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Weapons Offences

Individuals charged with a weapons offence may also be charged with other substantive criminal offences that were allegedly committed while using or in possession of the weapon.


What You Need To Know:

"Weapons Offence" is a very broad offence category. A “weapons” offence could include possessing a knife for a dangerous purpose but without threat of serious harm or the pointing of a loaded firearm.

Certain weapons offences, most notably those involving firearms, include mandatory minimum sentences of imprisonment.

Like all criminal offences the potential penalty will depend on the aggravating and mitigating circumstances of the offence and the offender and could range from an absolute discharge to a substantial period of time in the penitentiary.

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What Are Examples Of Weapons Offences?

Here are a few.

Weapons Dangerous – s. 88 of the Criminal Code, involves the possession of a weapon for a purpose dangerous to the public peace. Possession Offences – involves the mere possession of certain prohibited devices such as firearms (with the proper licence) and certain types of knives (eg. those that open with gravity or centrifugal force).

Carry Concealed Weapon – s. 90 of the Criminal Code, involves the concealment of a weapon or use offences – careless use of a firearm, point firearm, etc.

Understanding:

The Weapon Used

The Criminal Code defines a weapon as any thing used, designed to be used or intended for use in causing death or injury to any person or for the purpose of threatening or intimidating any person. Technically any object can be a weapon if its purpose is to threaten or intimidate.

Possession:

Is That Illegal?

It really depends on the purpose which the object is being possessed or carried and whether it meets the s. 2 definition of a weapon and whether it is concealed, prohibited, restricted, or carried for a dangerous purpose.

Good To Know:

What Is Prohibited?

Prohibited weapons or devices are specific objects which are illegal to even possess. They do not need to meet the s. 2 definition of a weapon as the Criminal Code clearly defines what they are. An example is a knife that can open with gravity or centrifugal force.

What Comes Next?
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