Firearm Offences
Firearms related charges are treated extremely seriously by our justice system. Many police departments have units dedicated solely to investigating firearm offences. In Ontario, a specialized unit of the Crown Office (called “Guns and Gangs”) prosecutes individuals facing firearm related charges. If convicted of a firearm related offence, the prosecutor will seek a jail sentence, even for a first time offender.
Richard has assisted individuals facing firearm charges since 2001.
If facing a firearms charge, you should look for a lawyer who has expertise in this complex area of the law, understand the licensing framework, and can identify police constitutional violations that may lead to a dismissal of the case.
Winning Strategies & Defences
If the matter goes to trial, Richard has a long history of identifying winning strategies and defences, including:
- That the Crown failed to prove his client was in possession of the firearm
- Identifying violations of his client’s constitutional rights under the Charter of Rights and Freedoms, leading to the exclusion of the evidence and a dismissal of the case
- Failure to prove the item was a firearm as defined by the Criminal Code
- If the weapon is located inside a residence, establishing that there were no grounds for the search warrant to be issued
Schedule A Meeting
Richard is always available to meet with you one-on-one to review the evidence, answer your questions and identify strategies for a successful result.
Call today to schedule a no charge consultation if you or a family member is charged with a firearm offence.
Richard acts for individuals facing firearm charges in Toronto, Mississauga, Brampton, Oshawa, Hamilton, Barrie, Newmarket and throughout Southern Ontario.
Schedule a Consultation With Richard Fedorowicz Today
FAQ’s
A firearm is any device that can be used to discharge projectiles through the use of an explosive force. This includes everything from pistols and rifles to machine guns and grenade launchers. Firearms typically use either a lead bullet or a shotgun pellet as their ammunition and are operated by either a manual mechanism (e.g. a trigger) or an electronic one (e.g. a solenoid).
A restricted firearm is any firearm that is regulated by law and requires a license or permits to possess. Restricted firearms typically include handguns, certain semi-automatic firearms, and other weapons that are capable of causing serious harm. In many jurisdictions, restricted firearms must be stored in a locked case and may only be used under specific circumstances.
A Possession and Acquisition Licence (PAL) is required in order to legally possess a firearm in Canada. Individuals applying for the first time must pass the Canadian Firearms Safety Course, which involves in-class instruction, as well as a written and practical test. If you wish to possess or use restricted firearms, you must pass the Canadian Restricted Firearms Safety Course, which will a allow you to obtain a PAL with restricted firearm privileges.
Your firearms must be stored in a safe, dry and secure location, such as in a gun safe. Most gun safes come with pre-drilled mounting holes so they can be securely affixed to the floor or wall of your home. If you choose to keep your firearm(s) locked in a case, be sure to use a high-quality lock that cannot be easily picked or bypassed. Never store your guns loaded – always keep them in an unloaded state and store ammunition in a separate, secure location.
A prohibited firearm is a type of firearm that is illegal to own, possess or use.
A non-restricted firearm is a type of firearm that is not restricted under the National Firearms Act in Canada. Non-restricted firearms include rifles and shotguns.
The offence of possessing of a restricted or prohibited firearm (s. 95) is hybrid. If prosecuted by indictment, the maximum penalty is 10 years incarceration. If prosecuted by summary conviction, the maximum penalty is 12 months incarceration.
If you are convicted of storing a firearm or ammunition unsafely, you could be fined up to $5,000 and/or imprisoned for up to 2 years. Additionally, your firearms may be confiscated and your license could be pursuant to a Firearm Forfeiture Application.
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