Firearm and Weapons Offence Lawyer | Sam Goldstein

Legal Services For Firearm and Weapons Offence

Facing a firearms or weapons charge in Ontario? You need more than a general criminal defence lawyer. You need an advocate who understands the intricacies of both the Criminal Code and the Firearms Act.

Toronto criminal defence lawyer Sam Goldstein has built a reputation for handling high-stakes firearms cases with precision, persistence, and proven courtroom results. With decades of experience as both a defence lawyer and a former Crown prosecutor, Sam is uniquely positioned to anticipate the Crown’s approach and counter it with a well-prepared, strategic defence.

Weapons charges in Canada are among the most technical and strictly prosecuted offences in criminal law. Whether you’re facing allegations of:

• Unauthorized or illegal possession of a firearm
• Unsafe storage or transport
• Possession of a weapon for a dangerous purpose
• Carrying a concealed weapon
• Importing or exporting a restricted firearm
• Using a firearm in the commission of a crime
• Trafficking or manufacturing prohibited weapons

Sam Goldstein provides skilled, individualized representation designed to protect your rights, preserve your record, and pursue the best possible outcome.

When you’re charged with a weapons or firearm offence, your reputation, freedom, and future are on the line. You need a lawyer who has handled these cases at trial, understands the nuances of federal firearms law, and knows how to challenge evidence, police conduct, and Crown assumptions.

Understanding firearm and weapons offences in Canada

Canada has some of the most stringent firearm laws in the world. Violations can carry life-altering consequences, from long-term imprisonment to lifetime bans on firearm ownership. These offences fall under several key categories:

Firearms

This category includes any barreled weapon from which any shot, bullet, or other projectile can be discharged and that is capable of causing serious bodily injury or death. It includes handguns, rifles, shotguns, and automatic firearms. Canada has stringent regulations surrounding the possession, storage, transportation, and use of firearms. Specific licenses are required, and certain types of firearms (such as automatic weapons) are prohibited entirely.

Prohibited weapons

Listed in Canada’s Criminal Code, these include:

• Switchblades and other automatic knives
• Brass knuckles
• Short-barreled handguns
• Certain replica or modified firearms

Possession is a criminal offence unless a specific exemption applies.

Restricted weapons

This category includes certain types of firearms (like some types of handguns or semi-automatic firearms) that are not prohibited but are subject to stricter regulations. They can only be possessed with a specific license, and their use and transport are heavily restricted.

Imitation firearms

These may not be capable of firing, but if used to threaten, intimidate, or commit a crime, they are treated as weapons under the law.

Explosives

Any form of explosive device, including homemade bombs, grenades, or other similar items, can be considered weapons, with their possession and use subject to criminal penalties.

Edged weapons

This includes items such as knives (excluding certain prohibited types), swords, and other sharp instruments. These can be considered weapons if they are used in a threatening manner, to cause harm, or to commit a crime.

Blunt instruments

Objects that are not inherently weapons, like baseball bats, hammers, or other tools, can be considered weapons if they are used with the intent to threaten, harm, or kill someone.

Common firearm and weapon charges

• Unauthorized possession of a firearm
• Possession of a weapon for a dangerous purpose
• Carrying a concealed weapon
• Pointing or discharging a firearm
• Using a firearm in the commission of an offence
• Trafficking or smuggling of firearms
• Improper storage of a firearm

Each of these offences may be prosecuted as either a summary or an indictable offence, depending on the severity of the allegations and the individual’s prior convictions.

Penalties and sentencing

In Toronto, as in the rest of Canada, the length of a sentence for a gun charge can vary greatly depending on the specifics of the crime. The Canadian Criminal Code outlines the potential penalties for all Canadians facing various firearm offences, including unauthorized possession, trafficking, and using a firearm in the commission of an offence.

• Unauthorized possession of a firearm: Up to 5 years in prison (indictable).
• Possession of a prohibited or restricted firearm with ammunition: Up to 10 years in prison.
• Pointing a firearm: Up to 5 years in prison.
• Discharging a firearm with intent: Up to 14 years in prison.
• Using a firearm in the commission of an offence: Mandatory minimum of 1 year imprisonment.

Prior criminal history, presence of ammunition, gang affiliation, and the nature of the alleged offence can all influence sentencing severity.

Legal defences to firearm and weapons charges

Sam Goldstein has successfully defended clients using a range of strategic arguments, including:

• Lack of intent: You didn’t intend to use or possess the weapon unlawfully.
• Unlawful search and seizure: Police violated your Charter rights during the arrest or investigation.
• Mistaken identity or lack of knowledge: You didn’t know the weapon was in your possession.
• Improper classification: The item in question does not legally qualify as a weapon or firearm.
• Police or Crown misinterpretation: Officials may not fully understand the nuanced classification of certain items (e.g., black-powdered revolved, BB guns).

“In one case, my client was denied bail for possessing a black-powder revolver, because the court didn’t realize it didn’t require registration under firearm laws. We secured his release, and the charges were released.” – Sam Goldstein

What is a concealed weapon charge in Canada?

Under Section 90 of the Criminal Code, carrying a concealed weapon without lawful excuse is a criminal offence. This offence applies to more than just firearms, it also includes any weapon that is hidden from plain view and carried in a way that could pose a threat to public safety. Common examples include:

• Handguns tucked in waistbands or hidden under clothing
• Concealed knives or switchblades in jackets or bags
• Improvised weapons, such as brass knuckles or batons, hidden from sight

The offence focuses on concealment and intent, meaning the Crown must prove that:

1. You were in possession of a weapon, and
2. You were intentionally concealing it, without lawful justification.

Is it always a serious offence?

Yes. Concealed weapon charges are classified as hybrid offences. This means the Crown can choose to prosecute the charge:

• Summarily (less serious), with penalties of up to six months in jail and/or a $5,000 fine, or
• By indictment (more serious), with a maximum sentence of five years in prison.

Factors that influence how the offence is prosecuted include:

• The type of weapon involved (e.g., firearm vs. knife)
• Whether the weapon was loaded or easily accessible
• Your criminal record or any history of violence
• The context in which the weapon was concealed (e.g., near a school, nightclub, or during an altercation)

The seriousness of a concealed weapon charge makes it critical to have experienced legal representation from the start. Misunderstandings about what qualifies as a “weapon” or what counts as “concealed” can lead to wrongful charges, and potentially, a criminal record that affects your employment, travel, and reputation.

If you’ve been charged with carrying a concealed weapon in Toronto or anywhere in Ontario, contact Sam Goldstein for a strategic and personalized defence.

Actual vs. constructive possession

• Actual possession: You physically have the weapon (e.g., carrying it in your bag or waistband).
• Constructive possession: The weapon is not on your person but is under your control, and you’re aware of it (e.g., in your home or vehicle).

Can you use a gun in self-defence in Canada?

Yes, but only under very limited and strictly regulated circumstances.

While Canadian law does recognize your right to defend yourself, another person, or your property from harm, the use of a firearm for self-defence is heavily scrutinized and can lead to serious criminal charges if the force used is considered unnecessary, excessive, or unauthorized.

Under Section 34 of the Criminal Code, you may use force to defend yourself or others, but only if:

• You believe on reasonable grounds that force is being used against you or another person, or that a threat of force is imminent.
• You act to defend yourself or another from the use or threat of force.
• Your actions are reasonable in the circumstances, based on factors like the nature of the threat, the proportionality of your response, and the availability of alternatives.

Key considerations in firearm self-defence cases

• Proportionality: The level of force used must be proportionate to the threat. Using a firearm against an unarmed individual could be deemed excessive, even if you felt threatened.
• Necessity: The use of a gun must be a last resort. If there were other reasonable means to avoid the threat (such as retreating or calling for help), the court may find the firearm use unjustified.
• Possession laws still apply: Even if your actions meet the standard of self-defence, possessing a firearm without proper licensing or storage compliance is still a criminal offence. You could face charges for unauthorized possession or unsafe storage, regardless of whether the shooting itself is justified.

International and cross-border issues

Planning a hunting trip to Canada from abroad? Be warned:

• Bringing a concealed or undeclared firearm into Canada carries a minimum 3-year prison sentence.
• Always declare weapons and seek legal guidance before traveling.

Why choose Sam Goldstein?

With over 20 years of experience in criminal trials, Sam Goldstein brings an exceptional depth of knowledge and courtroom skill to every case. As a former Crown prosecutor, he understands the strategies used by the prosecution and uses this insight to craft effective, proactive defences.

Sam has a proven track record of success in handling complex weapons and firearms cases, including those involving prohibited, restricted, and replica weapons. His expertise extends beyond domestic law. He also advises on cross-border firearms issues, making him a trusted resource for lawful gun owners, hunters, and international visitors alike. When your freedom and reputation are on the line, Sam Goldstein provides the experience and strategic defence you need.

Facing a weapons or firearm charge in Toronto?

Given the serious legal implications of using a firearm in self-defence in Canada, it is advisable to seek a lawyer who understands the complex, technical nature of firearm law in Canada.

Many police officers, Crown prosecutors, and even judges may not fully understand the specific classifications and exemptions under the Firearms Act and Criminal Code. Sam Goldstein does.

In one case, Sam successfully secured bail for a black-powder revolver owner after demonstrating that, under Canadian law, such firearms do not require registration or licensing. In another case, a man who ordered a BB gun by mail was arrested when police incorrectly classified it as a prohibited replica firearm. Sam proved in court that the gun did not meet the legal criteria of a replica weapon, resulting in his client’s release.

Whether you’re facing charges for unauthorized possession, unsafe storage, trafficking, or use of a firearm in the commission of an offence, Sam Goldstein provides the strong, informed defence you need. He also represents hunters and gun enthusiasts dealing with cross-border firearms issues. It’s important to know that bringing a concealed or undeclared firearm into Canada can result in a minimum of three years in prison, even for first-time visitors unaware of the law.

Have you been denied a firearms license due to a medical condition or administrative issue? Sam also assists lawful gun owners in challenging license denials and restoring their ability to legally possess firearms.

Firearm and weapons offences are taken seriously by Canadian courts and carry the risk of lengthy jail time, permanent criminal records, and loss of your ability to own or use firearms in the future. Don’t leave your defence to chance.

Charged with a firearm offence? Call 416-927-1211 to speak directly with Sam Goldstein.