Québec City Firearm & Weapon Offences Lawyer

Firearms and weapons are closely regulated by all levels of government: federal, provincial, and municipal. One may possess a legal firearm for the purpose of hunting or target practice. However, there is no right to possess firearms in Canada. Canadian laws prohibit owning many forms of firearms based on barrel circumference, velocity, and automation. The federal list of prohibited firearms is extensive and was further expanded in 2020.

Québec requires gun registration, a free service. However, failure to register a non-restricted gun might result in the imposition of a $5,000 fine. Québec residents who don’t want to go through the registration process can turn in their firearms to the provincial police.

The Criminal Code Section 84 divides firearms into three categories:

  • Prohibited firearms: no one may legally possess an automatic gun, sawed-off shotgun, or guns that are less than 105 mm in length. This list was amended and expanded by the federal government in 2020.
  • Restricted firearms: handguns, semi-automatic guns, firearms that discharge centre-fire ammunition, and firearms with a barrel that is less than 470 mm in length can be owned once you have completed a safety course and obtained a licence under the Firearms Act.
  • Non-restricted firearms: hunting guns, such as rifles and shotguns, once a licence has been obtained.

In This Article

What Is a Firearms & Weapons Offences Charge?

Possessing an illegal or unregistered firearm can result in a number of criminal charges. These might range from illegal possession or use, careless storage that endangers children or other family members, possession of a prohibited or restricted firearm, or failure to register a non-restricted firearm. Use of a firearm during the commission of another crime can lead to a longer and harsher sentence. Even if no one was injured during the commission of a crime, the fact that a firearm or other weapon was present can lead to additional charges and enhanced sentencing.

What Are the Possible Consequences of a Firearms & Weapons Offences Charge?

Weapons offences are serious criminal charges and, therefore, carry with them mandatory minimum sentences upon conviction or pleading guilty. Throughout Canada, more than half the mandatory minimum sentences imposed by courts are in firearms and weapons cases. These mandatory sentences can range from one year for using a firearm during the commission of another crime. The sentence goes up to three years for a subsequent prosecution on a firearms charge. A sentence for illegal use or possession of a firearm is served consecutively with the time imposed for the primary crime. This can add years to a sentence.

A weapons charge becomes part of your permanent criminal record, trailing behind you wherever you go. That criminal record can interfere with your ability to get a job, obtain a professional licence, access financing, and bar you from entering the United States. For immigrants, a criminal record can mean jeopardizing your right to remain in Canada.

The Importance of Choosing a Skilled Québec City Firearm & Weapon Offences Lawyer

When the Crown accuses you of a criminal offence involving firearms or weapons, you face an opponent that will bring to bear the significant resources of their authority, including their powers to investigate you, obtain evidence, and subpoena and interrogate witnesses.  To protect your rights, you need to choose a Québec City Firearm & Weapon Offences Lawyer with vast experience in firearms and weapons cases.

Your defence lawyer will need a thorough familiarity with police procedures in firearms and weapons cases, a comprehensive understanding of the law, and an awareness of individual police officers who may be involved in your case and their tactics. Your defence lawyer should command the respect of the Crown to help make certain that government authorities conduct themselves within the bounds of our Constitution and Charter of Rights & Freedoms. Your lawyer should also have a significant presence in front of a judge and jury. These qualities define Québec criminal defence lawyer Patrick Jacques.

The Crown will have its version of circumstances that led to you being charged with a firearms or weapons offence. The objective of your defence is to create reasonable doubt with the Crown’s version. That may mean challenging their interpretation of the meaning of physical or invalidating the testimony of their witnesses. To mount an effective defence, your lawyer must examine all the evidence, as well as police processes and witness statements, to advance a credible narrative of circumstances and events that bring into question the Crown’s narrative.

The specific facts of your particular case will determine how Patrick Jacques will build a plausible defence. He will:

  • Make sure that the Crown provides all evidence assembled in their possession in a timely manner
  • Examine photos, texts, and other documents
  • Scrutinize witness testimony and delve into witnesses’ histories to discover facts that may bring into question their reliability. For example, was their cognition impaired by drugs or alcohol? Was lighting consistent with what they said they were able to see? Is their description of a site or an event believable?
  • Review police activities to ensure they followed provincial and Canadian, our Constitution, and the Charter of Rights & Freedoms in their methods for questioning witnesses, assembling evidence, and other actions
  • Review forensics, ballistics, DNA evidence, and any other scientific analyses
  • Collect and organize new evidence that may undermine the credibility of police and any other witnesses against you
  • Skillfully use this information to construct a defence that will instill reasonable doubt into the Crown’s case

Why Choose Patrick Jacques as Your Québec City Firearm & Weapon Offences Lawyer

During his distinguished career as a defence lawyer for more than two decades, Patrick has used his skills and knowledge of the law to work for his clients accused of crimes. A dogged negotiator and a shrewd interrogator of witnesses, Patrick Jacques has earned a reputation for fearless and ethical defence of his clients.

If you have been accused of a crime, choose the personalized, experienced representation of Patrick Jacques by calling 418-880-0694 or emailing today to arrange for a free consultation.

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