firearm, knife, bat) with intent to threaten or harm.
  3. Unauthorized Possession of a Firearm – Keeping an unregistered, restricted, or prohibited firearm without a licence.
  4. Unauthorized Transportation – Moving a firearm without proper authorization or storage.
  5. Possession of a Loaded Restricted Firearm – Having a loaded restricted firearm (like a handgun) in public or without legal authorization.
  6. Possession in a Prohibited Place – Carrying any firearm or weapon in places like schools, government buildings, or public transit.
  7. Using a Weapon in the Commission of a Crime – Using or threatening to use a weapon while committing another offence.

Each carries its own potential imprisonment terms, ranging from fines and probation to mandatory minimum prison sentences.

Why These Charges Matter

Under Canadian law, weapons are divided into three categories:

  • Restricted: Includes certain firearms that require special permits.
  • Non-Restricted: Common firearms that meet specific regulatory standards.
  • Prohibited: Weapons that are not allowed for civilian use.
Penalties escalate fast:
  • Careless Use: Up to 10 years in jail
  • Unauthorized Possession: 5 years indictable
  • Loaded Firearm in Public/Unauthorized Place: Generally 5 years, with potential minimum sentences
  • Cases tied to crime (e.g., robbery or assault with a weapon) often result in longer sentences and mandatory minimums
Beyond legal consequences, a weapons conviction can:
  • Prevent you from acquiring licences or permits
  • Disqualify you from professions (e.g. security, policing, taxicab driving)
  • Make you ineligible for volunteer roles, custody decisions, or immigration approval

What the Crown Must Prove

To secure a conviction, the Crown must show:

  1. You knew you had the weapon or firearm
  2. You had possession—either actual (on person) or constructive (in home, car)
  3. You lacked lawful authority—no valid licence, permit, or legal justification
  4. You intended to use it dangerously (where required, e.g., “dangerous purpose” cases)

Many cases revolve around who had control of the item and whether the accused understood the legal limits.

Effective Defence Strategies

1. Ownership and Intent
Proving you didn’t know the weapon was there (e.g., borrowed car), or it belonged to someone else.

2. Lawful Purpose
In some cases—like ranch work or licensed firearm use—carrying a weapon may be lawful.

3. Charter Violations
Was the weapon found during a legal search? Unlawful stops can invalidate evidence.

4. Identification Disputes
If the Crown can’t prove the item was yours, the case may fail.

5. Character and Context
Long-term lawful ownership, community ties, or recreational use argue against criminal intent.

6. Plea or Sentencing Negotiation
In some cases, we can negotiate to avoid jail time, focusing on probation or treatment.

How the Legal Process Unfolds

1. Arrest / Release Conditions
You may be released on promise or given bail with strict weapon restrictions.

2. Disclosure and Evidence
I will review police reports, search warrants, and seized items.

3. Case Assessment
We evaluate defences, past record, and your goals.

4. Negotiation with Crown
Where appropriate, we may reach a plea agreement.

5. Pre‑Trial Applications
We can challenge evidence gathering or legal violations.

6. Trial or Sentencing
At trial, I challenge evidence; at sentencing, I highlight your rehabilitation and character.

Real-Life Defence Examples

  • Mistaken Hotel Room: A person found with a concealed knife left behind by a previous guest. Deemed they didn’t know it was there; charges withdrawn.
  • Unawareness in Shared Vehicle: In a car shared with friends, a weapon was found without your knowledge; we argued lack of control and intent.
  • Licensed Hunter: Facing an improperly stored rifle charge; successfully argued traditional use with no dangerous intent—resulted in reduced penalty.
  • Illegal Search at Traffic Stop: Police searched a vehicle without grounds; court ruled evidence inadmissible and case dismissed.

Why You Need Expert Legal Help Now

  • Weapons cases escalate fast due to strict laws and public safety concerns
  • Bail is not guaranteed, and conditions may severely restrict your life
  • Lawful defences are complex—some hinge on licensing, intent, or search legality
  • Missing deadlines (like disclosure) can hurt your case
  • Fortified sentencing submissions can help avoid jail if necessary

FAQ – Weapons & Firearm Charges in Brampton

Do I need a licence for all firearms?
Yes—without a licence for restricted/prohibited firearms, possession is illegal.
Possibly, if you control or knew about the weapon—whether or not you were present.
That could mean your rights were violated, leading to exclusion of evidence.
Yes—especially if you had control over the location or surroundings.
It depends—but even first-time offenders can face jail unless we negotiate probation or reduced charges.
Absolutely—many titles require legal clarity; a conviction can bar you from futures in security, policing, or regulated industries.
Summary offences may resolve in months; complex cases can take over a year.
Some professional roles—like licensed collectors, hunters, or security agents—require strict licensing, safe storage, and justifiable purpose.

Let’s Protect Your Rights Now

If you are facing weapons or firearm charges in Brampton, timing matters:

  • Preserve evidence and challenge bail before restrictions limit your life
  • Use my experience to set up a strategic defence tailored to your case
  • Protect your future—your freedom, employment, reputation, and record
Contact Gary Batasar