If you are a weapon owner, there are strict laws in place regarding how the weapon is registered and when it can be fired, as well as when it cannot. At Pollock & Company, our firearms lawyers understand the local weapon laws and can help you if you face a charge based on an offence involving a weapon.
Assault with a Weapon
Being charged with assault with a weapon, even as a first-time offender, is a serious matter under the Criminal Code of Canada. This charge applies when an individual uses or threatens to use a weapon during an assault, regardless of whether the weapon causes physical injury.
For first-time offenders, penalties can still include jail time, probation, fines, and a criminal record, which can have long-term consequences on employment, travel, and reputation. If you’ve been charged for the first time, it’s crucial to act quickly.
Assault with a Weapon Causing Bodily Harm
Assault with a weapon causing bodily harm is a serious criminal offence under the Criminal Code of Canada. This charge applies when someone uses a weapon—or an object intended to be used as a weapon—to injure or intimidate another person, resulting in actual physical harm. The weapon can range from a firearm or knife to everyday items like bottles or tools, depending on how they are used. If you are charged with this offence, you could be facing lengthy jail time, a criminal record, and other lasting severe consequences that affect employment, travel, and your reputation. If you or a loved one is facing this charge, it’s critical to seek legal advice from firearms lawyers right away.
What Is the Difference Between a Firearm Offence and a Weapons Offence?
A firearm offence specifically involves the illegal possession, use, or storage of a gun, while a weapons offence can apply to a broader range of weapons, including knives, blunt objects, or any item used to cause harm or threaten others. Despite the distinction, both types of offences can lead to serious consequences under Canadian law.
Most often, these charges are treated as indictable offences, which can carry penalties of up to 10 years in prison. Whether you’re facing a firearm or weapons charge, it’s essential to have skilled legal representation. Firearms lawyers at Pollock & Company in Winnipeg can help protect your rights and work toward the best possible outcome in your case.
Use of a firearm during an offence
If you are charged with using a firearm during an incident, such as a robbery, using a firearm during a crime is a serious offence.
Storing a Firearm in an Unsafe Manner—Understanding Gun Storage Laws in Manitoba
As a firearm owner in Manitoba, you are legally required to store your weapons in full compliance with gun storage laws, as outlined in the Canadian Firearms Act and the Criminal Code of Canada. These laws are in place to prevent accidents, theft, and unlawful use and are strictly enforced.
According to gun storage laws, non-restricted firearms, such as common hunting rifles or shotguns, must be:
- Unloaded at all times when not in use,
- Stored in a locked cabinet, container, or room that is difficult to break into,
- Or equipped with a secure locking device, such as a trigger lock or cable lock.
For restricted or prohibited firearms, like handguns or automatic weapons, the rules are more strict. These weapons must be:
- Unloaded,
- Secured with a locking device (e.g., trigger lock),
- Stored in a locked container or vault that is specifically built for secure storage,
- And separated from ammunition, which must also be stored in a locked container.
Unsafe storage, such as leaving a loaded handgun in a nightstand or a rifle accessible in a garage, can lead to serious weapon offences, especially if the firearm is later involved in a crime or accessed by someone unauthorized.
If you’ve been charged with storing a weapon in an unsafe manner, it’s essential to understand your rights and obligations under the law. These criminal charges can carry significant penalties, including fines, probation, or imprisonment, and may affect your eligibility to own firearms in the future.
Our legal team has experience defending clients facing weapon-related offences under Manitoba’s gun storage laws. We can help build a strong defence, guide you through the legal process, and work toward having your firearm charges reduced or dismissed, depending on the specifics of your case.
Carrying a concealed weapon
If you are found to be carrying a hidden weapon without the proper authority to do so, then you may be charged with carrying a concealed weapon.
Carrying a concealed weapon refers to possessing a weapon—typically a firearm—on your person or in close proximity, hidden from plain view, without proper authorization or permit. This charge often arises during routine police stops or security checks when officers discover a hidden weapon that has not been declared or legally permitted. The consequences can vary depending on the circumstances, but penalties may include fines, a criminal record, probation, or even jail time—especially if the weapon was loaded or used in connection with another offence.
In Canada, carrying a concealed weapon is illegal unless you have specific authorization. For example, individuals working in high-risk professions where there is a credible threat to life may be approved, or those living or working in remote wilderness areas where protection from wild animals is necessary—such as licensed trappers—may qualify.
Without this legal authorization, being found with a concealed weapon can lead to serious criminal charges. If you’re facing such an allegation, contact Pollock & Company’s firearms lawyers in Winnipeg for experienced legal guidance and defence.
Possession of a Firearm with Intent to Endanger Life
Possessing a firearm with the intent to endanger someone’s life is one of the most serious weapons offences under Canadian law. This charge implies not just possession, but a deliberate intent to use the weapon in a dangerous or threatening manner, which significantly elevates the severity of the alleged offence. If convicted, penalties can include a mandatory minimum sentence of five years in prison for a first offence, with longer terms possible depending on the circumstances. If you or someone you know is facing this charge, it’s critical to seek legal help immediately.
Is It Legal to Use a Firearm in Self-Defence?
Yes — under Canadian law, you may use a firearm in self-defence if you’re protecting yourself, someone else, or your property. However, the key factor is whether the force used was reasonable and necessary under the circumstances. In some cases, lethal force may be justified, but it heavily depends on the details of the situation and how the courts interpret your actions.
Can I Be Charged with a Firearm Offence If the Firearm Wasn’t Mine?
Yes, you can still face charges even if the firearm didn’t belong to you. Under Canadian law, this is considered unauthorized possession of a firearm. If you are found with a firearm and do not hold a valid firearms licence or registration, you can be charged with an indictable offence, which carries a potential prison sentence of up to five years. In less severe cases, you may be prosecuted by summary conviction, which includes lighter penalties but still results in a criminal record.
If you’ve been charged with possession of someone else’s firearm, contact Pollock & Company in Winnipeg. Our experienced legal team can help you understand your rights and build a solid defence based on the facts of your case.
Can You Be Charged with a Firearm Offence Without Using the Weapon?
Absolutely — even if you never discharged or used a firearm, you can still face serious firearm-related charges. Offences can include careless handling, failing to follow gun storage laws, pointing a firearm (loaded or not), carrying a weapon in a public place, concealing a firearm, or possessing it without authorization. Even having a firearm in an unauthorized location or in a vehicle can lead to criminal charges.
The experienced firearms lawyers at Pollock & Company in Winnipeg, MB, can help protect your rights, explain your legal options, and work toward the most favourable outcome—such as reduced weapons-related charges, diversion programs, or even a dismissal. Early legal support can make a major difference in how your case is resolved.
No matter your charge, firearms lawyers at Pollock & Company can provide the legal assistance needed to ensure that your rights are protected. Contact us today at 204.956.0450 or call 204.997.3967 for 24/7 support.
