The law of firearms

Montreal Firearms Offences Lawyer

The law governing firearms is quite complicated in Canada. Some weapons are restricted while others are prohibited. For example, you could own and transport a rifle, if you have the appropriate licenses. This is an example of a restricted weapon. Sub-machine guns such as an AK-47 assault rifle are prohibited weapons and therefore are completely forbidden under any circumstances (for the general public).

These are important definitions to keep in mind when dealing with an offence related to firearms.

There are six types of offences regarding firearms in Canada and within each of these types are found specific crimes: 

  • Use Offences, Using firearm in commission of offence, Using imitation firearm in commission of offence, Contravention of storage regulations, etc., Pointing a firearm
  • Possession Offences, Possession of weapon for dangerous purpose, Carrying weapon while attending public meeting, Carrying concealed weapon, Unauthorized possession of firearm, Unauthorized possession of prohibited weapon or restricted weapon, Possession of firearm knowing its possession is unauthorized, Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized, Possession at unauthorized place, Unauthorized possession in motor vehicle, Possession of prohibited or restricted firearm with ammunition, Possession of weapon obtained by commission of offence, Breaking and entering to steal firearm, Robbery to steal firearm
  • Weapons trafficking, Weapons trafficking, Possession for purpose of weapons trafficking, Transfer without authority
  • Assembling Offences: Making automatic firearm
  • Export and Import Offences, Importing or exporting knowing it is unauthorized, Unauthorized importing or exporting
  • Offences relating to Lost, Destroyed or Defaced Weapons, etc, Losing or finding, Destroying, False statements, Tampering with serial number

What Steven Slimovitch Can Offer You

When you or someone you know has been charged with a weapons offence, it is important to retain the services of an experienced criminal defence lawyer as soon as possible. Steven Slimovitch is a highly skilled and experienced criminal defence lawyer with a very impressive track record in this area. He has defended countless people accused of weapons offences and has successfully supported them throughout the legal process and enabled them to get their lives back on track.

Frequently Asked Questions

What should I do if I am charged with a firearms offence?

Stay calm. Do not make any statements to the police without consulting a lawyer. You have the right to remain silent and to request immediate assistance from a lawyer. When it comes to firearm offences, the best defence begins in the first minutes after arrest.

An experienced criminal lawyer can help you protect your rights and build an effective strategy.

What are the penalties for illegal possession of a firearm?

Possession of a firearm without a valid license is a violation of the Criminal Code:

  • The type of weapon: unrestricted, restricted, or prohibited firearm;
  • The location and circumstances of possession;
  • The existence of other offences committed during the commission of the acts.

The determination of the sentence will therefore depend on several factors. A person found guilty may face fines or imprisonment. If it is a prohibited weapon, the maximum sentence can be severe.

What is a restricted or prohibited firearm?

A restricted firearm is a weapon that requires a specific license for possession or transportation. This includes:

  • Certain handguns;
  • Semi-automatic weapons;
  • Weapons that do not comply with the dimensions specified in the Firearms Act.

A prohibited weapon, on the other hand, is generally illegal to possess in Canada. These include:

  • Automatic weapons;
  • Certain concealed or modified weapons;
  • Weapons with excessive firing capabilities.

Possessing a prohibited weapon without a license is a criminal offence.

What happens to my weapon if I am charged with a firearms-related offence?

In most cases, the police will seize the firearm in question as evidence. Then, depending on the outcome of the legal proceedings, the weapon may be:

  • Returned;
  • Confiscated;
  • Or destroyed.

A lawyer can claim your property rights, especially if you are a person who is legally entitled to possess it.

Can I travel with a firearm?

Travelling with a firearm in Canada or abroad is strictly regulated. You must:

  • Hold a valid license;
  • Have a transport authorization;
  • Comply with the applicable laws in the province or country of destination.

In particular, restricted or prohibited firearms require additional documentation. To avoid any deliberate violation, consult a lawyer before travelling.

How can a lawyer help me in a case involving a firearm?

A criminal lawyer can:

  • Verify that your rights were respected during the search or seizure;
  • Challenge the legality of the arrest or search;
  • Analyze the evidence and the alleged criminal intent;
  • Negotiate with the prosecution to reduce or withdraw the charges;
  • In some cases, prevent the accused from serving a prison sentence.
Is it a crime to find a firearm and keep it?

Yes. Anyone in possession of a firearm without authorization is committing a crime. Even if the weapon was found, the law requires that you report it immediately to the appropriate authorities. Failure to do so may result in charges, even without initial criminal intent.

What are the consequences if I use a firearm while committing a crime?

Using a firearm, even a fake one, while committing a crime greatly increases the severity of the charge. The Criminal Code provides severe penalties when a firearm is used in the commission of an offence, even if it is not fired.

A person who discharges a firearm or uses a fake firearm to intimidate may be subject to mandatory prison sentences. The courts place particular importance on offences involving firearms and other weapons.

If you are facing a firearms-related offence, it is essential to consult a specialized lawyer immediately. The possession, use, or transportation of prohibited or restricted firearms is a complex area subject to strict rules under the Criminal Code and the Firearms Act.

Can I contact you at any time if I am arrested or charged with a crime?

Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.

Will you represent me immediately if I contact you after an arrest?

Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.

Do I need to meet you in person to start working with you?

Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.

How quickly can you start working on my case?

Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.

Do you handle cases outside of Montreal?

Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.

LEGAL FEES

Steven Slimovitch offers a free initial consultation in order to properly assess your particular situation and circumstance.
Legal fees are determined either on a per-hour billing rate or a flat fee basis. We will always provide you with an accurate estimate of the potential financial costs associated with your file.