Carry Concealed Weapon Lawyer Toronto | Weapons Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Carrying a concealed weapon is an offence under section 90 of the Criminal Code: carrying a weapon, a prohibited device, or prohibited ammunition concealed, without an authorization under the Firearms Act. The charge usually arises from a street stop or a search incident to arrest, when something is found in a pocket, waistband, or bag. Its elements are narrower than the fact pattern suggests. The object must actually be a weapon in law, the concealment must be intentional, and the search that found it must survive Charter scrutiny.

What is carrying a concealed weapon under Canadian law?

The Crown must prove beyond a reasonable doubt:

The object was a weapon, a prohibited device, or prohibited ammunition. Under section 2 of the Criminal Code, a weapon is anything used, designed to be used, or intended for use in causing death or injury or in threatening or intimidating. For inherently dangerous or prohibited items, such as a firearm or brass knuckles, this element is straightforward. For ordinary objects, it is not: a folded pocketknife or multi-tool in a pocket is not a weapon unless the Crown proves it was intended for use as one. An ordinary tool carried in an ordinary way is not this offence.
The accused carried it: on the person or close at hand, such as in a bag being carried.
It was concealed, and concealed intentionally: hidden from observation in circumstances showing a purpose to keep it from being seen, not merely an item that happened to be out of sight in a pocket.
No authorization under the Firearms Act applied. Authorizations to carry concealed are essentially unavailable to ordinary members of the public in Canada, so the element is rarely contested, but it completes the offence.

Concealed carry counts are often laid alongside the offences on our weapons possession page, and where the object is a firearm, alongside the more serious charges on our firearm possession page, which usually dominate the prosecution.

Penalties for carrying a concealed weapon in Ontario

Carrying a concealed weapon is a hybrid offence with a maximum penalty of 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. There is no mandatory minimum. On its own, a first-time concealed carry allegation involving a knife or similar object commonly resolves in Ontario without jail, and often without a conviction, through diversion, a peace bond, or a discharge, depending on the circumstances. Where the concealed item is a loaded firearm, the section 90 count is the least of the accused's concerns, and the sentencing picture is driven by the firearm offences. A conviction can bring a weapons prohibition and, for non-citizens, immigration consequences.

Possible defences to a concealed weapon charge

Not a weapon: the central defence for everyday objects. Tools, work knives, and utility items carried in the ordinary way lack the weapon character the offence requires, and the Crown must prove intended use as a weapon.
No intentional concealment: items ordinarily carried in pockets and bags are not "concealed" merely because they were not visible; the Crown must prove a purpose of concealment.
Knowledge: awareness that the item was there at all, in borrowed jackets, bags, and vehicles.
Charter challenges: these cases begin with police stops, investigative detentions, and pat-down searches, and the limits on those powers are strict. An unlawful detention or search leads to an application to exclude the weapon, which usually ends the case.
Classification disputes where a prohibited device is alleged.

Frequently asked questions

Is a pocketknife in my pocket a concealed weapon?

Not by itself. An ordinary folding knife carried as a tool is not a weapon in law, and being in a pocket is not automatically concealment. The offence requires proof the item was a weapon and was deliberately hidden.

What does concealed mean?

Hidden from observation with the intention that it not be seen. The Crown must prove the purpose of concealment, not just that the object was out of sight.

What is the penalty for carrying a concealed weapon?

Up to 5 years by indictment or 2 years less a day on summary conviction, with no minimum. Stand-alone first-time cases involving non-firearms often resolve without jail or without a conviction.

Can I carry something concealed for self-defence?

No authorization exists for ordinary members of the public to carry concealed weapons in Canada, and intending an object for use against people is what makes it a weapon. A self-protection purpose does not legalize concealed carry.

The police found it during a pat-down. Was that legal?

It depends. Police powers to detain and to conduct protective searches are real but limited, and whether the stop and search were lawful is often the decisive issue. Unlawful searches lead to exclusion of the evidence.

Will this charge give me a criminal record?

Only a conviction creates a record, and many first-time concealed weapon matters resolve through diversion, peace bonds, or discharges. The right path depends on the object, the context, and the strength of the Crown's case.

Charged with carrying a concealed weapon? Contact us