Firearms & Weapons Charges Defence Lawyers in Ottawa
Whether you’ve been charged with a stand-alone firearms offence or it is connected to another alleged crime, handling it alone is not an option.
Cases are often highly technical and demand careful analysis from lawyers experienced in firearms charges.
With such severe penalties (possibly including jail time), it is no time to gamble on your future.
Experienced legal representation provides the best possible chance of escaping a criminal conviction and acts as a calming influence at this stressful time.
Whether you’ve been charged for the first time with possession of a handgun or you’ve illegally used a firearm in a crime, you are entitled to a defence and to prove your innocence.
Powerful Defence for Firearm Charges in Ottawa
We will help you:
- Analyze the evidence against you for any weaknesses
- Build a powerful defence
- Push for case dismissal, acquittal at trial, or reduced charges
Our comprehensive knowledge of the gun law regime in Canada is fundamental to your strongest possible defence.
Solomon Friedman, is a local authority on the matter, speaking and writing regularly about firearms law in Ottawa.
What are the firearms laws in Canada?
In Canada, gun ownership laws are not as liberal as in the U.S. but there are many lawful gun owners and collectors in the country.
The relevant laws and penalties are laid out in the Criminal Code and the Firearms Act (1995), The latter covers:
- Firearms
- Cross-bows
- Prohibited weapons
- Restricted weapons
- Prohibited devices
- Ammunition
Gun ownership is heavily regulated in Canada and a gun registry was established in 2002 to maintain control.
According to the Criminal Code, prohibited firearms are:
- Handguns with a barrel “equal to or less than 105mm in length”, or designed to utilize .25 or .32 caliber ammunition
- Any firearm which is a rifle or a shotgun less than 660mm in length or with a barrel less than 457mm in length
- Any automatic firearm that has not been “altered to discharge only one projectile with one pressure of the trigger”
These firearms rules apply to everyone except police officers and other exempt categories.
If you owned a registered firearm that became prohibited when the firearms act was initiated, you may still legally possess that firearm.
Examples of firearm charges in Ontario
Many Canadians face a lack of understanding by the law enforcement authorities (including the police) of firearms laws.
In these cases., a firearms charge is relatively simple to defend for any experienced lawyer.
However, most firearms charges are more challenging.
Some examples of common firearms offences in Ottawa include:
- Unauthorized possession (unregistered firearms)
- Failure to report a lost firearm
- Failure to report finding a firearm that does not belong to you
- Improper storage of firearms
- Transporting firearms without authorization from the Chief Firearms Officer
The most common of all firearms charges is illegal possession. You must have a license for your firearm and, if it is restricted, a registration certificate too.
More serious cases involving firearms include:
- Trafficking – transferring possession of a firearm, weapon or ammunition to someone not authorized to possess it
- Illegal use of a firearm – such as pointing a firearm or carrying a concealed weapon
- Use of a firearm in a burglary, assault, or other serious crime – a standalone charge applying to anyone using a firearm, whether it results in bodily harm or not
What are the penalties for a firearm conviction in Ottawa?
The main concern with firearms charges is the perceived risks posed to public safety.
If you do not exercise enough care or take reasonable precautions for the safety of others while owning, using, storing, or transporting firearms or ammunition, the consequences are serious.
Your case can be treated as a “hybrid offence”, meaning that it can be either a summary charge or an indictable charge, depending on the level of perceived risk to public safety.
Being found guilty for the first time of a “non-severe” firearms offence will generally mean:
- Six months to five years in prison
- A $5,000 fine
For more severe offences, you can expect:
- A minimum prison sentence of six months to 2-3 years (up to 10 years maximum)
- A $5,000 fine
Repeat offenders will face more severe penalties.
Solomon Friedman – Firearms Advocate
As a sportsman, target shooter and firearms advocate, Solomon is uniquely positioned to understand the issues faced by firearms owners.
Solomon attended the University of Ottawa, Faculty of Common Law, where he graduated magna cum laude. Upon graduation, he was selected to clerk at the Supreme Court of Canada for the Honourable Mr. Justice Morris Fish. He is called to the Bar of Ontario.
Solomon has represented his clients at trial before the Ontario Court of Justice and the Ontario Superior Court of Justice. He uses his experience, together with his talent for effective written advocacy, to create persuasive and innovative legal arguments, both at trial and on appeal.
Solomon writes widely on topics related to criminal law and appears often in the media – print, television and radio – to discuss high-profile cases and new developments in the law. His opinion and feature articles have appeared in newspapers across the country, including the National Post, the Montreal Gazette and the Ottawa Citizen. He is a regular contributor to the Citizen’s bi-weekly column on legal rights and criminal law, entitled “Right to Know.”
Solomon has also testified regarding firearms law before Standing Committees at both the House of Commons and the Senate of Canada.
While at law school, Solomon was the recipient of the prize for the highest grade in the Advanced Criminal Procedure course. He also had the distinction of receiving the Law Society of Upper Canada Award for Outstanding Achievement in Legal Studies, the Osgoode Society Prize for Canadian Legal History and the Law Foundation of Ontario Award for academic excellence. In addition to obtaining the University of Ottawa Merit Scholarship for each of his years of study at law school, Solomon was also awarded the Catherine Helen Maclean Upper Year Award for his academic achievement and class standing.
Solomon is a member of the following professional organizations: Criminal Lawyers’ Association, County of Carleton Law Association, Ontario Bar Association, Defence Counsel Association of Ottawa and the National Association of Criminal Defence Lawyers.
Solomon is one of the managing lawyers at The Friedman Mansour LLP initiative. Solomon Friedman also manages the “Firearms Law” website.
For more information, please contact us directly for a free consultation. For additional information, consider the book below, co-authored by Solomon Friedman & Fady Mansour.
Firearms Video Blogs
Firearm Charges: How we will defend you
With such devastating consequences for a conviction, you need the best possible defence.
We have defended over 100 people accused of firearm charges involving weapons and ammunition.
Charges range from improper storage to more serious crimes involving illegal use of firearms.
Many of these individuals had legal rights to possess firearms and we were able to successfully challenge the evidence, based on:
- Charter rights arguments
- The methods used to search your premises
The complex nature of most firearms charges makes it essential to engage the necessary legal experience to work on building the best possible defence for your case.
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