Montreal Firearms Offences Lawyer
What Is Unauthorized Possession Of A Firearm?
Unauthorized possession of a firearm (s. 91) involved having a firearm in your possession when you’re not permitted by law to do so. Basically, in order to possess a firearm, you require a possession and acquisition license, and in the case of restricted and/or prohibited firearms in particular you require a registration certificate as well.
What Other Firearm Offences Are There?
There are all sorts of other firearms offences that the Criminal Code explicitly prohibits, like trafficking a firearm (s. 99), importing or exporting a firearm (s. 103), careless use of a firearm (s. 86). There are also root crimes that become augmented by the use of a firearm, like assault with a weapon (s. 267(a)), sexual assault with a weapon (s. 272(1)(a)), and armed robbery (s. 344(1)(a.1).
What Happens If I’m Convicted Of A Firearm Offence?
When it comes to firearm offences, incarceration is the norm. Moreover, many violent offences where firearms were used (such as armed robbery) carry mandatory minimum sentences of incarceration. Moreover, if these firearms were used in connection to organized crime, this is an additional aggravating factor in sentencing.
I’ve Been Charged With A Firearms Offence - Now What?
If you’ve been charged with a firearms offence, it is absolutely vital that you exercise your right to counsel immediately. You should further invoke your right to remain silent. It’s also strongly encouraged to take note of your version of events from the moment that the police interacted with you; pay particular attention to the following:
- If no warrant was used, how did the officers first come across you and at what point were you detained or arrested?
- Did they provide you with your right to counsel?
- Did they inform you of your right to silence?
- Were they overly forceful in their arrest?
- If a warrant was used, what time was it executed?
- How did they enter your home?
- When did they inform you of your rights?
- At what point did you invoke your right to counsel and when did you actually speak to a lawyer?
- Were you stripsearched?
All of these details are crucial and may be the only way to get the evidence of your guilt excluded.
If you’re being investigated for a firearms offence, have been criminal charged or just have questions about your rights and obligations under the law, contact S. Zalman Haouzi Avocat today for a consultation!