Firearms and Weapons Charges Lawyer in Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
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Charged with a firearms offence? Tell us what happened.
Gun charges are laid under Part III of the Criminal Code. Possessing a loaded prohibited or restricted firearm (section 95) carries up to 14 years by indictment, and many firearms charges place the onus on you at bail. A firearms lawyer can challenge the search, possession and licensing evidence.
Firearm charges and other gun charges in Canada are treated seriously from the first day. You may be held for a bail hearing, and the Crown may say it is up to you to show why you should be released. A firearms and gun charges lawyer can explain where you stand and what comes next.
Aftermath Law defends people charged with firearms and weapons offences, from licensing and storage charges to possession of a loaded prohibited firearm. We look at how the item was found, who it belonged to and whether police respected your rights.
Firearms charges laid in Mississauga and Brampton are generally heard at the Brampton courthouse in Peel Region. You can call a lawyer 24/7, including right after an arrest.
Charges involving knives and other weapons, such as possession for a dangerous purpose or carrying a concealed weapon, are covered in our guide to weapon possession charges.
Charged with a firearms offence?
Penalties
Penalties and consequences
Each charge is grouped by its maximum sentence if the Crown proceeds by indictment.
Loaded prohibited or restricted firearm
s. 95
Possession knowing it is unauthorized
s. 92Indictment only
Weapon for a dangerous purpose
s. 88Hybrid
Unauthorized possession of a firearm or prohibited weapon
s. 91Carrying a concealed weapon
s. 90Careless use or storage (second or subsequent)
s. 86
Careless use or storage (first offence)
s. 86
Hybrid means the Crown can proceed by indictment or summarily. A summary proceeding has a lower maximum.
Sections 85 and 95 have had no mandatory minimum sentence since 2022. Some other firearm offences still carry minimum jail terms. One example is robbery with a restricted or prohibited firearm under section 344(1)(a). Maximum penalties are the most a court can impose, not predictions of what will happen in your case.
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.We work to have conditions varied.
- Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
It can affect travel, employment, hunting and sport shooting, and any firearms licence you hold. A conviction for an offence with a maximum of 10 years or more may lead to inadmissibility under s. 36 of the Immigration and Refugee Protection Act.
We assess this before any resolution. - Your firearmsOften mandatoryRelease conditions and some sentences can ban you from owning weapons.
Weapons prohibition orders. A conviction or discharge for many firearms and weapons offences triggers a mandatory order under s. 109. On a first conviction, the order lasts at least 10 years for non-restricted firearms and some other items, and for life for prohibited and restricted firearms and prohibited weapons.
On a later conviction, it is for life. For other offences, a court may impose a discretionary order, generally of up to 10 years, under s. 110.
We explain when a ban applies and what it covers. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
7 GUIDESThe law
What the Crown must prove
Loaded prohibited or restricted firearm (s. 95)
The Crown must prove all three.
Your control. You knowingly possessed a restricted or prohibited gun.
Ready to fire. It was loaded, or suitable ammunition was readily accessible.
Required documents. You lacked a required licence, permission or registration for that place.
Unauthorized firearm possession (s. 91)
The Crown must prove all two.
Your control. You knowingly possessed a gun.
Required documents. You lacked a required licence or registration.
Knowing unauthorized firearm possession (s. 92)
The Crown must prove all three.
Your control. You knowingly possessed a gun.
Required documents. You lacked a required licence or registration.
Your knowledge. You knew you lacked the required licence or registration.
Careless firearm use or storage (s. 86(1))
The Crown must prove all two.
Your actions. You used, carried, handled, shipped, transported or stored a firearm.
Care for others. You acted carelessly, or without reasonable precautions for others' safety.
A lawful excuse may also matter.
Read the legal wording
Most firearms and weapons offences are in Part III of the Criminal Code (sections 84 to 117.15). Most turn on possession, knowledge and licensing.
Possession. Under Criminal Code s. 4(3), possession includes items on you and items you knowingly keep with another person or in a place. It also covers items shared with your knowledge and consent. Being in a car or home where a gun is found is not automatically possession.
Loaded prohibited or restricted firearm, s. 95. The Crown must prove you possessed a loaded prohibited or restricted firearm, or an unloaded one with readily accessible ammunition. It must also prove you did not hold both an authorization or licence allowing you to possess that firearm in that place and its registration certificate. Missing either one is enough.
Unauthorized possession, s. 91. The Crown must prove you possessed a firearm without a licence (and, for prohibited or restricted firearms, a registration certificate). Section 91 also covers prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition held without a licence.
Possession knowing it is unauthorized, s. 92. This is similar to s. 91, but the Crown must also prove you knew you did not hold the required licence or registration.
Careless use or storage, s. 86. The Crown must prove you used, carried, handled, shipped, transported or stored a firearm carelessly or without reasonable precautions for others' safety. Breaking the storage and transport regulations under the Firearms Act is also an offence.
Weapons other than firearms
The Criminal Code defines a "weapon" broadly. It includes anything used, designed or intended to cause death or injury, or to threaten or intimidate.
Some items are "prohibited weapons" under s. 84 and federal regulations. They include knives that open automatically by gravity, centrifugal force or a button or spring in the handle. The regulations also list brass knuckles, nunchaku, shuriken and devices made to incapacitate a person by spraying a gas, liquid or other substance. That last category can include some pepper spray products.
Related charges include carrying a concealed weapon (s. 90) and possessing a weapon for a dangerous purpose (s. 88).
Start with firearm laws in Ontario.
YOUR CONDITIONS
Bail and the reverse onus
Many firearms charges carry a reverse onus at bail. That means you, not the Crown, must show why you should be released. Bail hearings for these charges often turn on the strength of the release plan and the sureties.
Changes in force July 15, 2026 under Bill C-14 make bail harder in some cases. The lookback for prior weapons-related violence convictions was extended from 5 to 10 years. A person facing a reverse onus must now show their release plan addresses the risks. The "least onerous release first" rule does not apply to them.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
No outcome can be promised, but possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.Charge withdrawn or stayedThe prosecution drops or halts the charge.
Where the Crown cannot prove possession or knowledge.
Peace bondAgree to conditions under s. 810.
In some lower-level weapons cases, which is not a conviction.
AcquittalFound not guilty at trial.
At trial if the Crown cannot prove each element beyond a reasonable doubt.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.Evidence excludedThe court keeps evidence out of the case.
Under Charter s. 24(2) after an unlawful search, which may end the case.
Reduced chargeA less serious charge replaces the original.
For example a licensing or storage charge instead of a more serious possession offence.
THE CROWN'S VIEW
How the Crown looks at a firearms charge
A firearms charge must meet the same screening test as any other charge. There must be a reasonable prospect of conviction, and the case must be in the public interest. But Ontario Crown policy on firearms is stricter than for most offences. That leaves less room to resolve a case early.
That makes the strength of the evidence critical. Prosecutors look at whether the person knew about the firearm and had control over it, especially when it was found in a shared vehicle or home. They also examine whether the stop, search and arrest were lawful. A Charter breach can lead a court to exclude the firearm as evidence. Our lawyer trained at an Ontario Crown Attorney's Office, so we understand how these files are reviewed.
Possessing a loaded prohibited or restricted firearm carries up to 14 years and a mandatory weapons ban. A conviction can also make a permanent resident inadmissible. See our guide to a gun found in a car.
Your defence
How we defend firearms and gun charges
What was the item? - Criminal Code ss. 2 and 84
The Code’s firearm definition includes a barrelled weapon capable of discharging a projectile and causing serious injury or death. Section 84 distinguishes restricted and prohibited categories, including some based on dimensions or alterations. We compare photographs, measurements and technical material with the definition, category and statutory exception relevant to the actual count.
Knowledge and possession - Criminal Code ss. 4(3) and 91
Where a firearm is found in a shared home or vehicle, we examine the connection alleged against you. Section 4(3) includes knowing possession through another person or in a place for someone’s use or benefit, and shared possession with knowledge and consent. We review access, seizure locations, communications and the accounts of others against those requirements.
Licences, registration and the exact charge - Criminal Code ss. 91 and 95
Section 91 addresses possession without the required licence and, for prohibited or restricted firearms, registration. Section 95 concerns loaded prohibited or restricted firearms, or unloaded ones with readily accessible suitable ammunition, without the required authorization or licence for that place and registration. We check the licence, registration, dates, location, ammunition and any statutory exception against the precise charge.
Storage and handling - Criminal Code s. 86
Section 86 covers careless handling or a lack of reasonable safety precautions, without lawful excuse, and separately makes specified storage or transport regulation breaches offences. These are different questions from possession without authorization. We examine photographs, how the firearm was secured, its condition, ammunition and access by others against the particular allegation.
Search and seizure powers - Criminal Code s. 117.02; Charter s. 8
Section 117.02 requires specified weapons-offence grounds, the conditions for a warrant, and urgent circumstances making a warrant impracticable before its warrantless search power can be used. This particular power does not extend to a dwelling-house. We examine the recorded grounds, why no warrant was obtained and the scope of the search, alongside Charter protection against unreasonable search.
Release and proposed sureties - Criminal Code s. 515
Section 515(6) puts the burden on the accused for specified firearms allegations, including an indictable section 95 charge. The proposed release plan must clearly address the detention risks identified by the Code. We check the exact charge, any prohibition order, proposed residence, support arrangements and a proposed surety’s suitability before considering release or review options.
WHAT TO DO NOW
What to do if you have been charged
- Do not discuss the facts with police or anyone else. You have the right to silence.
- Ask for a lawyer right away and use that right before any questioning.
- Identify possible sureties: people who can supervise you and attend court.
- Follow every release condition, including any order not to possess weapons.
- Gather any licence, registration or storage records you have.
- Call a lawyer before your bail hearing or first appearance.
PEEL REGION
Firearms charges in Peel Region
When Peel Regional Police lay a firearms charge in Mississauga or Brampton, the person is usually held for a bail hearing. That hearing must take place within 24 hours of the arrest. Many firearms charges also have a reverse onus, so a release plan needs to come together quickly.
The Brampton Crown Attorney's Office prosecutes firearms cases, and Ontario Crown policy here is strict. The Crown's firearms policy was updated in March 2026. It says prosecutors must proceed by indictment for a list of firearms charges, such as unauthorized possession and possession in a vehicle. The only exception is for rare cases with approval. The Crown also cannot reduce or withdraw some firearms charges without approval. Firearms charges can never go to a community justice program. Our Brampton courthouse guide explains the local court process.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
15 links
- Criminal Code, s. 4 (possession)
- Criminal Code, s. 84 (definitions)
- Criminal Code, s. 86 (careless use and storage)
- Criminal Code, s. 88 (weapon for dangerous purpose)
- Criminal Code, s. 90 (carrying concealed weapon)
- Criminal Code, s. 91 (unauthorized possession)
- Criminal Code, s. 92 (possession knowing unauthorized)
- Criminal Code, s. 95 (loaded prohibited or restricted firearm)
- Criminal Code, s. 109 (mandatory prohibition order)
- Criminal Code, s. 110 (discretionary prohibition order)
- Criminal Code, s. 117.02 (search without warrant)
- Criminal Code, s. 787 (summary conviction punishment)
- Prohibited weapons regulations, SOR/98-462
- Canadian Charter of Rights and Freedoms
- Immigration and Refugee Protection Act, s. 36
Next steps
Talk to a lawyer today
If you or someone you know is facing a firearms or weapons charge, call (647) 223-1980, any time, day or night. Start with a free consultation, and we can help prepare for bail.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
Read the full reviewWorked with Dildeep and he was extremely professional and helpful. Would recommend as he explains the process well and kept me informed and reassured throughout. Answered my questions and concerns promptly. Thank you again!
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Questions
Frequently asked questions
Is a gun charge in Ontario automatically a reverse onus at bail?
Not every one, but many firearms charges carry a reverse onus. You must then show why you should be released. A strong plan and suitable sureties are often central.
Is there a mandatory minimum for a loaded prohibited gun under s. 95?
No. Section 95 does not carry a mandatory minimum sentence. It is a hybrid offence with an indictable maximum of 14 years.
Are switchblades, brass knuckles or pepper spray illegal in Canada?
Knives that open automatically by gravity, centrifugal force or a button or spring are prohibited weapons. Brass knuckles are listed in the federal regulations. Some sprays designed to incapacitate a person are also prohibited.
What if the gun was in a car or apartment I share with others?
Being near a firearm is not enough. The Crown must prove you knew about it and had control over it. This is often a key issue in shared spaces.