Weapons and Firearms Charges in Ontario

Updated October 8, 2026

Weapons and firearms allegations cover several different offences. The object, its legal classification, how it was possessed or used, and any licence or authorization matter. An unloaded firearm, an ordinary object or property found in a shared space cannot be assessed from a label alone.

Purpose and possession

Criminal Code section 88 concerns possession or carrying of specified items for a purpose dangerous to the public peace or for committing an offence. The alleged purpose is important. Other offences may focus on unauthorized possession rather than dangerous purpose. Counsel should identify the exact provision and evidence supporting each charge.

Licensing and classification

Section 91 addresses unauthorized possession of firearms and specified weapons, devices or ammunition, subject to exceptions. Firearm category and applicable licence or registration requirements must be checked against current law. A generic list of prohibited items can become outdated. Do not assume that an unloaded item, a licence for a different activity or an explanation about ownership resolves every charge.

What should counsel examine?

Disclosure may include photographs, examination reports, search warrants, licence records, police observations and evidence of knowledge and control. Who had access, where the item was found, its condition and classification, and the alleged use may need investigation. Search and statement issues require a proper legal analysis; they do not automatically lead to exclusion or dismissal.

Safe practical steps

Follow release conditions and any prohibition or seizure order. Do not handle or transport a firearm to a law office or police station without lawful, safe instructions. Preserve documents and communications, and obtain advice before giving an explanation. Potential prohibition orders, immigration consequences and professional or employment concerns should be considered alongside the criminal charge.

Sources and scope

Sources: Criminal Code section 88; Criminal Code section 91. This is an updated replacement for a legacy overview. It is general information, not legal advice. The exact charge, applicable statutory version and evidence require individual review.