Firearm Possession Lawyer Toronto | Gun Charge 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.

Firearm possession offences in the Criminal Code run from licensing lapses to loaded handguns, and the law treats those situations very differently. What the charges share is a common defence architecture: possession must be proven through knowledge and control, the firearm and its status must be proven, and the search that produced the gun is almost always the first battleground. In Toronto, where most firearm cases begin with a vehicle stop or a residential search, the Charter is not a side issue; it is usually the case.

What are the firearm possession offences under Canadian law?

The most commonly charged provisions are:

Section 91: possessing a firearm without holding a licence, and for restricted or prohibited firearms a registration certificate. This is the charge for expired paperwork and unlicensed inheritance situations, with a maximum of 5 years by indictment.
Section 92: possession knowing it is unauthorized, the more serious counterpart, with a maximum of 10 years.
Section 94: being an occupant of a vehicle knowing there is an unauthorized firearm in it, with a maximum of 10 years.
Section 95: possessing a loaded restricted or prohibited firearm, or one with readily accessible ammunition, without the required authorization, with a maximum of 10 years by indictment. This is the standard loaded handgun charge.
Section 117.01: possessing a firearm or other weapon while under a court-ordered prohibition, with a maximum of 10 years.

The Crown must prove possession (knowledge plus control, whether personal, constructive, or joint), that the object is a firearm within the Criminal Code definition, usually through an expert operability report, and the absence of authorization. Around the offences sits the regulatory layer of the Firearms Act: licensing, storage and transport rules, and, since October 2022, a national freeze on handgun transfers. Non-firearm weapons are dealt with on our weapons possession page, and transfer allegations on our weapons trafficking page.

Penalties for firearm possession in Ontario

The maximums range from 5 years for unauthorized possession under section 91 to 10 years for the offences described above. There is no longer a mandatory minimum for possession of a loaded restricted firearm: the Supreme Court struck the former minimums down in R v Nur in 2015, and Parliament repealed them, along with other firearm possession minimums, in 2022. That change should not be mistaken for leniency. Ontario courts treat loaded handgun possession as a penitentiary-range offence, and meaningful custody remains the norm on conviction; what the repeal restored is the court's ability to fit the sentence to the person and the circumstances, including through conditional sentences in appropriate cases.

Bail on firearm charges is demanding. For several possession offences, including section 95, the onus is reversed onto the accused, and amendments in force since early 2024 expanded those reverse onus categories. From July 15, 2026, the lookback for prior convictions that trigger the weapons reverse onus doubles from 5 to 10 years. A serious plan with sureties is the price of entry; our bail hearings page explains how those plans are built. A conviction also brings mandatory weapons prohibition orders and, for non-citizens, severe immigration consequences.

Possible defences to a firearm possession charge

Charter challenges: unlawful vehicle stops, arbitrary detentions, defective search warrants, and overbroad searches under sections 8 and 9. Exclusion of the firearm under section 24(2) usually ends the prosecution.
Possession: knowledge and control in shared homes, cars with multiple occupants, and borrowed spaces. Proximity to a gun is not possession of it.
Authorization and status: whether the accused actually held the required licence or authorization, and whether the firearm's classification is what the Crown alleges.
Operability: whether the object meets the definition of a firearm, tested against the expert report.
Knowledge of a prohibition order, in section 117.01 cases.
Continuity of the exhibit from seizure through examination.

Frequently asked questions

My licence expired. Am I facing the same charge as someone with an illegal handgun?

No. Licensing lapses are typically prosecuted under section 91, the least serious possession offence, and are often resolved without jail. Knowingly possessing an unauthorized or loaded restricted firearm is a different tier entirely.

A gun was found in a car I was in. Can I be convicted?

Only if the Crown proves you knew the gun was there and had some control over it, or occupied the vehicle knowing of it. Multi-occupant vehicle cases are contested exactly on knowledge, and they frequently fail on it.

Is there a minimum sentence for possessing a loaded handgun?

No. The former three-year minimum was struck down and later repealed. Sentencing remains serious, and substantial custody is the usual outcome on conviction, but the range is open and depends on the circumstances.

Will I get bail on a firearm charge?

Bail is available but often reverse onus, meaning you must show why release is justified. Strong sureties and a concrete supervision plan are usually decisive.

The police searched my car or home. Can that be challenged?

Frequently, yes. Most firearm prosecutions rise or fall on the legality of the stop, detention, or search, and a successful Charter application excluding the firearm usually ends the case.

What happens to my guns and licence if I am charged?

Bail conditions and weapons prohibitions typically require surrender of firearms and authorizations while the case is ongoing, and a conviction brings a mandatory prohibition order. Return of property depends on the outcome.

Charged with firearm possession? Contact us