A large part of defending firearms offences is educating the police and the courts on what the law on firearms actually is. In one case a black-powdered revolver owner was denied bail because neither the police officer, the Judge, nor the Crown knew that, under the firearms legislation, black-powdered revolver owners are not required to have the gun registered or licenced. In another case a man ordered a BB gun through the mail. The police intercepted it prior to delivery and determined it was a “replica” meaning that it was a prohibited weapon if its mussel velocity exceeded a certain speed or the BB could cause serious bodily harm. The man was released from jail after the Court finally conceded that the gun was not a replica.
If you are charged with a gun related offence, you need a lawyer experienced with both the Criminal Code and Firearms Act. Call Sam Goldstein Criminal Law Trials & Appeals. If you are a hunter or gun enthusiast and want to import or export a firearm, you need a lawyer who can assist you with the issues. If you are visiting Canada from Abroad and plan on a hunting vacation, you must understand that crossing into Canada with a concealed weapon is a minimum of three years in jail.
If you are a lawful gun owner and you have been denied a firearms licence due to a medical condition, then call Sam who can help you get back your licence.
Firearm and gun offences in Canada are treated seriously by the Courts. Whether you are charged with careless storage of a firearms under the Firearms Act or trafficking in firearms, or possession of a weapon, call Sam for a dedicated and experienced defence.
Serious Bodily Harm
To determine whether, for example, a BB gun could cause serious bodily harm the police shoot a projectile from the subject gun at a (dead) Pig’s eye to see if the projectile damages the eye. This test is known as the “Pigs’ Eye Test.” This test is widely accepted as determining whether a gun could cause serious bodily harm but there are defences to this test.
This Act is the Canadian regulatory law pertaining to the right to possess a firearm, means of transportation and offenses relating to the violation of this act. For the most part, Canadians are not allowed to carry a concealed firearm in public unless they are police officers. Members of the Canadian Forces (Military) can only carry and use their weapons in public during war time or for special ceremonies. Canadian citizens can legally possess registered firearms of any class (non-restricted, restricted & prohibited) within their homes as long as the permit allows for it.
Part III of the Criminal Code deals with firearms and weapons offences. It criminalizes many of the regulatory infractions contained in the Firearms Act.
There are some items such as “firearms” and a list of other illegal objects including brass knuckles or cross bows that will always meet the definition of a weapon in law. Other items, such as a pocket knife or hunting knife require that the item be, “used, designed to be used or intended for use in causing death or injury to any person or for the purpose of threatening or intimidating any person” to meet the definition of a weapon. The Crown Attorney must prove that the item meets this definition or fall within a list of prohibited weapons in order to establish that the item is a weapon.